Enforcement of the Drugs and Magic Remedies (Objectionable Advertisements) Act, 1954, in the State of Andhra Pradesh: situational analysis and lessons learnt

Abstract

Objective The aim of this retrospective study is to systematically examine the cases registered under the Drugs and Magic Remedies (Objectionable Advertisement) Act, 1954 (DMR (OA)), and identify the bottlenecks that hinder the effective implementation of the Act in the state of Andhra Pradesh. Methods A total of n = 58 court cases that were declared as convicted/acquitted under the DMR (OA) Act, 1954, by the final judgment during the period of January 2014–March 2017 were studied retrospectively. Key findings Misleading claims advertised for the treatment of fevers in general 36.2% were significantly higher. Diabetes 15.5% and asthma 8.6% were the other diseases. The majority of the cases 77.6% were declared either as convicted or acquitted in the final judgement within a time span of 1 year from the date of court case registration. Most of the convicted companies were in the Himachal Pradesh of India (28%). Ambiguity regarding the regulations of dietary supplements, Indian Systems of Medicine & herbal products, ayurvedic cosmetics, varying regulatory infrastructure across different states and nonuniformity of interpretation with reference to the licensing system was identified as the probable reasons that deter the effective implementation of the Act. Conclusion The global problem of SF medical products can be tackled only when the governments take radical steps. Considering the recommendations of Dr. R.A. Mashelkar Committee faster and strict implementation of the rules besides improving the coordination at every level is the greatest need of the hour.