The Drugs and Magic Remedies Bill, 2020

o The Drugs and Magic Remedies (Objectionable

Advertisement) (Amendment) Bill, 2020 is a Bill proposed
by the Ministry of Health and Family Welfare to bring some
changes to its parent bill - the Drugs and Magic Remedies
(Objectionable Advertisement) Bill, 1954. 
o The 1954 Bill aims to regulate the advertisement of
medicines in India. In certain cases, it aims at prohibiting
the advertisement of certain cures which are suspected to
have magical powers or qualitiesand makes doing so
a cognizable offence.
o The definition of "advertisement" is changed in the Bill.
Because of the development of communication technology,
the definition under the Act is not suitable for modern use.
o The amendment increases the scope of the word
"advertisement" by including electronic media, internet or
websites as well as notices, circulars, labels, wrappers, and
posters. 
o The Bill further adds that for certain drugs, one can advertise
the drug after taking consultation from Ayurvedic, Siddha
and Unani Drugs Technical Advisory Board. 
o The amendment increases the punishment for violation of
the Act, and also increases the list of the diseases for which
advertisement is prohibited. This draft bill added 24(total-78)
new diseases and disorders to the schedule, which earlier
had 54 diseases. These include drugs or treatment for
fairness of skin, premature ageing, and improvement in
height of kids and adults. 
PUNISHMENT:
The amendment proposes to increase the penalties. For the first
conviction, the proposed punishment is imprisonment of up to two
years and fine up to ₹10 lakh. For subsequent conviction, the
imprisonment may extend to five years with a fine of up to ₹50 lakh.

PUNISHED IN THE PAST:

**An FIR was registered against yoga guru and businessman Baba
Ramdev, whose company Patanjali Ayurved was marketing a “cure” for
COVID-19, called ‘Coronil’, without taking the AYUSH ministry’s
approval. They have been booked under Section 420 (cheating) of the
Indian Penal Code (IPC), and the Drugs and Magic Remedies
(Objectionable Advertisements) Act.

*In June last year, the Travancore Cochin Medical Council

had suspended for a month the registration of an Ayurvedic doctor
after finding him guilty of violating the Act. This was after the council
received complaints about the doctor advertising the cure for various
ailments through his treatment of “thullimarannu” (oral drops).

*In 2016, the Maharashtra Medical Council of India had suspended for

3 months registrations of a Colaba-based doctor couple running an
IVF clinic following complaints that they made promises of
guaranteed pregnancy on their website and even offered refund if the
treatment failed.

LANDMARK CASE RELATED TO CONSUMER

PROTECTION:
The leading case of Donoghue v Stevenson is considered to be the landmark
judgment for laws relating to product liability where the manufacturer was
held liable by the court for the presence of snail in ginger beer. This was a
hallmark in cases relating to consumer protection opening floodgates
and called for the need of legislations to take care of the consumers and to
protect their interests.

Consumer Protection Act, 1986 (Related ACT)

The Consumer Protection Act, 2000 is an Act of the Parliament of India enacted in 1986
to protect the interests of consumers in India. It is replaced by The Consumer Protection
Act 2019(COPRA).

This ACT helps to educate the consumer on the right and responsibilities of being a
consumer and how to seek help or justice when facing exploitation as a consumer.