( ISSN 2277 - 9809 (online) ISSN 2348 - 9359 (Print) ) New DOI : 10.32804/IRJMSH

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LAWS RELATING TO DRUGS AND PUBLIC HEALTH

    1 Author(s):  DR. PANDHARE BALASAHEB DASHRATH

Vol -  6, Issue- 1 ,         Page(s) : 352 - 369  (2015 ) DOI : https://doi.org/10.32804/IRJMSH

Abstract

Access to cheap drugs is an essential aspect of right to healthcare. The major laws and orders governing these areas are the following: 1. Drugs and Cosmetics Act, 1940 2. Drugs and Magic Remedies (Objectionable Advertisements) Act, 1954 3. Patents Act, 1970 Other than these, the Pharmacy Act requires that only a registered pharmacist may prepare and compound drugs. The expectation from the legislation and executive would be that cheap, effective, sufficient and high quality drugs are available to the people at large. Affordable drugs are an integral component of universal health care and accessible health care.

  1.   for the purposes of this Chapter, a drug shall be deemed misbranded- (a) If it is so coloured, coated, powdered or polished that damage is concealed or if it is made to appear of better or greater therapeutic value than it really is; or (b) If it is not labeled in the prescribed manner; or (c) If its label or container or anything accompanying the drug bears any statement, design or device which makes any false claim for the drug or which is false or misleading in any particular.
  2.  For the purpose of this Chapter, a drug shall be deemed to be adulterated- (a) If it consists in whole or in part, of any filthy, putrid or decomposed substances; or (b) If it has been prepared, packed or stored not under sanitary conditions whereby it may have been contaminated with filth or whereby it may have been rendered injurious to health; or (c) If its container is composed, in whole or in part, of any poisonous or deleterious substances which may render the contents injurious to health; or (d) If it bears or contains, for purposes of colouring only, a colour other than one which is prescribed; or (e) If it contains any harmful or toxic substance which may render it injurious to health; or (f) If any substance has been mixed there with so as to reduce its quality or strength.
  3.  For the purposes of this Chapter, a drug shall be deemed to be spurious- (a) If it is manufactured under a name which belongs to another drug; or (b) If it is an imitation of, or is a substitute for, another drug or resembles another drug in a manner likely to deceive or bears upon it or upon its label or container the name of another drug unless it is plainly and conspicuously marked so as to reveal its true character and its lack of identity with such other drug; or (c) If the label or container bears the name of an individual or company purporting to be the manufacture of the drug, which individual or company is fictitious or does not exist; or (d) If it has been substituted wholly or in part by another drug or substance; or (e) If it purports to be the product of manufacture of whom it is truly a product.
  4.    Section 18
  5.   Section 3
  6.   Section 4
  7.   In the matter of an application for Patent No. 1602/mas/98 order of the controller of patent dated 25th January 2006. C.F.  Drugs and public health: Adv Mihir Desai and Adv. Dipti Chand: Healthcare case law in India:Centre for enquiry in to health and allied themes:2007: P-101
  8.   C.F. Novartis AG V. Union of India Civil Appeal No. 2706-2716 of 2013 Judgment Delivered on 1st April 2013 at Page. No. 11
  9.   Ibid at Page 11 para 19
  10.   Civil Appeal No. 2706-2716 of 2013 Judgment Delivered on 1st April 2013

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