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The Drugs Act, 1940

( ACT NO. XXIII Of 1940 )

Chapter IV

MANUFACTURE, SALE AND DISTRIBUTION OF DRUGS

Misbranded drugs
 
 
 
 
17. For the purposes of this Chapter a drug shall be deemed to be misbranded
 
 
 
 
(a) if it is an imitation of, or substitute for, or resembles in a manner likely to deceive, another drug, 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
 
 
 
 
(b) if it purports to be the product of a place or country of which it is not truly a product; or
 
 
 
 
(c) if it is sold, or offered or exposed for sale, under a name which belongs to another drug; or
 
 
 
 
(d) 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
 
 
(e) if it is not labelled in the prescribed manner; or
 
 
 
 
(f) 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; or
 
 
 
 
(g) if the label or container bears the name of an individual or company purporting to be the manufacturer or producer of the drug which individual or company is fictitious or does not exist.

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Ministry of Law, Justice and Parliamentary Affairs