Section 17 of DCA : Section 17: Misbranded Drugs

Explanation using Example

Imagine a pharmaceutical company named "HealFast Pharma" produces a pain relief medication called "PainAway." The company uses a special coating on the tablets that makes them look shiny and more effective. Additionally, they label the product as having "advanced pain-relief properties" without any scientific evidence to support this claim. They also fail to include required information on the label, such as side effects and expiration date.

Under Section 17 of The Drugs and Cosmetics Act, 1940, "PainAway" would be considered misbranded because:

• The coating is misleading consumers to believe the drug has better therapeutic value.
• The label does not follow the prescribed manner of labeling, lacking important information.
• The label makes a false claim about the drug's effectiveness, which is misleading.

As a result, HealFast Pharma could face legal actions for selling a misbranded drug.