Section 33E of DCA : Section 33E: Misbranded Drugs

Explanation using Example

Imagine a company named "HerbalHeal" manufactures an Ayurvedic cough syrup called "KofAway". A customer, Priya, purchases it because the label claims it is a "100% cure for chronic cough", which is a false claim since no Ayurvedic medicine can guarantee a 100% cure rate. After using it for several weeks with no improvement, Priya learns that the claim was not based on any scientific evidence or clinical trials.

In this scenario, "KofAway" cough syrup could be deemed misbranded under Section 33E(c) of The Drugs and Cosmetics Act, 1940, because its label made a false claim about the drug's therapeutic value, which is misleading to consumers like Priya.