The question (6 marks)
A company publishes a full-page newspaper advertisement for a herbal capsule, claiming that it dissolves kidney stones, restores sexual vigour and has no side effects whatsoever. The advertisement carries the photograph and signature of a registered medical practitioner recommending the product. The company says that the claim about kidney stones is supported by its own trials and is therefore true. Answer, with reasons: (i) Is the advertisement objectionable, and under which provisions? (ii) Does the truth of a claim assist the company? (iii) What is the position of the doctor whose photograph appears? (6 marks)
MU Module IV, drugs and magic remedies, objectionable advertisements; pack ch. 04.
Plan your answer on paper before you look at the authorities — issue first, then the rule, then apply it to these facts.
It tests Unit 4 · Medico-Legal Issues of Law and Medicine.
Authorities you will need
- Drugs and Magic Remedies (Objectionable Advertisements) Act 1954, ss. 2, 3, 4, 5, 7, 8, 9, 9A, 10, 10A, 14 and 15, and the Schedule
- Indian Medical Council (Professional Conduct, Etiquette and Ethics) Regulations 2002, prohibition on endorsement and on self-advertisement
- National Medical Commission Act 2019, s. 30, disciplinary action with a right of hearing and appeal
How an answer is marked
A full-marks answer names the issue in one line, states the rule with its section, cites the authority, applies it to these facts and concludes — in that order. The app's model answer for this question is written in exactly that shape, with a checklist to mark your own attempt against.