Legal Question in Criminal Law in India

Drugs and Cosemtics Act

Misbranding of Drugs is an offence under the Drugs and Cosmetics Act 1948 vide sections 17A,B, & C. I would like know whether the offence of wrong priting of two expiry dates on the label due to machine error and opeartor's negligence to check and remove those double printed labels, can be considered a misbranding. My opinion is that misbranding is mainly to check misleading and deceptive practices by manufacturers and marketers by making false claims on their drugs such as drugs said to be curing on impotency, reducing obesity etc. What could have been the legislative intent behind the provisions of misbranding under the act. At the most the above stated mistake could come under any other penal provisons and not misbranding. I shall be glad to receive expert legal opinions on this issue.


Asked on 3/15/07, 4:57 am

2 Answers from Attorneys
JUZER UDAIPURI M/S. UDAIPURI & COMPANY

Re: Drugs and Cosemtics Act

The harshness of a criminal enactment does not make it wrong. Yes, even if there is a machine error, it will amount to misbranding. One has to be very careful when it comes to drugs and cosmetics, since they deal with the human body. I suggest you read a couple of authorities on this point which will be available in the local law library.

Your personal opinion is of no concern in technical offences. Mis-statements amount to misbranding. Over and out.

Kindly consult a good local legal practitioner, who is well versed with this law, or consult some judgments of the High Court and Supreme Court on this point.

I hope a satsifactory answser has been given to you.

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Answered on 3/17/07, 10:38 am
G. M. Gupta gmguptaandassociates

Re: Drugs and Cosemtics Act

the mistakes in drugs are taken seriously

though facts and circumstances may change the situation but that can not be disscussed here and its a matter of trial

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Answered on 5/01/07, 3:03 pm


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