Jan Vishwas Act: Transforming Penalties for Drug Advertising Offenses

The recent amendment to Section 29 comes as a part of the Jan Vishwas Act, 2023, a significant development in drug regulatory measures.

Nilesh Gandhi

October 14, 2023

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Nilesh Gandhi

Jan Vishwas Act

Jan Vishwas Act: Regulatory experts shed light on the scarcity of cases filed for the violation of Section 29 of the Drugs and Cosmetics (D&C) Act, 1940 in the context of discussions surrounding the decriminalization of offenses under the same act.

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The recent amendment to Section 29 comes as a part of the Jan Vishwas (Amendment of Provisions) Act, 2023, a significant development in drug regulatory measures.

This section deals with penalties for the use of a Government Analyst’s report for advertising purposes.

The Revised Provisions

The amended Section 29 of the Jan Vishwas Act brings about notable changes in the penalties associated with contravention.

Formerly, fines could extend up to five thousand rupees; now, they can be as high as one lakh rupees.

This substantial increase aims to enforce stricter compliance with advertising regulations in the pharmaceutical industry.

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Expert Insights

Nilesh Gandhi, proprietor of Pharm Astute and former assistant commissioner (Drugs) at the Food and Drug Administration, Mumbai, expressed his perspective on the amendment.

He emphasized that, to the best of their knowledge, there have been few, if any, instances of individuals being convicted under Section 29 of the Act.

This amendment, therefore, may hold more academic interest than immediate practical impact.

Understanding the Existing Act

SW Deshpande, a legal expert from Pharmalex Complete Legal Solutions and former joint commissioner at the Maharashtra Food and Drug Administration (FDA), provided a detailed explanation of the existing provisions.

Under the current D&C Act, any individual using a report or analysis from the Central Drugs Laboratory (CDL) or a Government Analyst for advertising drugs or cosmetics could face fines up to five thousand rupees.

Revisiting Section 30(2)

Section 30(2) of the Act addresses subsequent offenses related to advertising Government Analyst Reports.

It stipulates that a person previously convicted under Section 29, who is convicted again under the same section, could face imprisonment for up to two years or a fine of not less than ten thousand rupees, or both.

The Jan Vishwas Impact on Section 30(2)

The Jan Vishwas Act also brings changes to Section 30(2), specifically concerning penalties for subsequent offenses.

The amendment removes the possibility of imprisonment for up to two years, leaving a substantial fine of not less than five lakh rupees as the sole penalty.

This modification reflects a shift towards heavier financial penalties for repeat offenses, aiming to deter non-compliance.

Disclaimer: The views expressed are solely those of the author, and TheHealthMaster.com does not necessarily subscribe to them. TheHealthMaster.com shall not be responsible for any damage caused to any person / organization, directly or indirectly.

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