On 10 August the Ministry of Health and Family Welfare notified an amendment to the Drugs and Cosmetics Act, 1940, made by the passage of the Drugs and Cosmetics (Amendment) Bill, 2008.
The amendment seeks to strengthen the existing law against the menace of adulterated and spurious drugs, and brings into effect some of the recommendations made in November 2003 by the ministry-appointed expert committee chaired by Dr RA Mashelkar.
The amended act has several notable features:
- Inclusion of “adulterated” cosmetics: The existing act contains certain prohibitions and offences listed in relation to “misbranded”, “spurious” and “adulterated” drugs, but it provided only for “misbranded” and “spurious” cosmetics. The amended act introduces the category of “adulterated cosmetics”.
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The legislative and regulatory update is compiled by Nishith Desai Associates, a Mumbai-based law firm. The authors can be contacted at nishith@nishithdesai.com. Readers should not act on the basis of this information without seeking professional legal advice.
