Trial
Court asserting that he had been deceived into purchasing a
misbranded cosmetic product by M/s Marico Limited, a leading
manufacturer of personal care ... under :
"17C. Misbranded cosmetics.--For the purposes of this
Chapter, a cosmetic shall be deemed to be misbranded,--
xxxx xxxx xxxx
Drugs and
Cosmetics Act, 1940 (hereinafter "DCA") read with Rule 34 of the
Cosmetics Rules, 2020, clearly mandates that the various particulars such ... under:
"9C. Misbranded cosmetics.--For the purposes of this
Chapter, a cosmetic shall be deemed to be
misbranded--
(a) if it contains a colour
prosecution was that the tablets of Sulphadiazine and Sulphaguanidine were misbranded within the meaning of Section 17 (e) of the Act as they were ... Sulphadiazine and Sulphaguanidine tablets which were misbranded within the meaning of Section 17 (e) of the Drugs and Cosmetics Act and thereby committed an offence
quality of drugs and cosmetics that are
manufactured, sold and distributed in India and also defines "misbranded drugs" * Section 17 +,
"adulterated drugs ... further contention is that the objects and reasons of the Drugs and Cosmetics (Amendment)
Act, 1982, clarify that the definition of "spurious drugs
Cosmetics Act .
B. Test of disparagement in the context of Drugs and Cosmetics Act and
the Rules framed thereunder
26. Drugs and Cosmetics ... drugs and cosmetics.
xxx xxx xxx"
Apart from regulating the sale and import of drugs, the Drugs and Cosmetics
Act also stipulates the compliances
their reports opined that the drugs in question were sub-standard, misbranded and not of standard quality. The reports of the Govt. Analysts in respect ... drugs in question were misbranded or in any way contravened the provisions of Section 18 of the Drugs and Cosmetics Act, 1940. Learned Metropolitan Magistrate
Drugs and Cosmetics Act, 1940 talks about
the Prohibition of manufacture and sale of certain drugs and
cosmetics and states that :-
"From such date ... which is not of a standard quality, or is
misbranded, adulterated or spurious; (ii) any
cosmetic which is not of a standard quality
Drugs and Cosmetics Act, which reads thus:
Section 18 . Prohibition of manufacture and sale of
certain drugs and cosmetics:-
"From such date ... which is not of a standard quality,
or is misbranded, adulterated or spurious;
(ii) any cosmetic which is not of a standard
quality
Cosmetic Act (hereafter the "Act") alleging that sale of "Vedna Nigrah Ras" by him, amounted to sale of a misbranded drug
Lall referred to Section 17(c) of the Drugs and Cosmetics Act, 1940
(DACA) and urged that inasmuch as the label accompanying the toothpaste
Pepsodent ... Page 3 of 22
Defendant is guilty of misbranding. Laying emphasis on the 'Supers'
(textual message strings) which run at the foot
