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Section 26A – The Drugs and Cosmetics Act, 1940

The Drugs and Cosmetics Act, 1940

 

 

26A. Powers of Central Government to prohibit manufacture, etc., of drug and cosmetic in public interest. –

 

1[26A. Powers of Central Government to prohibit manufacture, etc., of drug and cosmetic in public interest.—Without prejudice to any other provision contained in this Chapter, if the Central Government is satisfied, that the use of any drug or cosmetic is likely to involve any risk to human beings or animals or that any drug does not have the therapeutic value claimed or purported to be claimed for it or contains ingredients and in such quantity for which there is no therapeutic justification and that in the public interest it is necessary or expedient so to do, then, that Government may, by notification in the Official Gazette, prohibit the manufacture, sale or distribution of such drug or cosmetic.]

 

COMMENTS

 

The State’s obligation of enforce production of qualitative drugs and elimination of the injurious ones from the market must take within its sweep an obligation to make useful drugs available at reasonable price so as to be within the common man’s reach; Vincent Panikurlangara v. Union of India; AIR 1987 SC 990.

 

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1.   Ins. by Act 68 of 1982, sec. 21 (w.e.f. 1-2-1983). 

 

 

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The Drugs and Cosmetics Act, 1940

 

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