IMPORT OF DRUGS AND COSMETICSCentral

Section 10A of The Drugs and Cosmetics Act, 1940

1[10A. Power of Central Government to prohibit import of drugs and cosmetics 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 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 import of such drug or cosmetic.]

Summary

The central government has the power to ban the import of any drug or cosmetic if it is in the public interest.
An import ban can be issued if a product poses a safety risk to humans or animals.
Imports can be stopped if a drug lacks the medical or therapeutic value that its makers claim.
The government can block drugs that contain ingredients that have no medical justification.

Practical examples

1A new cosmetic skin lotion from France is found to cause severe rashes on users. The central government steps in and bans its import in the public interest.

2An importer wants to bring in a miracle pill that claims to cure baldness, but scientific tests show the pill has no therapeutic value. The government bans its import.

3A foreign pharmaceutical company exports a multi-vitamin syrup containing excessively high doses of heavy metals. Since there is no therapeutic justification, the government blocks its import.

FAQ

1. On what grounds can the government ban a drug import under Section 10A of the Drugs and Cosmetics Act, 1940?

Under Section 10A of the Drugs and Cosmetics Act, 1940, the government can prohibit import if a drug poses a risk to humans or animals, lacks claimed therapeutic value, or has ingredients without medical justification.

2. Does Section 10A of the Drugs and Cosmetics Act, 1940 apply to cosmetics as well as drugs?

Yes, Section 10A of the Drugs and Cosmetics Act, 1940 gives the Central Government the authority to prohibit the import of both drugs and cosmetics in the public interest.

3. How does the government announce an import ban under Section 10A of the Drugs and Cosmetics Act, 1940?

Under Section 10A of the Drugs and Cosmetics Act, 1940, the Central Government prohibits the import of the drug or cosmetic by publishing a notification in the Official Gazette.

Test yourself

Q1.Under Section 10A of the Drugs and Cosmetics Act, 1940, which of the following is a valid reason for the Central Government to prohibit the import of a drug?

Q2.Under Section 10A of the Drugs and Cosmetics Act, 1940, what must the Central Government be satisfied of before banning an import?

Q3.Under Section 10A of the Drugs and Cosmetics Act, 1940, what action must the Central Government take to enforce a ban on importing a drug?

Q4.Under Section 10A of the Drugs and Cosmetics Act, 1940, what is the policy regarding drugs with ingredients that have no medical justification?

10PreviousSection 10 Prohibition of import of certain drugs or cosmetics.11NextSection 11 Application of law relating to sea customs and powers of Customs officers.

←Section 10 Section 11→