Centre empowers administrators of five UTs under Drugs and Magic Remedies Act

The Centre has delegated significant enforcement powers to lieutenant governors and administrators of five Union territories to curb misleading and exaggerated health-related advertisements under the Drugs and Magic Remedies (Objectionable Advertisements) Act, 1954 . A recent gazette notification issued by the Home Ministry directs these officials to enter and search any premises, examine and seize records, and initiate action against objectionable ads claiming miraculous cures for serious illnesses such as cancer, diabetes, obesity, and other prohibited conditions.

Under the order, the administrators whether known as lieutenant governors or administrators of Jammu and Kashmir, Lakshadweep, Chandigarh, Dadra and Nagar Haveli and Daman and Diu, and Puducherry are empowered, subject to the control of the President and until further orders, to exercise the powers normally held by state governments under the Act within their respective territories.

This step is significant because, until now, Union Territory administrators did not have clear legal authority to enforce the law. The Act previously allowed only state governments to authorize officers to inspect premises, seize records, and take action against misleading advertisements. Many UTs either lack a legislative assembly or have limited self-governing powers , creating a legal gap in enforcement. The new delegation ensures that misleading health advertisements can now be effectively monitored and acted upon in UTs , bringing them on par with states in terms of regulatory oversight.

The delegation of power is backed by Article 239 of the Constitution , which governs administration in Union territories where executive authority rests with the President, exercised through appointed administrators. By formally assigning these functions to UT administrators, the Centre ensures uniform and effective enforcement of the law and removes any ambiguity about regulatory authority.

The Drugs and Magic Remedies (Objectionable Advertisements) Act, 1954 regulates advertisements of drugs, remedies, and treatments that make false, misleading, or exaggerated claims about their effectiveness or healing properties. It defines “advertisement” broadly, covering print, electronic, oral, and other forms of public communication, including so-called “magic remedies” that claim miraculous healing powers.

Previously, enforcement of the Act including monitoring advertisements, initiating prosecutions, and taking action against violators was a state government responsibility . With the new order, UT administrators now serve as the competent authority in their territories and can empower officers to enforce the law, monitor advertising content across print, electronic, and digital platforms, and take action against defaults. Officials say the move underscores the government’s emphasis on strengthening regulatory mechanisms related to public health and consumer protection , especially in regions where enforcement was previously limited.

The amendment is part of broader efforts to tackle misleading claims in health advertising, which courts and regulators have highlighted as capable of causing “great harm to society” and prompting orders for grievance redressal mechanisms in some jurisdictions. By officially empowering UT administrators, the government closes a critical enforcement gap and strengthens public health safeguards in Union Territories.