The Drugs and Cosmetics Act, 1940 · III — 4[IMPORT OF DRUGS AND COSMETICS]

Section 9. Misbranded drugs

In force · As amended up to 2026-08

7[ 9. Misbranded drugs. —For the purposes of this Chapter, a drug shall be deemed to be misbranded— (a) if it is so coloured, coated, powdered or polished that damage is concealed or if it is made to appear of better or greater therapeutic value than it really is; or (b) if it is not labelled in the prescribed manner; or (c) if its label or container or anything accompanying the drug bears any statement, design or device which makes any false claim for the drug or which is false or misleading in any particular.] 8[9A. Adulterated drugs .—For the purposes of this Chapter, a drug shall be deemed to be adulterated,— (a) if it consists, in whole or in part, of any filthy, putrid or decomposed substance; or 1. Subs. by Act 3 of 1951, s. 3 and the Sch., for "the States". 2. Ins. by Act 13 of 1964, s. 6 (w.e.f. 15-9-1964). 3. Subs. by Act 68 of 1982, s. 2, for certain words (w.e.f. 1-2-1983). 4. Subs. by s. 4, ibid ., for the heading under Chapter III (w.e.f. 1-2-1983). 5. Subs. by Act 21 of 1962, s. 2, for sub-section (1) (w.e.f. 27-7-1964). 6. Subs. by Act 13 of 1964, s. 7, for "the Schedule" (w.e.f. 15-9-1964). 7. Subs. by Act 68 of 1982, s. 5, for section 9 (w.e.f. 1-2-1983). 8. Subs. by s. 6, ibid ., for sections 9A and 9B (w.e.f. 1-2-1983). (b) if it has been prepared, packed or stored under insanitary conditions whereby it may have been contaminated with filth or whereby it may have been rendered injurious to health; or (c) if its container is composed in whole or in part, of any poisonous or deleterious substance which may render the contents injurious to health; or (d) if it bears or contains, for purposes of colouring only, a colour other than one which is prescribed; or (e) if it contains any harmful or toxic substance which may render it injurious to health; or (f) if any substance has been mixed therewith so as to reduce its quality or strength.

Source: India Code

How this section changed

  1. substituted by Act 68 of 1982, s. 5

    In force from 1 Feb 1983

    Footnote: 7. Subs. by Act 68 of 1982, s. 5, for section 9 (w.e.f. 1-2-1983).

  2. substituted by Act 68 of 1982, s. 6

    In force from 1 Feb 1983

    Footnote: 8. Subs. by s. 6, ibid ., for sections 9A and 9B (w.e.f. 1-2-1983).