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ApniLaw > Blog > Legal Articles > Acts > What Makes a Drug Misbranded, Spurious, or Adulterated? (Sections 17–17D of Drugs and Cosmetics Act)
ActsNews

What Makes a Drug Misbranded, Spurious, or Adulterated? (Sections 17–17D of Drugs and Cosmetics Act)

Amna Kabeer
Last updated: August 9, 2025 9:58 pm
Amna Kabeer
1 week ago
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Drugs And Cosmetics Act, 1940
Drugs And Cosmetics Act, 1940
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The Drugs and Cosmetics Act defines specific conditions under which drugs and cosmetics are considered misbranded, adulterated, or spurious. These rules protect public health by ensuring that products are safe, properly labelled, and not misleading.

Contents
What Is Misbranded DrugsWhat Is Adulterated DrugsWhat Is Spurious DrugsWhat Is Misbranded CosmeticsWhat Is Spurious CosmeticsConclusion


What Is Misbranded Drugs


A drug is misbranded if it hides damage through colouring, coating, or polishing. It is also misbranded if it appears to have more therapeutic value than it actually does. Failure to label the product in the prescribed manner also qualifies. Any false or misleading statements, designs, or claims on the label, container, or accompanying material make a drug misbranded.


What Is Adulterated Drugs


A drug is adulterated if it contains filthy, decomposed, or putrid substances. It also applies if it is prepared, packed, or stored in unsanitary conditions that may cause contamination or harm. If the container has poisonous materials, the contents are unsafe. Using unapproved colouring agents, harmful substances, or mixing materials to reduce quality or strength also makes a drug adulterated.


What Is Spurious Drugs


A drug is spurious if it is manufactured under the name of another drug. It is also spurious if it imitates or substitutes another drug in a way that may deceive consumers. Using the name of a fictitious manufacturer, substituting the contents, or falsely claiming to be from a specific manufacturer also qualifies as spurious.


What Is Misbranded Cosmetics


A cosmetic is misbranded if it contains unapproved colours. Improper labelling or false and misleading statements on the label, container, or related material also make it misbranded. For any specific query call at ‪+91 – 8569843472‬


What Is Spurious Cosmetics


A cosmetic is spurious if it uses the name of another cosmetic. It is also spurious if it imitates or substitutes another cosmetic in a way likely to mislead. Using a fake manufacturer’s name, or falsely claiming to be a product of a specific manufacturer, also falls under this category.


Conclusion


The classification of drugs and cosmetics as misbranded, adulterated, or spurious ensures consumer safety and product integrity. Strict compliance with these definitions helps prevent harm, ensures accurate labelling, and maintains trust in healthcare and cosmetic products.

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TAGGED:Adulterated DrugsDrug traffickingDrugsDrugs and Cosmetics ActMisbranded DrugsSpurious Drugs
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Previous Article Drugs And Cosmetics Act, 1940 Import of Drugs and Cosmetics: What Is Allowed and What Is Prohibited (Chapter III, Section 10–13)
Next Article Drugs And Cosmetics Act, 1940 Regulation of Cosmetics Under the Drugs and Cosmetics Act (Sections 16, 18A, and relevant rules)
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