Section 29 of the Drugs and Cosmetics Act 1940 - Government Analyst Report Used for Advertising
Section 29 regulates the use, for advertising, of a test or analysis report made by the Central Drugs Laboratory or by a Government Analyst, including an extract from such a report. The provision applies to advertising of a drug or cosmetic.
What Section 29 covers
The provision is directed at the use of an official laboratory or Government Analyst report as advertising material. It covers both the complete report and an extract from the report when used for the purpose of advertising a drug or cosmetic.
Current effect of Section 29
Prohibited use: Using a report of a test or analysis made by the Central Drugs Laboratory or a Government Analyst, or an extract from such a report, for advertising a drug or cosmetic.
Current consequence: Liability to a penalty which may extend to Rs. 1,00,000 under the amendment made by the Jan Vishwas (Amendment of Provisions) Act, 2023.
Meaning of key terms
Central Drugs Laboratory
The Central Drugs Laboratory is the statutory central laboratory functioning within the regulatory framework of the Drugs and Cosmetics Act and the rules made under it. Section 29 specifically protects reports of tests or analyses made by this laboratory from being used for advertising drugs or cosmetics.
Government Analyst
Section 20 of the Drugs and Cosmetics Act provides for appointment of Government Analysts by the Central Government or a State Government for the areas and categories of drugs or cosmetics assigned to them, subject to the statutory framework. Section 25 deals with reports of Government Analysts. Section 29 concerns the later use of such reports or extracts for advertising.
Advertising
For Section 29, the important statutory element is that the Government Analyst or Central Drugs Laboratory report, or an extract from it, is used for the purpose of advertising a drug or cosmetic. The provision therefore focuses on promotional use of the official report.
Amendment history
The words extending the provision to cosmetics were inserted by Act 21 of 1962 with effect from 27 July 1964. The earlier maximum fine was increased from Rs. 500 to Rs. 5,000 by the Drugs and Cosmetics (Amendment) Act, 2008 with effect from 10 August 2009.
The Jan Vishwas (Amendment of Provisions) Act, 2023 subsequently replaced the expression imposing a fine up to Rs. 5,000 with an administrative penalty that may extend to Rs. 1,00,000.
2026 amendment: Section 29 to be omitted from 30 June 2027
The Jan Vishwas (Amendment of Provisions) Act, 2026 provides that Section 29 shall be omitted. However, Ministry of Health and Family Welfare Notification S.O. 3286(E), dated 22 June 2026, appoints 30 June 2027 as the date on which the relevant amendments concerning the Drugs and Cosmetics Act, 1940 will come into force. Therefore, the omission is a future change and should not be presented as the law already in force as on 25 September 2026.
Related provisions
Section 20 - Government Analysts explains the statutory appointment of Government Analysts. Section 25 - Reports of Government Analysts deals with their reports. Section 30 - Penalty for subsequent offences should be read with the amendments applicable from time to time.
Practical compliance point
Businesses advertising drugs or cosmetics should not use a Central Drugs Laboratory report, a Government Analyst report, or an extract from either report as promotional material while Section 29 remains in force. The legal position should be checked again on and after 30 June 2027 because the notified 2026 amendment provides for omission of this section.
This page is a general legal information resource. For an enforcement, prosecution, adjudication or compliance matter, verify the provision and applicable commencement notifications as on the relevant date.