Human blood a drug?
N.K.Assumi
(Querist) 05 September 2008
This query is : Resolved
Is human blood a drug under section 3 and 18 of the Drugs and cosmetic Acts 1940?
K.C.Suresh
(Expert) 05 September 2008
Section 3[(b) “drug” includes—
(i) all medicines for internal or external use of human beings or
animals and all substances intended to be used for or in the diagnosis,
treatment, mitigation or prevention of any disease or disorder in human
beings or animals, including preparations applied on human body for the
purpose of repelling insects like mosquitoes;
(ii) such substances (other than food) intended to affect the structure
or any function of human body or intended to be used for the destruction
of 6(vermin) or insects which cause disease in human beings or animals, as
may be specified from time to time by the Central Government by
notification in the Official Gazette;]
2[(iii) all substances intended for use as components of a drug
including empty gelatin capsules; and
(iv) such devices intended for internal or external use in the
diagnosis, treatment, mitigation or prevention of disease or disorder in
human beings or animals, as may be specified from time to time by the
Central Government by notification in the Official Gazette, after
consultation with the Board ;]
7[(c) “Government Analyst” means—
(i) in relation to Ayurvedic, Siddha2 or Unani drug, a Government
18. Prohibition of manufacture and sale of certain drugs and cosmetics. —From such
1date as may be fixed by the State Government by notification in the Official Gazette in this
behalf ,no person shall himself or by any other person on his behalf—
(a) manufacture for sale 2[or for distribution] ,or sell, or stock or exhibit 2[or
offer for sale]—
2[(i) any drug which is not of a standard quality, or is misbranded,
adulterated or spurious;
(ii) any cosmetic which is not of a standard quality or is misbranded or
spurious;]
3[(iii) any patent or proprietary medicine, unless there is displayed in the prescribed manner on the label or container thereof the true formula or list of 2[active ingredients contained in it together with the quantities thereof;]] (iv) any drug which by means of any statement, design or device accompanying it or by any other means ,purport or claims 4[to prevent ,cure or mitigate ] any such disease or ailment ,or to have any such other effect as may be prescribed;
If you still have any doubt even after reading the above Section 3 and 18 DC Act express it in detail.
N.K.Assumi
(Querist) 05 September 2008
Reading the two sections I m of the view that human blood will fall under drug:
K.C.Suresh
(Expert) 06 September 2008
Pl. explain how you arrived so.
Adv.Shine Thomas
(Expert) 08 September 2008
Can anyone manufacture blood in the lab?In the case of a drug there must be a manufacturer.Natural human blood is not a drug.I donot heard about artificial blood.I think in blood banks natural blood simply preserved under low temperature.So I assume that,natural blood does not come under the definition of drug.
