Comments

It is not necessary that the article should be applied to the whole body. If it is applied to a part of the body and if it beautifies or promotes attractiveness oralters appearance then also it will be a cosmetic within the meaning of Drugs and Cosmetics Act, 1940; State of Bombay v. Zahid Hussain, 1975, Mah LJ. 455.

'Gandh' and 'nail polish' are 'cosmetics' within the meaning of the Act; State of Bombay v. Zahid Hussain, 1975 Mah LJ 455.

(Note: Subs. by Act 11 of 1955, sec.2, for clause (b))"drug" includes

(Note: Subs. by Act 68 of 1982, sec.3, for sub-clause (i) (w.e.f. 1-2-1983))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 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 ;

Such substances (other than food) intended to affect the structure or any function of the human body or intended to be used for the destruction of (Note: Subs. by Act 13 of 1964, sec.2, for "vermins" (w.e.f. 15-9-1964) 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 ;

(Note: Ins. by Act 68 of 1982, sec.3 (w.e.f. 1-2-1983)) All substances intended for use as components of a drug including empty gelatin capsules ; and

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;