A Single Bench of Justice RS Endlaw today stayed the Union and Health. Ministry’s Notification that had banned manufacture, distribution and sale of 344 Fixed Dose Combination (FDC) drugs..Leading pharma manufacturer Pfizer Ltd, today moved the High Court challenging the said notification as the list of drugs banned by the Govt included the company’s widely available Corex syrup. Mumbai-based law firm Veritas Legal advised Pfizer with a team led by Partners Abhijit Joshi and Rahul Dwarkadas along with Yuvraj Choksy and Rebha Dakshini. Aggarwal & Associates also assisted Veritas on this matter..The company has stated in its plea that under the said notification, its drugs were banned with ‘immediate effect’ on frivolous and unsubstantiated grounds. The Government banned on the ground that there existed ‘safer alternatives’, without specifying any such alternatives..The petition, a copy of which is with Bar & Bench, further goes on to say,.“Prior to the issuance of the impugned notification, the Petitioner has not been issued/served any show cause notice or any notice of any nature whatsoever in calling upon the Petitioner to make any submissions/representations before the Respondents in respect of the Combination and/or the subject drug Corex….….due to the impugned notification, not only have the Petitioners been severely affected but also the consumers/patients who have been prescribed and/or likely to be prescribed the Combination and/or the subject drug Corex.”.The company has also raised the issue that they came to know about the ban only through a newspaper article, and that too before the notification was made available to them. The petition, that has also impleaded the Drugs Controller General, prayed for the Court to consider the legality of the Notification and quash the same, if found otherwise..In a gazette notification on March 10, the government had banned 344 FDCs. The government said a panel of experts that reviewed 6,700 drug combinations, had found “no therapeutic justification” for any of the drugs that it was banning..Senior Advocate Kapil Sibal and Rajiv Nayar appeared for Pfizer Ltd today. Meanwhile, the Bench also directed the Government to not take any co-ercive steps against the company. After seeking the reply of the health ministry over the issue, the case was adjourned to March 21..Following the footsteps of Pfizer, another pharmaceutical major Abbott India has also moved the Delhi High Court. This case will be taken up tomorrow before the same bench.
A Single Bench of Justice RS Endlaw today stayed the Union and Health. Ministry’s Notification that had banned manufacture, distribution and sale of 344 Fixed Dose Combination (FDC) drugs..Leading pharma manufacturer Pfizer Ltd, today moved the High Court challenging the said notification as the list of drugs banned by the Govt included the company’s widely available Corex syrup. Mumbai-based law firm Veritas Legal advised Pfizer with a team led by Partners Abhijit Joshi and Rahul Dwarkadas along with Yuvraj Choksy and Rebha Dakshini. Aggarwal & Associates also assisted Veritas on this matter..The company has stated in its plea that under the said notification, its drugs were banned with ‘immediate effect’ on frivolous and unsubstantiated grounds. The Government banned on the ground that there existed ‘safer alternatives’, without specifying any such alternatives..The petition, a copy of which is with Bar & Bench, further goes on to say,.“Prior to the issuance of the impugned notification, the Petitioner has not been issued/served any show cause notice or any notice of any nature whatsoever in calling upon the Petitioner to make any submissions/representations before the Respondents in respect of the Combination and/or the subject drug Corex….….due to the impugned notification, not only have the Petitioners been severely affected but also the consumers/patients who have been prescribed and/or likely to be prescribed the Combination and/or the subject drug Corex.”.The company has also raised the issue that they came to know about the ban only through a newspaper article, and that too before the notification was made available to them. The petition, that has also impleaded the Drugs Controller General, prayed for the Court to consider the legality of the Notification and quash the same, if found otherwise..In a gazette notification on March 10, the government had banned 344 FDCs. The government said a panel of experts that reviewed 6,700 drug combinations, had found “no therapeutic justification” for any of the drugs that it was banning..Senior Advocate Kapil Sibal and Rajiv Nayar appeared for Pfizer Ltd today. Meanwhile, the Bench also directed the Government to not take any co-ercive steps against the company. After seeking the reply of the health ministry over the issue, the case was adjourned to March 21..Following the footsteps of Pfizer, another pharmaceutical major Abbott India has also moved the Delhi High Court. This case will be taken up tomorrow before the same bench.
