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Health ministry moves Supreme Court to transfer all FDC cases pending in various High Courts to SC
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Our Bureau, Mumbai
September 21 , 2016
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The Union health ministry has moved Supreme Court, praying it to club
and transfer all the petitions pending in various High Courts in the
country filed by a large number of pharma companies and associations
against the ministry's ban on 344 fixed dose combination (FDC) drugs in
March this year.
According to sources, the ministry's move in
this regard is to avoid any kind of ambiguity on the issue that could
arise from differing verdicts that might come from different High Courts
as the case is pending in around 10 High Courts including Delhi High
Court where the case has already been heard and an order is expected any
time. It its petition, the ministry has requested the Supreme Court
that all cases against the ban order being heard in High Courts across
the country should be transferred to Supreme Court and be heard as a
single case.
Earlier on March 12, 2016, the Union health ministry
had prohibited 344 FDC drugs, taking the pharma industry by surprise.
Several major multinational companies and Indian companies were affected
by the ban of these FDC drugs including widely sold pain-killers,
anti-diabetics and respiratory therapies. Subsequently, hundreds of
petitions were filed by the drug makers in various High Courts against
the health ministry's prohibition order.
The ministry prohibited
the 344 FDC drugs for human use under section 26 A of Drugs and
Cosmetics Act (D&C Act) 1940 as the government felt that the use of
these drugs are likely to involve risk to human beings whereas safer
alternatives to the said drug are available. The government's decision
to ban these drugs was based on the recommendations of an Expert
Committee constituted by the ministry some time back.
The matter
has been examined by an Expert Committee appointed by the Central
Government and the said Expert Committee recommended to the Central
Government that the said drug is found to have no therapeutic
justification, the ministry had said.
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