BackReckitt should be given due hearing on condom order: Delhi HC
Reckitt Benckiser had challenged the DCGI orders directing it to surrender manufacturing licence for condoms containing benzocaine
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New Delhi: The Delhi high court on Monday asked Reckitt Benckiser Ltd to file a representation before the Drug Controller General of India (DCGI) within two weeks related to an order that asked the company to surrender its manufacturing license for benzocaine-based condoms, sold under the Kohinoor and Durex brands.
“Reckitt Benckiser should have been given a prior hearing to the passing of the surrender order," said Justice Manmohan while passing an order for the case to be heard afresh by the regulator.
The company has not surrendered its manufacturing licence and its benzocaine-based products continue to be sold in retail outlets in the country.
The high court further ordered that in the meantime the company should maintain accounts regarding the manufacture and sale of benzocaine-based condoms.
Reckitt Benckiser had challenged the orders passed by the drug controller on 12 January and 19 February directing the company to surrender its manufacturing licence for condoms containing benzocaine and apply for a new licence to sell the products.
Senior advocate Nidhesh Gupta, appearing for Benckiser, told the court that no show cause notice had been issued to the company before the order was passed.
He told the court that the benzocaine-based products were being sold since 2001 and 300 million boxes had been sold since then due to which they could not be categorised as new drugs.
Gupta further said that the Centre had granted the company an import license in 2015 and had not treated the benozcaine-based condoms as a new drug due to which the question of them being a new drug could not arise at this stage.
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