BackFixed dose combination ban is in public interest: centre tells Delhi high court
Government says it's not obligated to consult Drugs Technical Advisory Board or such bodies
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New Delhi: The government move to ban fixed dose combination (FDC) drugs was a legislative action taken in public interest, the centre on Thursday told the Delhi high court, which has stayed the ban on a plea by pharmaceutical companies.
Additional solicitor general (ASG) Sanjay Jain also told the court that the government need not necessarily consult the Drugs Technical Advisory Board (DTAB) or any other such committee to decide imposition of a ban.
DTAB is statutory body that advises the government on matters of Drugs and Cosmetic Act.
“The centre is free to consult the DTAB, a sub-committee or any other expert body if it so wishes but is not obligated under the law to do so," Jain told the court.
The centre was responding to claims made by pharmaceutical companies, which told the court that such a decision could not be taken without consultation with the Drug Technical Advisory Board (DTAB) and Drugs Consultative Committee (DCC).
Jain also said that Section 26(A) of the Drugs and Cosmetics Act, 1940, allowed the centre to regulate, restrict or prohibit the sale of any drug if it was satisfied that it posed a risk to health or that it had no therapeutic justification.
Several pharmaceutical companies such as Pfizer Ltd, Glenmark Pharmaceuticals Ltd, Cipla Ltd, Workhardt Ltd and Dr. Reddy’s Laboratories Ltd moved the court challenging the ban and won an interim stay.
The court will continue to hear the matter on 4 April.
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