Interim stay on stopping sale of popular drugs

Justice Rajiv Sahai Endlaw granted the interim relief to the company saying it has been selling the cough syrup for the last 25 years. The court also issued notice to the Health ministry directing it to file status report after taking instruction on what was the finding of the expert committee set up by it following which sale of over 300 drugs’ combination have been banned across India with effect from March 10. 

The court’s order came on a plea moved by Pfizer who contended that no show cause notice or hearing was granted prior to the notification. The Health Ministry, through a gazette notification, has banned over 300 fixed dose combination drugs, including cough syrups compositions, saying they involve “risk” to humans and safer alternatives were available. 

Central government Standing Counsel Kirtiman Singh supported the notification, saying there are various complaints of misuse of drugs. The counsel said he will obtain instructions and file a short affidavit. Pfizer has sought quashing of the government’s March 10 notification contending they have been in market for 25 years and Corex is a prescription drug. 

During the hearing, senior advocate Kapil Sibal, appearing for Pfizer, contended, “The said drug (Corex) is being marketed in other countries as well, so the government was wrong in restraining us.” He further submitted the notification has not stated that any inquiry was held prior to it but an expert committee was set up