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Wockhardt and Glaxo SmithKline get High Court stay on ban

Wockhardt and Glaxo SmithKline get High Court stay on ban

Drugs which were taken up on for consideration in the plea included Aceproxyvon, Viscodyne and Viscodyne-D of Wockhardt, Crocin Cold and Flu Max of Glaxo and Grilinctus syrup of Griffon.

Mail Today Bureau
  • New Delhi,
  • Updated Mar 19, 2016 12:01 PM IST
Wockhardt and Glaxo SmithKline get High Court stay on banPhoto: Reuters

The Delhi High Court (HC) stayed the ban on some fixed dose combination (FDC) drugs of Glaxo SmithKline, Wockhardt and Laboratories Griffon on Friday but said that action against their sale could be taken in absence of a valid sale and marketing licence.

Drugs which were taken up on for consideration in the plea included Aceproxyvon, Viscodyne and Viscodyne-D of Wockhardt, Crocin Cold and Flu Max of Glaxo and Grilinctus syrup of Griffon. Justice Rajiv Sahai Endlaw passed the order after the government said that the three companies had obtained licences from state licensing authorities for their FDC medicines, which the government counsel said is contrary to the Drugs and Cosmetics Act and Rules.

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The Centre's standing counsel Amit Mahajan said that the companies ought to have obtained a licence from the licensing authority, which is the Drugs Controller General of India, as defined under the Drugs and Cosmetics Rules, and not the state licensing authorities. The government lawyer also said that since these companies had obtained licence for these medicines from state authorities, they were not entitled to any interim order as was passed in favour of 22 companies in the last four days.

Senior advocate Kapil Sibal, who appeared for Griffon, argued that the government's March 10 notification banning the sale of some FDC drugs was not concerned about whether the medicine was marketed or sold without a valid licence. Even otherwise, any permission, as claimed by the government, was not required to be obtained, he contended.

Published on: Mar 19, 2016 11:44 AM IST
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