Confusion prevails amongst retailers over sale of banned FDCs as Delhi HC granted stay to several cos

Peethaambaran Kunnathoor, Chennai

Wednesday, April 13, 2016, 08:00 Hrs  [IST]

Even as the pharma traders all over the country are in a state of confusion over the sale of banned FDCs with the obtaining of stay by the Delhi High Court on petitions filed by a number of companies and by the Indian Drugs Manufacturers Association (IDMA), some leading distributors are of the view that they are free to sell the banned products till a final decision comes from the court.

"Now the case is going on in different courts, and a final judgement is yet to come. We have got a stay order against the ban order from the Delhi High Court. Thereby, we have saved our members. However, we have not insisted our members to sell the banned products,” said a senior level office-bearer of the Indian Drugs Manufacturers Association.

When asked whether the manufacturing companies have started the process of taking back the products from the traders, he said there was no need of taking back them at present as the case is in the court. “The drugs control officials can not take any action against the manufacturers now. We have protected our members from any legal action by approaching the court,” he added.

A leading distributor and managing director of the wholesale company, Suresh Pharma Pvt Ltd in Chennai, Suresh Ranka said, “There is a stay from Delhi High Court against the ban of many companies' products and also on the petition filed by IDMA. Communications from different companies suggest that we can sell the products as the notification has been stayed.”

Delhi High Court had on March 17 stayed the operation of the DCGI ban on FDC drugs of about 30 pharma companies after initially giving interim relief on March 14 to Pfizer's cough syrup, Corex. Pharma majors like Cipla, Abbot, Mcleods, Procter & Gamble, Lupin, Reckitt Benckiser, Piramal, Alembic Pharma and Glenmark are among the companies who have obtained stay for their products.

Suresh Ranka argues that since the court has stayed the ban order of FDCs issued on March 10 by the DCGI, the traders are free to sell the products till the court pronounces a decision at the end of the case. He says that media is creating confusion over the matter and there is no need of any kind of confusion.

He further said the statement by the president of Tamil Nadu Chemists and Druggists Association (TNCDA) that drugs worth Rs. 40 crores (banned FDCs) have been returned to the manufacturers is wrong as no company has asked for return of goods so far.