German pharmaceutical major Hoechst and Tata Pharma have moved the Supreme Court seeking permission to export some of its anti-spasmodic fixed dose combinations, the production of which has been banned in the country.
The Union government recently suspended licences for the manufacture of fixed dose combination formulations of analgin, including anti-spasmodics. All licensing authorities under the Drugs and Cosmetics Act were given.
The Supreme Court appointed a commission headed by Planning Commission member J S Bajaj to study the health impact of Baralgan and such other brands. The panel came up with a damning report against the statutory drug committee, following which it was banned.
The two companies want permission to export the drugs that have already been manufactured to countries which have not banned such combination doses.
Most advanced countries have banned the doses and Germany, where Hoechst is based, was almost the first to ban them.
Hoechst says its exports have been held up. It has argued that the countries to which the drugs are being exported have not banned them.
Tata Pharma says that it was not a party to the litigation. The division bench headed by Justice J S Verma, which was hearing the public interest petition stated that the applications could be taken up only by the bench consisting of him and Justice B N Kirpal.
