Advocate Alankar Kirpekar On HC Action: 'Proper Procedure Must Be Followed'
In an interview with India Today, Advocate Alankar Kirpekar, representing Cadila Pharmaceuticals, discussed the Bombay High Court granting relief to the company against action taken
In an interview with India Today, Advocate Alankar Kirpekar, representing Cadila Pharmaceuticals, discussed the Bombay High Court granting relief to the company against action taken by Maharashtra's Food and Drug Administration (FDA). Advocate Kirpekar explained that the case related to Cadila's trademark Aciloc and its line extensions. He highlighted the High Court Division Bench's criticism of the FDA's regulatory approach, noting the court's remark, "you are first shooting and then asking the questions." Kirpekar stated that while the FDA has powers under Section 22 read with Section 18 to halt product sales for up to twenty days, extending such action beyond that period requires issuing a proper show-cause notice and providing a hearing.
He added that the court observed the regulator was "using the sword for killing a mosquito" and set aside the FDA's orders, directing a fresh process in accordance with the law. Subscribe to India Today for NEW VIDEOS EVERY DAY and make sure to enable Push Notifications so you'll never miss a new video. All you need to do is PRESS THE BELL ICON next to the Subscribe button!
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