Delhi HC upholds Centre decision to include all medical devices as drugs
Delhi High Court
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New Delhi: The Delhi High Court has upheld the Centre's decision to include all medical devices within the ambit of "drug" under the law regulating drugs and cosmetics. A bench headed by Justice Rajiv Shakdher rejected petitions by the Surgical Manufacturers and Traders Association challenging the central government's 2018 and 2020 notifications first declaring four medical devices as "drugs" under the Drugs and Cosmetics Act, and then spreading the net to cover all medical devices.
The court said the decision to include all medical devices as "drugs" was a policy matter and no case for interference was made out as there was no arbitrariness or unreasonableness.
"MHFW (Ministry of Health and Family Welfare), in its wisdom, thought it fit to bring all medical devices within the ambit of the expression 'drug '. This is clearly a policy matter," the bench, also comprising Justice Tara Vitasta Ganju, said in a recent order dated September 1.
Read also: Medical devices of all four categories will be brought under regulation by October 1: DCGI
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