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Delhi HC seeks Govt response in PIL against Medical devices being notified as DRUGS
A bench of Chief Justice D N Patel and Justice Prateek Jalan issued notice to the Health Ministry and sought its stand on the petition by the Surgical Manufacturers and Traders Association (SMTA).
New Delhi: The Delhi High Court on Wednesday sought the response of the Centre on a plea challenging its decision to notify all devices, like blood monitoring devices and digital thermometers, intended to be used especially for human beings or animals as drugs.A bench of Chief Justice D N Patel and Justice Prateek Jalan issued notice to the Health Ministry and sought its stand on the petition...
New Delhi: The Delhi High Court on Wednesday sought the response of the Centre on a plea challenging its decision to notify all devices, like blood monitoring devices and digital thermometers, intended to be used especially for human beings or animals as drugs.
A bench of Chief Justice D N Patel and Justice Prateek Jalan issued notice to the Health Ministry and sought its stand on the petition by the Surgical Manufacturers and Traders Association (SMTA).
The plea claimed that the representations of SMTA and other stakeholders were not considered at the time of taking the decision.
The court listed the matter for hearing with a petition moved last year by SMTA challenging a notification which declared blood monitoring devices, digital thermometers, nebulizers, and glucometers as ''drugs'' under the Drugs and Cosmetics Act.
This had come through a gazette notification by the Union Health Ministry that had notified medical equipment used on humans or animals as "drugs" with effect from April 1, 2020. This mandated all medical devices to clear specific safety and quality standards before they are introduced in the India market.
Earlier, only 23 medical devices are regulated under the law. However, with the new notification, all medical devices used on humans or animals were notified as "drugs" under Section 3 of the Drugs and Cosmetics Act
Also Read: All Medical Devices To Be Classified As DRUGS, Details
As per a recent PTI report, the bench said both matters will be heard on January 29, 2021.
SMTA, represented by advocate Adit S Pujari, has contended that the notification is unreasonable, arbitrary, and would cause "undue hardship to stakeholders on the supply and demand side".
In its earlier plea, the association has said that notifying the devices as drugs will result in a substantial hike in their prices which would make them unaffordable for a large segment of society.
Ruchika Sharma joined Medical Dialogue as an Desk Editor for the Business Section in 2019. She covers all the updates in the Pharmaceutical field, Policy, Insurance, Business Healthcare, Medical News, Health News, Pharma News, Healthcare and Investment. She has completed her B.Com from Delhi University and then pursued postgraduation in M.Com. She can be contacted at editorial@medicaldialogues.in Contact no. 011-43720751