Dear Readers, we are happy to share the most interesting legal and policy updates concerning health industry that we read today. we hope you enjoy reading it.
1. The FSSAI has issued an advisory urging Food Business Operators (“FBOs”) to ensure compliance with the Hon’ble Supreme Court’s decision in IMA & Anr vs Union of India & Ors to curb misleading advertisements. As per the advisory, FBOs must generate and upload a self-certificate on the Ministry of Information & Broadcasting’s Broadcast Seva portal before telecasting or publishing any advertisement. (Copy of advisory attached).
Source: bit.ly/3AFzkQy
2. The World Health Organization’s (“WHO”) Intergovernmental Negotiating Body (“INB”) Ambassador has reportedly informed that the pandemic agreement will not be adopted at the special World Health Assembly (“WHA”) next month, as countries need more time to conclude complex negotiations, including those on the proposed Pathogens Access and Benefit Sharing (“PABS”) system.
Source: bit.ly/3As8uLP
3. A response to a Right to Information (RTI) application seeking the status of Draft Drugs and Magic Remedies (Objectionable Advertisements) (Amendment) Bill, 2020 (“DMR(OA) (Amendment) Bill”) has revealed that it is still pending. The amendments were intended to enable stricter action against misleading advertisements, as well as to widen the scope of the Drugs and Magic Remedies (Objectionable Advertisements) Act by introducing 24 diseases and disorders. The DMR(OA) (Amendment) Bill has been pending with the Ministry of Health and Family Welfare, since 2020.
Source: bit.ly/3Obgtjf
4. The Delhi High Court has granted an ex-parte interim injunction restraining AquaKind Labs LLP from using the suffix “KIND” in their trade name “Aquakind” and ruling in favor of Mankind Pharma. This ruling was based on the reasoning that AquaKind Labs’ name was deceptively similar to the registered trademark “MANKIND”, potentially causing confusion in the pharmaceutical market and to the consumers.
Source: bit.ly/4hIoXMw
5. The Ministry of Environment, Forest and Climate Change has published the Water (Prevention and Control of Pollution) (Manner of Holding Inquiry and Imposition of Penalty) Rules, 2024, outlining procedures for holding inquiries and imposing penalties under section 45B of the Water (Prevention and Control of Pollution) Act (“Water Act”). The Rules will come into force upon the publication in the Official Gazette. (Copy of rules attached.)
Source: bit.ly/3UONcyC