TOP 5 HEALTH LAWS AND POLICY UPDATES

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. India’s Central Pollution Control Board (CPCB) has extended the timelines for the filing of Extended Producer Responsibility (EPR) annul returns by producers of Battery waste and E-waste for the Financial Year (FY) 2023-2024 till 31st March 2025 and 31st January 2025 respectively. For E-waste the extension of timelines also applies to the filing of quarterly returns for the abovementioned FY.
Source: bit.ly/3WthHei
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2. India’s National Pharmaceutical Pricing Authority (NPPA) has issued an office memorandum (OM) requesting manufacturers and marketing companies of the scheduled formulations nicotine used for nicotine replacement therapy (NRT) to furnish the Price to Retailer (PTR) and Moving Annual Turnover (MAT) data, in value terms for October 2023, within 7 days from the issue of the OM. A format for submitting these details is also provided in the OM. This information is being sought to fix the ceiling prices of these formulations.
Source: bit.ly/4gnoEFb

3. India’s Central Drugs Standard Control Organization (CDSCO) has released a guidance document to support the development of rapid diagnostics for pathogen identification and Antimicrobial Susceptibility Testing (AST). The document offers guidance to innovators and developers on evaluating their tests and demonstrating their effectiveness.
Source: bit.ly/4heX8ue

4. The Kerala High Court (KHC) recently ruled that magic mushrooms are not classified as narcotic substances under the Narcotic Drugs and Psychotropic Substances (NDPS) Act, 1985. After reviewing the legal status of psychedelic fungi, the honourable court concluded that since magic mushrooms are not specifically scheduled under Act, they are not subject to its restrictions.
Source: bit.ly/3CiZv0k

5. India’s Central Pollution Control Board (CPCB) has released draft guidelines for the Pharmaceutical Industry in India, which are currently classified as highly polluting. The guidelines outline criteria for the establishment of pharmaceutical units, including mandatory minimum distances from sensitive areas. Stakeholders and the public are invited to submit their comments and suggestions on the draft guidelines by February 5, 2025.
Source: bit.ly/4h1GC0Y

TOP 5 HEALTH LAWS AND POLICY UPDATES

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. India’s Rajasthan High Court (RHC) recently ruled that “a laboratory report can be countersigned only by a registered medical practitioner with a post-graduate qualification in pathology.” The court made this observation while hearing a petition that sought to restrict non-MBBS practitioners from signing medical laboratory reports.
Source: bit.ly/3WnKfWx

2. India’s Central Drugs Standard Control Organization (CDSCO) recently issued a letter to the Principal Commissioner of Customs, stating that the import of pre-owned, refurbished, or second-hand medical devices into the country is prohibited. CDSCO clarified that, as of now, there are no specific provisions in place for the regulation of such devices, and therefore, customs authorities have been directed to halt the importation of these items.
Source: bit.ly/3Ce6F5S

3. The Government of India has revised the Government of India (Allocation of Business) Rules, 1961, to designate the Department of Health Research (DHR) under the Ministry of Health and Family Welfare (MoHFW) as the authority responsible for Health Technology Assessment (HTA) matters. This change underscores DHR’s role, which already oversees Health Technology Assessment India (HTAIn), in evaluating the appropriateness and cost-effectiveness of both existing and new health technologies in the country as part of its “Research Governance” mandate.
Source: bit.ly/40hgGax

4. The Pharmacy Council of India (PCI) has updated the number of blocked pharmacists on its DIGI-PHARMed portal, increasing the list from 45,355 to 91,586. Affected pharmacists are required to re-register for re-verification. This action addresses issues with duplicate, invalid, or incorrect profiles on the platform, which supports pharmacy education by providing centralized services nationwide.
Source: bit.ly/42cCXc5

5. The World Health Organization has released a draft document to guide the adoption of continuous manufacturing (CM). This document covers finished products, as well as excipients and active pharmaceutical ingredients (APIs) produced through a CM process. The WHO is inviting feedback from stakeholders via its online platform, with comments due by 7 March 2025.
Source: bit.ly/42dNWSD

TOP 5 HEALTH LAWS AND POLICY UPDATES

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. India’s Ministry of AYUSH has notified an amendment to the Drugs Rules, 1945, inserting Schedule TB, which specifies the standards for the delivery mechanism, preservatives, and excipients that must be complied with in order to obtain a license for the manufacture of Ayurveda, Siddha, Unani, or other traditional medicines that use a nasal spray as a delivery mechanism.
Source: bit.ly/4j9pCHs

2. India’s Directorate General of Foreign Trade (DGFT) has notified the revised Schedule II (Export Policy) whereby, the terms of export have been updated in conformity with the Finance Act, 2024.
Source: bit.ly/4jss5x0

3. India’s indirect tax regulator has issued a circular clarifying the conditions for eligibility for the interest waiver scheme introduced by the GST Council late last year. In addition to submitting applications and filing Forms GST SPL-01 and GST SPL-02, applicants are also required to withdraw any appeal application filed against demand orders, notices, or statements for which the interest waiver is being sought.
Source: bit.ly/40ohfzs

4. India’s Parliamentary Standing Committee on Chemicals and Fertilizers, in its most recent report, has expressed concern that the low number of IVD manufacturers selected under the PLI incentive scheme may not be sufficient to meet the country’s domestic requirements
Source: bit.ly/42a7zuM

5. The United States Federal Trade Commission (US FTC) has alleged that several of the country’s largest insurance companies entered into vertical arrangements with benefit managers to mark up the prices of common and essential prescription medicines, totalling USD 7.3 billion between 2017 and 2022.
Source: bit.ly/4fXStMi

TOP 5 HEALTH LAWS AND POLICY UPDATES

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 Jharkhand High Court has quashed criminal proceedings against an MBBS doctor charged under Section 304A of the Indian Penal Code for causing death by negligence, following a patient’s death after gallbladder surgery at his clinic. The allegations included medical negligence and violations under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act. The court found no evidence of malicious intent or negligence on the doctor’s part, leading to the dismissal of the charges.
Source: bit.ly/4jiLOzc

2. India’s Central Pollution Control Board (CPCB) has released guidelines for the transportation and storage of used oil under the Extended Producer Responsibility (EPR) framework, effective from April 1, 2024. These guidelines outline the roles and responsibilities of collection agents, who are tasked with safely collecting, storing, and transporting used oil while adhering to environmental regulations. The framework aims to ensure proper management of hazardous waste and facilitate a more sustainable approach to oil recycling.
Source: bit.ly/3DTNDSR

3. India’s Central Pollution Control Board (CPCB) has released a methodology for conducting a gap analysis on biomedical waste management, aimed at improving compliance with existing regulations. This initiative is part of the CPCB’s ongoing efforts to ensure better environmental and public health outcomes related to the disposal of hazardous waste.
Source: bit.ly/4fYFBFq
Source: bit.ly/3PyGXfq

4. The U.S. Food and Drug Administration has released updated guidance regarding the notification process for manufacturers concerning permanent discontinuances or interruptions in the manufacturing of medical devices, as mandated by Section 506J of the FD&C Act. This guidance aims to prevent or mitigate shortages of critical medical devices during public health emergencies by requiring timely notifications from manufacturers about potential supply disruptions. The document also includes a list of devices that fall under this requirement and outlines the necessary information that must be provided.
Source: bit.ly/4hh2XqP

5. The U.S. Food and Drug Administration has released draft guidance proposing major changes to the accelerated approval pathway for drugs. These changes aim to strengthen the evidence and procedures required for quickly approving new medications, ensuring they deliver real clinical benefits while maintaining safety and effectiveness. The updates reflect the FDA’s commitment to improving the approval process for important therapies and addressing concerns about how these drugs perform once they reach the market.
Source: bit.ly/4hf9N09

TOP 5 HEALTH LAWS AND POLICY UPDATES

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. India’s Central Drug Standard Control Organization (CDSCO) has issued an updated draft list for the risk-based classification of medical devices. The new entries in the list include categories such as interventional radiology, radiotherapy, oncology, and Class A (non-sterile and non-measuring) devices. Stakeholders are required to submit their feedback within 30 days of the draft’s publication.
Source: bit.ly/422UCmg

2. India’s Ministry of Health and Family Welfare has issued a draft notification proposing an extension for small and medium manufacturers with an annual turnover of ₹250 crores or less to comply with the revised Schedule M of the Drugs Rules, 1945. Manufacturers eligible for this extension must submit an upgradation plan in Form A to the central licensing authority within three months. The proposed deadline for compliance is December 31, 2025. The Ministry has also invited objections and suggestions from stakeholders, which must be submitted within seven days of the notification’s publication.
Source: bit.ly/40mUugc

3. The U.S. Food and Drug Administration (FDA) has released draft guidance on using artificial intelligence (AI) to support regulatory decisions regarding the safety, effectiveness, or quality of drugs and biological products. This guidance proposes a framework to enhance the credibility of AI models in product submissions. The FDA invites public comments on the draft within 90 days.
Source: bit.ly/4fKHeXf

4. India’s new draft Digital Personal Data Protection Rules 2025 require companies transferring personal data of Indian users across international borders to comply with data localization norms. These provisions, which impose additional government restrictions on specific data transfers, are reportedly expected to complicate business operations.
Source: bit.ly/41ZXocd

5. The U.S. District Court recently dismissed negligence and strict liability claims against a non-profit that received an NIH grant and sub-granted part of it to a Wuhan lab allegedly linked to COVID-19. The court found no liability for contributing funding for research activities or basis for strict liability, emphasizing the weak causal connection and the risks of imposing unlimited liability on research funders.”
Source: bit.ly/4gJaS0v

TOP 5 HEALTH LAWS AND POLICY UPDATES

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 Indian government has extended the deadline for small and medium pharmaceutical companies to comply with the revised Good Manufacturing Practices (GMP) under Schedule M of the Drugs and Cosmetics Act. The revised deadline is December 31, 2025, while the earlier deadline was January 1, 2025. This extension aims to assist smaller manufacturers in upgrading their facilities to meet stringent regulatory requirements.
Source: bit.ly/4a4HaAo

2. The Central Drugs Standard Control Organisation (CDSCO) and the Indian Council of Medical Research (ICMR) have released draft standard evaluation protocols for licensing in-vitro diagnostics (IVDs) under the Medical Devices Rules, 2017. These protocols aim to ensure quality and performance evaluation of IVDs, establishing uniformity in testing across various diagnostic kits. Stakeholders are invited to provide their feedback on the draft by February 15, 2025.
Source: bit.ly/40kTlWt

3. The Ministry of Electronics and Information Technology (MeitY) has released the draft Digital Personal Data Protection Rules, 2025, inviting public feedback until February 18, 2025. These rules aim to operationalize the Digital Personal Data Protection Act, 2023, which was enacted to enhance the framework for protecting digital personal data in India. The draft includes provisions for data localization, compliance requirements for significant data fiduciaries, timelines for storing data and ensuring that personal data is processed responsibly.
Source: bit.ly/3C63oFx

4. The Ministry of Commerce and Industry has launched the Open Network for Digital Commerce (ONDC) initiative to democratize digital commerce in India by fostering open networks for the exchange of goods and services. This initiative focuses on inclusivity, enabling small and medium enterprises (MSMEs) to access digital marketplaces while promoting innovation through open protocols. By creating a level playing field, ONDC seeks to reduce the dominance of large e-commerce platforms and enhance competition among sellers.
Source: bit.ly/4gHo1al

5. The Telangana Medical Council has issued a show-cause notice to a Hyderabad-based hospital for allegedly collaborating with unqualified practitioners and promoting fake doctors. This action follows the hospital’s involvement in sponsoring the medical program and advertising the same on social media, where unqualified individuals were reportedly encouraged. The hospital has been given a 10-day deadline to respond; failure to do so may result in punitive actions under the National Medical Commission (NMC) Act and other regulations.
Source: bit.ly/3BWAQhM

TOP 5 HEALTH LAWS AND POLICY UPDATES

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. India’s Parliamentary Committee on Consumer Affairs, Food and Public Distribution, has noted in a recent report, that the National Test House (NTH) of the Consumer Protection Department does not currently have the expertise or offer the services for regulation certification of Radiation Emitting Medical Devices (including MRI machines and X-Ray machines etc.).
Source: bit.ly/4iKKIfi

2. The National Human Rights Commission of India, having taken Suo-Moto cognizance of a recent report concerning the negligent transfusion of blood to a patient in Rajasthan, has issued Notices to the Chief Secretary of the State of Rajasthan to conduct a thorough investigation into the circumstances of negligent blood transfusion.
Source: bit.ly/3ZCj4Z0

3. The Indian Minister of State for Health has clarified that the Central Drug Regulator, currently does not have any intention or proposal to ban Rantidine in the country, and that State Drug Controllers have been instructed to test for the levels of possible carcinogen N-nitrosodimethylamine in the wake of a warning issued by the United States Food and Drug Administration and European Medicines Agency.
Source: bit.ly/3P2aKgf
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4. India’s Central Drugs Regulator, in supersession of an earlier Amendment in 2022, has issued an amendment to the Medical Devices Rules, specifying laboratories, and the Medical Devices that the laboratories are designated to test.
Source: bit.ly/3PnjiyF

5. The European Medicines Agency is set to implement to the proposed Electronic Product Information program to adapt pharmaceutical label information for easier representation on e-commerce platforms after conducting a successful pilot program.
Source: bit.ly/3DyWkS8

TOP 5 HEALTH LAWS AND POLICY UPDATES

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. India’s Bombay High Court refused to quash criminal proceedings against Hindustan Coca-Cola over allegations of selling adulterated ‘Canada Dry’ in 2001. The company argued that delays in prosecution deprived it of the right to re-test the samples, but the Court held that the company failed to exercise this option in time. The Court also declined to extend an interim stay, allowing the case to proceed after being stalled for 14 years.
Source: bit.ly/3DeG8FP

2. India’s Delhi Food Authorities are set to inspect health supplement manufacturing units after a fake protein supplement factory was uncovered for producing adulterated protein powder without the required FSSAI licensing. This action was prompted by a complaint from a consumer who suffered severe health issues after using the product. Samples of various powders and supplements have been seized for testing.
Source: bit.ly/3OS7Dav

3. India’s Union Health Ministry has amended the Medical Devices Rules, 2017, to designate three Central Drugs Testing Laboratories (CDTL) in Chennai, Kolkata, and Mumbai for testing surgical and medical examination gloves. In addition, 27 government analysts across six labs have been assigned to test various medical devices, including gloves, bandages, and syringes. This initiative is part of broader efforts to strengthen regulatory oversight and streamline testing processes to improve medical device monitoring and compliance in India.
Source: bit.ly/3OTpU7r

4. The Directorate General of Trade Remedies (DGTR) has extended the deadline for filing responses in the anti-dumping investigation on calcium carbonate filler masterbatch imports from Vietnam to January 3, 2025, following stakeholder requests. The investigation, initiated in September 2024, aims to assess whether these imports are harming India’s domestic industry through price undercutting and rising volumes. Preliminary findings suggest significant dumping margins, with potential anti-dumping duties under consideration to protect local manufacturers.
Source: bit.ly/4fjBy6p

5. The Kenyan Pharmacy and Poisons Board has flagged the unregistered and substandard cancer drug Floracil 1000 (Fluorouracil 1000mg/2ml) and warned against its sale or use. Manufactured by an Indian company, the drug has been censured following routine surveillance. The Board also issued a quarantine order for Mefnac Oral Suspension due to suspected contamination with harmful chemicals. Legal action will be taken against those violating the directives, and the public is urged to report substandard drugs.
Source: bit.ly/3VExLtn

TOP 5 HEALTH LAWS AND POLICY UPDATES

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. India’s Central Food regulator, the Food Safety and Standards Authority of India (FSSAI) has issued a advisory to e-commerce Food Business Operators (FBOs) to ensure that: (1) Last-mile delivery systems are made more robust, and persons handling last-mile delivery are given suitable training to handle the food items, and (2) The e-commerce FBOs are compliant with the labelling requirements as specified in relevant regulations, keeping the listings on the website consistent with content of actual food label.
Source: bit.ly/4f0zEaA

2. India’s Ministry of Finance has published an Office Memorandum seeking public comment up to the 10th of December, on certain amendments to the prevailing insurance regulations in the country. These proposed amendments include among other things, permitting a 100% Foreign Direct Investment in the insurance sector through the automatic-route, and permitting insurers to undertake offer of more than one class of insurance.
Source: bit.ly/4ifYwxT

3. India’s Central Ministry of Consumer Affairs is reportedly developing an online portal to handle the licensing, verification and stamping of weighing and measurement instruments as well as to provide a source of information on verified trade instruments for consumers.
Source: bit.ly/41km5Q6

4. The High Court of the States of Punjab and Haryana held that outside of introduction of evidence to the effect, the mere failure of a medical surgery/ procedure would itself not be sufficient to establish medical negligence claims, especially if the patient had been appropriately sensitized of the risks involved.
Source: bit.ly/49nlkrJ

5. In its finalized version of the regulations regarding Pre-determined Change Control Plans, the US Food and Drug Administration has plainly classified Artificial Intelligence (AI) as a sub-set of Machine Learning softwares when it comes to regulation of Medical Devices, and further makes it mandatory that in making submissions the version of the device software need to be submitted with the FDA to ensure version control.
Source: bit.ly/4imQQu2

TOP 5 HEALTH LAWS AND POLICY UPDATES

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. India’s apex food regulator, Food Safety Standard Authority of India (FSSAI), has launched an online portal “Food Import Rejection Alert (FIRA)” for alerts on food import rejections and to ensure traceability and transparency. Also, food consignments from Sri Lanka, Bangladesh, Japan, China & Turkey has been rejected as they fell short of the standards.
Source: bit.ly/49aLJIT

2. Delay in clearance of import consignments of essential components has reportedly resulted in the disruptions in the manufacture of medical devices in India.
Source: bit.ly/3OpyhHx

3. India’s National Standards Body, Bureau of Indian Standards (BIS) to reportedly prioritize development of standards for 214 critical medical devices post consultation with the Department of Pharmaceuticals (DoP). Standards set to be completed by December 2025.
Source: bit.ly/3B2ZtZJ

4. India’s Meghalaya High Court has called for ban on manufacture, marketing and use of plastic of less than 120 microns.
Source: bit.ly/3Z4VT9C

5. The US Food and Drug Administration (FDA) has announced a temporary enforcement policy to enable certain sterilization site changes for Class III medical devices that are sterilized using ethylene oxide (EtO). Affected medical device manufacturers requesting enforcement discretion must submit an “informal notification” along with certain information to FDA.
Source: bit.ly/3OpairY
Source: bit.ly/3Zpx6OT