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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 Department of Consumer Affairs has uploaded the list of revised retail sale prices declared by companies in response to the recent GST rate changes. This update reflects company’s adjustments to the new tax rates, impacting pricing across various product categories, including drugs and medical devices.
Source: https://short-url.org/1cK-p

2. Investigations into the cough syrup incident have reportedly revealed that the manufacturer allegedly paid a 10% commission to the doctor for prescribing the syrup. Authorities are continuing their probe, focusing on both the manufacturer and the doctor’s involvement in the case.
Source : https://short-url.org/1cK-H

3. The National Medical Commission is reportedly planning to prohibit pharma and medical device promotions during live surgery broadcasts, citing misuse for marketing over education. Live surgeries will be allowed only for new procedures, with recordings preferred for others, to prevent ethical breaches and ensure patient safety in medical demonstrations
Source: https://short-url.org/1cK-P

4. The Delhi High Court has permitted the launch of an affordable generic version of a drug used to treat spinal muscular atrophy, upholding that a credible challenge was raised to the patent and emphasising that affordable access to life-saving treatment outweighs the need for injunctive relief in public interest.
Source : https://short-url.org/1cL07

5. The US Food and Drug Administration (FDA) reviewed a direct-to-consumer TV advertisement by a major drug manufacturer and found it false and misleading. According to the FDA, the ad’s rapid visuals, background music, and frequent scene changes distracted viewers, hindering understanding of important risk information and creating a misleading perception of the drug’s effectiveness among consumers.
Source : https://short-url.org/1cL04

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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 Trade and Economic Partnership Agreement (TEPA) with the European Free Trade Association (EFTA), effective October 1, 2025, reportedly excludes medical devices and pharmaceuticals from duty concessions, keeping them protected to safeguard domestic industries. While 92.2% of EFTA and 82.7% of India’s tariff lines are liberalised, sensitive healthcare products will face phased tariff reductions over 5–10 years.
Source: https://short-url.org/1hoSo

2. Central drug regulator (CDSCO) is reportedly set to conduct nationwide inspections and audits of cough syrup manufacturing units after child deaths in Madhya Pradesh were linked to toxic syrups. States and union territories have been directed to submit lists of manufacturers for surveillance, aiming to strengthen quality control and prevent contamination-related tragedies.
Source: https://short-url.org/1cGQR

3. Department of Pharmaceuticals has launched sensitisation programmes to guide pharmaceutical and medical technology companies on the amended Promotion of Research and Innovation in Pharma-MedTech Sector scheme. The sessions will help companies to understand the revised guidelines, and digital application process to ensure smooth participation.
Source: https://short-url.org/1cGR3

4. India’s Central food authority has issued a draft amendment to Packaging regulations 2018 to restrict the use of Poly- and perfluoroalkyl substances (PFAs) in food contact materials. It also states that food materials made with polycarbonate and epoxy resins must be free from Bisphenol A (BPA) and its derivatives. Objections / suggestions are awaited from the industry stakeholders for a period of 60 days from the date of publication.
Source: https://short-url.org/1hoTb

5. State drug inspectors are reportedly seeking enforceable powers to arrest and detain offenders, aiming to curb the growing menace of spurious drugs. The demand follows the recent incident involving contaminated cough syrup sold to paediatric patients, which resulted in multiple child deaths.
Source: https://short-url.org/1hoTt

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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 Department of Pharmaceuticals has issued revising guidelines under the Promotion of Research & Innovation in Pharma-MedTech (PRIP) Scheme that enhances support for MSMEs and startups, introduces milestone-based funding, and raises grant ceilings for early and later stage projects, with higher support for strategic innovation areas. Applications can be submitted through the online portal.
Source: short-url.org/1bYPF

2. The Department of Pharmaceuticals has amended its 2023 Pharma-MedTech R&D scheme, earmarking ₹5,000 crore till 2030. Key updates include funding up to ₹100 crore per project, Centres of Excellence at NIPERs, industry-academia collaboration, and priority focus on new drugs, complex generics, biosimilars, and novel medical devices
Source: short-url.org/1gEoB

3. The Reserve Bank of India has announced that banks can now finance acquisitions, with increase in loan limits against listed shares and IPO financing. These steps are expected to boost liquidity, enable smoother strategic deals, and provide corporates greater flexibility in accessing capital.
Source: short-url.org/1bYPm

4. India’s Consumer Affairs Ministry is reportedly scrutinising e-commerce platforms for cash-on-delivery charges and delayed or denied prepaid refunds, practices that may constitute unfair trade or service deficiency. The probe could mandate COD surcharge waivers, stricter refund timelines, and penalties, as withheld payments let platforms earn interest, leaving customers feeling cheated.
Source: short-url.org/1bYPW

5. Private hospitals in Telangana are allegedly paying unqualified Rural Medical Practitioners and Paramedical Practitioners commission amounting to up to 40% of the hospitalisation charges for patient referrals.
Source: short-url.org/1gEoZ

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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 Delhi High Court has recently ruled that businesses cannot justify failure to reduce prices after a GST rate cut by claiming to have increased the product quantity, especially when such changes are made without informing consumers. Continued non-compliance may lead to GST registration cancellation under anti-profiteering provisions.
Source: short-url.org/1gqnP

2. Central Drugs Standard Control Organization (CDSCO) has clarified that combi-packs of lyophilized injections with standard diluents (e.g., sterile water or saline) used for over four years will not be treated as new drugs, allowing State Licensing Authorities approval. Combi-packs with different diluents will still require CDSCO approval as new drugs.
Source: short-url.org/1gqnS

3. The Ministry of Labour and Employment has released draft Factories Workers Rules under the OSHW Code, 2020, inviting comments until 6th November 2025. The rules mandate safety, health, and welfare measures, including sanitation, ventilation, separate facilities, first-aid, nutrition, and emergency preparedness, with obligations varying by workforce size.
Source: short-url.org/1gqo1

4. Over the next five years, drugs worth $236 billion globally are slated to lose patent protection, paving the way for generic drugs and biosimilars. This “patent cliff” allows Indian pharma to capture market share, grow revenues, and lower drug costs for patients globally.
Source: short-url.org/1gqo6

5. Over the past five years, National Medical Commission (NMC) Ethics & Medical Registration Board has dismissed 162 appeals filed by patients/families alleging medical negligence. India’s Central Health Ministry has now reportedly begun a review of this, planning to consult with NMC to understand and address potential procedural bias.
Source: short-url.org/1bLfY

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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 Department of Pharmaceuticals is planning to impose a Minimum Import Price (MIP) on certain active pharmaceutical ingredients and intermediates including potassium clavulanate to deter cheap imports (especially from China) and strengthen domestic raw material production under the PLI scheme.
Source: short-url.org/1fZwh

2. The Delhi High Court has allowed the company to use of the phrase “why settle for ordinary Chyawanprash” in advertisements, but directed removal of the reference “made with 40 herbs”, deeming it disparaging. The court said the remaining claim is permissible as puffery and not misleading.
Source: short-url.org/1fZwo

3. The Bombay High Court has quashed the drug regulator’s stop-production orders against two pharmaceutical companies. The court found the actions violated statutory procedures and denied the companies a fair hearing. However, it clarified that regulators may take fresh action if proper procedures are followed.
Source: short-url.org/1fZwB

4. Telecom Regulatory Authority of India has issued the draft Telecommunication (Broadcasting and Cable) Services Interconnection (Addressable Systems) (Seventh Amendment) Regulations, 2025, seeking stakeholder inputs by 6 October 2025. The draft mandates annual financial year audits, stricter infrastructure sharing rules, and aims for enforcement from 1 April 2026.
Source: short-url.org/1fZwO

5. The Directorate General of Trade Remedies has rescheduled the oral hearing in the anti dumping sunset review of methyl acetoacetate imports from China to October 8, 2025. The review will decide if duties must continue to prevent dumping and protect domestic industry.
Source: short-url.org/1fZwV

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Frequently Asked Questions (FAQ’s) on regulatory compliances associated with GST rate reduction of medicines in India

On September 03, 2025, The Goods & Services Tax Council has announced the reduction in Goods and Services Tax (GST) rates for medicines. The reduced GST rates will come into effect on September 22, 2025. In this article, we have answered frequently asked questions (FAQs) about compliance associated with the reduction in GST rates for medicines (other than ayurveda and homeopathy medicines).

[If you are short on time, please read response to Q.3 and 4]

GST reduction and its impact on existing stock

1. Will the reduced GST rates apply to stock of medicines already present in the market, and if so, will the MRP of such medicines have to be reduced?

Yes. The reduced GST rates will apply to all the stock of medicines already present in the market on or after September 22, 2025, irrespective of the fact that it was manufactured, imported or packed prior to September 22, 2025.

The MRP of the medicines available in the market on or after September 22, 2025 will have to be reduced to reflect the reduction in GST rates, and the reduced MRP along with the revised GST rates applicable to medicines will have to be communicated by the manufacturers and importers of medicines to all wholesale and retail dealers. However, the MRP declared on the package of medicines need not be re-labelled or re-stickered. We have discussed this aspect in our response to Q. 5-9 below.

2. Is it possible to retain same MRP on medicines present in the market after reducing GST?

No. While it is generally permissible to increase MRP of medicines by up to 10% in India if they are not essential medicines (i.e. if they are not scheduled formulations under DPCO), doing so for stock of medicines which were manufactured or imported prior to September 22, 2025 may tantamount to denying trade and customers the benefit of reduction of GST, which is not permissible under India’s GST laws and is generally regarded as unlawful ‘profiteering’.
 
Compliances to be undertaken on account of reduction in GST rate

3. Which mandatory compliances should a manufacturer or importer of medicines undertake before September 22, 2025 to ensure compliance with applicable laws?

Manufacturers and importers of medicines should circulate a revised price list of medicines manufactured or imported or marketed by the company in Form V of DPCO to wholesale and retail dealers, State Drug Controllers, National Pharmaceutical Pricing Authority (NPPA) and Department of Pharmaceuticals (DoP), indicating revised GST rates and the revised MRP effective from September 22, 2025. The revised price list may be circulated through any suitable communication channel, including WhatsApp and email.

4. Which mandatory compliances should be undertaken by a manufacturer or importer of medicines on or after September 22, 2025 to ensure compliance with applicable laws?

Manufacturers and importers of medicines should undertake the following steps as soon as possible on or after September 22, 2025, in addition to declaring reduced MRP on package:

  • Submit the revised price list in Form V of DPCO on the IPDMS portal of NPPA, on or before October 6, 2025.
  • File Form II of DPCO to report a decrease in MRP on IPDMS Portal of NPPA, on or before October 6, 2025, applicable only if the medicine is part of list of scheduled formulations under DPCO.

    • Re-labelling of existing stock of medicines with revised MRP

5. Is it mandatory to declare reduced MRP on the label of medicines available with wholesale and retail dealers, which have been manufactured in India or imported into India before September 22, 2025?

No. It is not mandatory to declare reduced MRP on the label of medicines available with wholesale and retail dealers which are manufactured in India or imported into India before September 22, 2025.

However, all such medicines manufactured in India or imported into India on or after September 22, 2025 must declare reduced MRP on their label.

6. Is it mandatory to declare reduced MRP on the label of medicines stored at manufacturer’s or importer’s warehouse, which have been manufactured in India or imported into India before September 22, 2025?

No. It is not mandatory to declare reduced MRP on the label of medicines stored at manufacturer’s or importer’s warehouse, which have been manufactured in India or imported into India before September 22, 2025 provided the compliance described in response to Q. 3 have been taken.

However, if a manufacturer or importer of medicines wishes to voluntarily declare reduced MRP on the label of medicines, then the compliances described in response to Q. 7, 8 and 9 should be followed.

It is recommended that the unsold stock of medicines stored at manufacturers or importer’s warehouse should be re-labelled with reduced MRP before sale to trade, in order to reduce risk of allegation of overcharging or profiteering due to failure of retailer to sell at reduced MRP despite being notified by the manufacturer or importer about the reduction of MRP.

7. Is any permission required to re-label medicines with reduced MRP on account of reduction of GST?

Yes. While there is a prevailing understanding that all State Licensing Authorities (SLAs) in India have temporarily relaxed the requirement to obtain a manufacturing license or NOC by the manufacturers or importers for declaring reduced MRPs on medicines manufactured or imported by them before September 22, 2025, it may be pragmatic to confirm this understanding locally with the SLA of the State in which re-labelling is sought to be carried out before doing the re-labelling.

For example, in Delhi, it is mandatory for manufacturers and importers to obtain a No Objection Certificate (NOC) from the Delhi Drug Control Department prior to declaring reduced MRP on the label of medicines on account of revision of GST and no time-limit has been specified before which such re-labeling may be carried out on the label of medicines.

Please note that the re-labelling to reflect reduced MRP on account of reduction in GST is subject to conditions which are discussed in response to Q. 8 and Q.9 below.

8. If a manufacturer or importer wishes to declare revised MRP on medicines which were manufactured in India or imported into India before September 22, 2025 and whose stock is available with wholesale and retail dealers or is present in manufacturer’s or importer’s warehouse, what are the legal compliances that such manufacturer or importer should be aware of?

Assuming the manufacturer or importer has complied with the mandatory requirements outlined in response to Q. 3 and 7 above, it may lawfully declare revised MRP by re-labeling medicines which have been manufactured in India or imported into India before September 22, 2025, after fulfilling the below-mentioned conditions:

  • The original MRP must remain visible, and the revised MRP must not be overwritten on it.
  • Other declarations on the label should not be affected.
  • The stocks should be re-called in a phased manner to avoid any shortage of the medicines in the market.

9. What are the permitted ways of declaring reduced MRP on the pack of medicines on account of reduction in GST?

Assuming the manufacturer or importer has complied with the mandatory requirements outlined in response to Q. 3, 7 and 8, the manufacturers and importers of medicines may declare reduced MRP on pack of medicines by stamping or affixing stickers or by printing.
Compliances applicable to wholesale and retail dealers

10. How are wholesale and retail dealers expected to know the revised GST rate and reduced MRP applicable to medicines stocked by them, if the stock of medicines available with them does not carry on the label a declaration of reduced MRP as of September 22, 2025?

As indicated in response to Q. 3, all manufacturers and importers of medicines are required to notify wholesale and retail dealers about revised GST rates and reduced MRP latest by September 21, 2025 by circulating a revised price list in Form V which is effective from September 22, 2025.

Accordingly, on or after September 22, 2025, all wholesale and retail dealers of the medicines must refer to the revised price list received from the manufacturer or importers of medicines before selling stock of medicines in their possession.

11. What are the compliances applicable to wholesale and retail dealers who have stock of medicines manufactured in India or imported into India prior to September 22, 2025?

On or after September 22, 2025, all wholesale and retail dealers must:

  • Sell medicines at reduced MRP after applying revised GST rates;
  • Verify the revised GST rate and reduced MRP against the revised price list in Form V received from the manufacturer or importer of medicines;
  • Display the revised price lists of medicines received from the manufacturers or importers on a conspicuous part of the premises where they carry on business; and
  • Not alter, tamper, over-sticker or re-label the existing product packaging.

    Penalties for non-compliance

    • 12. What are the consequences of failure to circulate revised price list in Form V to wholesale and retail dealers before September 22, 2025?

    The failure to circulate Form V before September 22, 2025 may result in recovery of the difference between old MRP and revised MRP from the manufacturer or importer of medicines as ‘overcharging’, along with interest and penalty, even though overcharged amount has been realized by the wholesale dealer or retail dealer.

    The failure to submit Form V on the IPDMS portal on or before October 6, 2025 will constitute a violation of DPCO and may lead to penal action under the Essential Commodities Act, 1955 including fine and imprisonment.

    13. What are the consequences of non-submission of Form II of DPCO before October 6, 2025?

    Non-submission of Form II of DPCO is deemed to be a failure to reduce MRP of medicines by the manufacturer or importer despite reduction in GST rates. The manufacturer or importer may be held liable for overcharging consumers and be required to pay the overcharged amount, along with interest and a penalty. It may also result in criminal prosecution under the Essential Commodities Act, 1955, inviting fine and imprisonment if convicted. Form II is required to be submitted only in case of reduction of MRP of medicines which are classified as scheduled formulations under DPCO.

    Requirement for obtaining a manufacturing license or NOC from State Licensing Authority for re-labelling

    14. Will declaration of reduced MRP on packages of medicines be considered to be “manufacturing” and require a manufacturing license or NOC from State Licensing Authority or CDSCO?

    The re-labelling of a medicine may be legally construed as manufacture of medicine under The Drugs and Cosmetics Act, 1940 (D&C Act), and such manufacturing activity requires a license from the Licensing Authority under D&C Act. The Licensing Authority in case of manufacturing of medicines in India is the respective State Licensing Authority i.e. SLA (for example – State Drug Control Department, State Food and Drug Administration). Such a license is require from SLA irrespective of whether the drug is manufactured in India or imported into India,

    As indicated in response to Q. 7, the possibility and time-limit for carrying out the re-labelling of medicines with reduced MRP should be checked locally with the respective SLA in each state where the re-labelling is sought to be carried out prior to undertaking re-labelling.

    Disclaimer: This article contains personal views of the authors and should not be considered as legal advice.

    Posted on

    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 Food Safety and Standards Authority of India has classified packaged drinking water as a high-risk category, mandating pre-licence inspections of packaging facilities and annual risk-based audits for existing licence holders. This move aims to ensure hygiene and quality standards, aligning bottled water regulation with stricter public health norms.
    Source: short-link.me/17nQx

    2. Big private hospitals in India are opposing the General Insurance Council’s common empanelment proposal, arguing it lacks clarity on tariffs, timely claim settlements, and dispute resolution for short payments. They demand wider consultation and revisions before acceptance, stressing the framework must address operational challenges while ensuring insurers’ goal of streamlined empanelment and policyholder access.
    Source: short-link.me/1bQ13

    3. The GST Group of Ministers (GoM) has reportedly proposed eliminating the current 18% GST on individual life and health insurance premiums. The constituted panel will present recommendations by October 2025 and the final will be taken by GST Council.
    Source: short-link.me/17nQT

    4. The Pharmaceuticals Export Promotion Council of India is reportedly collaborating with stakeholders to launch an online logistics platform to integrate exporters, importers, service providers, and regulators. The tool aims to centralise compliance, bidding, warehousing, insurance, routing, digital documentation, tracking and feedback.
    Source: short-link.me/1bQ1l

    5. India’s central drug regulator has recently mandated that exported drugs must retain at least 60% of their shelf life, prompting pharmaceutical companies to discard older inventory and incur significant financial losses. Industry stakeholders caution that the rule introduces substantial economic and logistical strain without offering adequate flexibility.
    Source: short-link.me/1bQ1u

    Posted on

    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 Supreme Court has ruled against the notification issued by ministry of environment that had initially exempted educational institutions, industrial sheds, and hostels from mandatory environmental clearance under the Environment Impact Assessment 2006 regime. The court affirmed that projects over 20,000 sqm must now obtain prior approval typically from the State Environment Impact Assessment Authority.
    Source: short-link.me/1aM5s

    2. India’s Central Drugs Standard Control Organization (CDSCO) has reaffirmed that all WHO-GMP (COPP) applications must be submitted exclusively via the ONDLS portal by August 15, 2025. No further extensions will be granted for physical submissions beyond this date.
    Source: short-link.me/16m-3

    3. The Union Health Minister informed Parliament that India does not maintain central data on medical negligence cases. States handle such cases individually under the National Medical Commission Act, 2019. Calls for centralized tracking were raised, but the government emphasized health is a State subject with existing regulatory mechanisms.
    Source: short-link.me/16m-d

    4. India’s Department of Consumer Affairs has released draft rules for “Clinical Electrical Thermometers for Continuous Measurement” under the Legal Metrology Act. The draft rules outline metrological, technical, safety, and labelling standards, along with performance limits, testing methods, and manufacturer obligations. Stakeholder comments are invited by August 30, 2025.
    Source: short-link.me/16m-f

    5. The Mumbai CESTAT ruled that orthopaedic appliances and implants qualify for customs duty exemption under Serial No. 578, clarifying it covers assistive devices, rehabilitation aids, and goods for disabled persons. The tribunal interpreted the notification broadly and stated that the exemption applies to implants as assistive or rehabilitation aids, and not meant solely for disability use.
    Source: short-link.me/1aM5T

    Posted on

    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 issued the Legal Metrology (General) Third Amendment Rules, 2025 to regulate non-invasive automated sphygmomanometers and their accessories. The rules specify standards for measurement accuracy, safety, and labelling to ensure reliability in blood pressure monitoring at the arm, wrist, or thigh.
    Source: tinyurl.com/d6ftzhv7

    2. The Maharashtra Medical Council (MMC) has transitioned its “Know Your Doctor” QR based KYD platform from voluntary to mandatory for all MBBS practitioners in the state. Doctors must prominently display their unique QR code in clinics, allowing patients to verify credentials instantly.
    Source: tinyurl.com/mrx234ds

    3. India’s Supreme Court reserved its order in cases involving couples who froze embryos before the Surrogacy Act, 2021. Now over the statutory age limit, they seek exemption from restrictions. Petitioners argue retroactive application is unfair. The decision may set a precedent for application of reproductive laws prospectively or retroactively.
    Source: tinyurl.com/49tkfp5r

    4. The Drug Controller General of India will soon direct states and Union territories to identify pharmaceutical companies not following Good Manufacturing Practices, especially Micro, Small and Medium Enterprises. This action follows global concerns over drug safety and aims to raise India’s pharmaceutical quality to international standards.
    Source: tinyurl.com/wpnc2vjy

    5. The National Health Authority has unveiled comprehensive Hospital Empanelment & Management (HEM) Guidelines to ensure consistent service quality across AB PMJAY facilities. Key updates include introduction of HEM 2.0 with stringent physical verifications, geo-tagged photo submissions, and mandatory periodic reviews for private hospitals.
    Source: tinyurl.com/2s3k863r