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 Drugs Standard Control Organization clarified that labelling, overprinting, or stickering is strictly permitted for imported drugs. These activities require a valid manufacturing license, appropriate facilities, and adherence to labelling norms. Original labels must remain visible to maintain regulatory transparency and ensure clear identification of modifications and responsibilities.
Source: bit.ly/4kjfBYw
2. The Himachal Pradesh High Court held that vicarious liability for supplying substandard drugs requires proof that an individual was responsible for the company’s operations. Without such evidence, partners cannot be held liable, and only the company itself can be prosecuted for manufacturing or selling defective drugs.
Source: bit.ly/3Hfap9o
3. India’s Ministry of Health has released draft Drugs Rules proposing mandatory testing for bacterial endotoxins or pyrogens in injectable drugs. The rules require drug sales to be supervised by a competent person, with timely reporting of any changes. Exemptions apply to non-antimicrobial drugs used in food and beverage manufacturing. Feedback from stakeholders invited by June 30, 2025.
Source: bit.ly/4jomruw
4. West Bengal’s Drugs Control Administration mandates wholesalers and retailers to verify QR codes on top-selling brands and ensure purchases through authorized channels, aiming to curb counterfeit drug circulation.
Source: bit.ly/4krbkCj
5. The Bureau of Indian Standards (BIS) seized products worth ₹90 lakh from a Bengaluru warehouse for allegedly using the ISI mark without authorization, raising concerns for compliance in product sourcing and labelling across industries.
Source: bit.ly/4jppfr4
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 Allahabad High Court recently ruled that insurance payouts must follow succession laws. It clarified that a nominee is not the actual heir but only holds the money on behalf of the legal heirs. So, the nominee cannot keep the insurance amount for themselves if there are rightful successors. Source: bit.ly/4jMr2Yu
2. The Indian government has issued a Quality Control Order (QCO) mandating that all aluminum and aluminum alloy foil used for pharmaceutical packaging, along with other specified aluminum and aluminum alloy products to bear the Standard Mark under a license from the Bureau of Indian Standards. The order will take effect on 1st October 2025 and does not apply to products manufactured in India for export purposes.
Source: bit.ly/3Sno9B4
3. India’s National Pharmaceutical Pricing Authority (NPPA) has fixed separate retail prices for new drug formulations manufactured by a pharmaceutical company. The company requested the separate pricing by highlighting the unique features of packaging like self-collapsibility and self-seal ability, not having air-vent and no chance of contamination during manufacture/ infusion/ admixing levels.
Source: bit.ly/4k7f3nR
4. The Government of India is reportedly planning to invoke the Essential Services Maintenance Act (ESMA) to prevent hoarding and ensure uninterrupted access to essential commodities. This move comes in response to potential supply chain disruptions and as part of anti-profiteering measures following Operation Sindoor.
Source: bit.ly/3GKcXvV
5. The United States government has issued an executive order aimed at boosting domestic pharmaceutical manufacturing. The order directs the Food and Drug Administration (FDA) to expedite the approval process for new domestic production facilities. Additionally, the government plans to impose tariffs on pharmaceutical imports to encourage domestic production and reduce reliance on foreign suppliers.
Source: bit.ly/3EVqyA8
Medical textile products such as sanitary napkins, baby diapers, reusable sanitary pad/ sanitary napkins/ period panties, dental bib/ napkins, bedsheet, pillow cover, and shoe covers have been regulated for quality in India by the Medical Textiles (Quality Control) Order, 2023 (the “Order”). The Order requires all manufacturers and importers of medical textile products to label the products with the Indian Standard (IS) Mark. A license over the IS Mark is issued by Bureau of Indian Standards (BIS) after it has determined that the medical textiles and the manufacturing process meet with the standards prescribed by BIS. Such license is commonly referred to as the BIS license.
Which are the standards prescribed by BIS that medical textiles have to meet?
The medical textiles covered by the Order have to mandatorily meet with the standards described in the table below.
Reusable Sanitary Pad Sanitary Napkin Period Panties
IS 17514:2021
Reusable sanitary pad/ Sanitary Napkin/ Period Panties – Specification
4.
Shoe covers
IS 17349:2020
Medical textiles – Shoe covers – Specification
5.
Dental bib/Napkins
IS 17354:2020
Medical textiles – Dental Bib or Napkins – Specification
6.
Bedsheet and Pillow Cover
IS 17630:2021
Medical Textiles – Bed sheet and pillow cover – Specification
How to obtain license to use Indian Standard mark on medical textiles?
The process to obtain license over the Indian Standard (IS) mark is described in Scheme – I of Schedule – II to the Bureau of Indian Standards (Conformity Assessment) Regulations, 2018 (the “Conformity Assessment Regulations”). The process entails on-site factory inspection, review of manufacturing process, sampling/testing of products at BIS recognized labs, and strict adherence to prescribed labelling and marking requirements.
Do all manufacturers and importers of medical textiles require declaration of Indian Standard (IS) mark on label?
Yes, the Order applies to all manufacturers (Indian and foreign) of medical textiles who wish to sell medical textiles in India. Therefore, such manufacturers will have to obtain license over IS mark from BIS.
However, the Order does not apply to:
Goods/articles intended for export, or
Sanitary napkin, baby diaper, reusable sanitary pad / sanitary napkins / period panties manufactured by Self Help Groups (SHG)
The above-mentioned goods/articles need not be mandatorily labelled with IS Mark.
What are the timelines for the Order to become effective?
All manufacturers (domestic and foreign) of sanitary napkins, baby diapers, reusable sanitary pad/ sanitary napkins/ period panties have to ensure that any of their products sold in India on or after October 1, 2024, ought to contain an IS Mark on their label.
All manufacturers (domestic and foreign) of dental bib/ napkins, bedsheet, pillow cover, and shoe covers have to ensure that any of their products sold in India on or after April 1, 2024, ought to contain an IS Mark on their label.
Conclusion:
It generally takes around 4 – 6 months, depending on the delay caused in responding to queries raised (if any), organizing inspection(s), sample deposition, and clearance of fee dues, etc., to receive license over IS Mark from BIS. Therefore, manufacturers and importers of medical textiles should ensure that they make the license application in time so that the business does not suffer.
