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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 Karnataka High Court has ruled that cases involving offences related to the manufacture, sale, and distribution of drugs and cosmetics under Chapter IV can only be tried in a sessions court. The magistrate court must send the case to the Sessions Judge for trial. The court clarified that while no court lower than a Sessions Court can try these offences, it does not mean that the Sessions Court can take cognizance of the case directly without a committal order from the Magistrate’s Court.
Source: bit.ly/41uSVNZ

2. The Kerala High Court ruled that a married woman can undergo IVF with donor sperm even if her husband exceeds the age limit under the Assisted Reproductive Technology (Regulation) Act, 2021 as long as he provides consent. The Court laid down that the age criteria apply individually to men and women, ensuring fair access to ART services.
Source: bit.ly/4gTEffT

3. The Ministry of Textiles has released a comprehensive list of technical textile products included under the Production Linked Incentive (PLI) Scheme. This list encompasses medical and hygiene textiles like baby diapers, sanitary napkins, surgical dressings, and compression stockings. The scheme is designed to enhance India’s production capabilities in healthcare textiles, increase global competitiveness, and create job opportunities.
Source: bit.ly/3F5jW1w

4. The European Commission is seeking feedback from stakeholders on a proposal to extend the option of providing electronic instructions for use (eIFU) for all medical devices, not just high-risk products. The Commission’s proposal suggests that manufacturers of medical devices and their accessories be permitted to provide instructions in electronic form, rather than on paper, for professional users, in line with Regulation (EU) 2017/745. This move aims to reduce paper waste and improve accessibility for healthcare professionals.
Source: bit.ly/41hBFdz

5. Amid the looming threat of a 25% tariff on pharmaceutical imports, Indian drugmakers, are confident they can remain competitive in the US generics market. Major Indian drug manufacturers emphasized that shifting production to the US isn’t feasible, and Indian companies will continue offering cost-effective alternatives despite the tariff.
Source: bit.ly/41hqCRL

Posted on

TOP 5 HEALTH LAWS AND POLICY UPDATES

Dear Reader, 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.

Delay condonation should be evaluated based on reasons provided and not merits of case: Supreme Court
In a recent decision, the Supreme Court held that in condoning delay for a filing for which limitation period has been stipulated under the Limitation Act, 1963, a Court should not base its decision on whether such delay has been condoned in a similar matter, evaluating delay on merits of the fact situation, but rather each delay should be evaluated on the grounds pleaded in the application for its condonation.
Source: bit.ly/49MllnH

Central Government to take strict action against non-compliance with quality maintenance in manufacture of fire-resistant fabrics raw material
The Indian Central Government is intending to take stringent action against violators of the Bureau of Indian Standards (BIS) Quality Control Order for raw material used to manufacture fire-resistant fabric used in upholstery used in commercial spaces such as cinema halls, conference halls etc. Pursuant to issue of this Quality Control Order, only those raw material that have been certified by the BIS may be used in manufacture of commercial space upholstery. However, this Quality Control Order does not apply to upholstery used in households or those manufactured for export.
Source: bit.ly/4cKT4R3

Indian Government partners with Quality Council of India to improve services at Central Government run hospitals
India’s Central Ministry of Health and Family Welfare has entered into a Memorandum of Understanding with the Quality Council of India, to help improve quality standards for healthcare delivery at government run hospitals and help the hospitals get accredited by the National Accreditation Body for Hospitals/ Laboratories.
Source: bit.ly/3Ub0ful

Prices of imported Active Pharmaceutical Ingredient see sharp decline due to action against cartelized manufacturers
Despite an increase in demand in the Indian domestic pharmaceutical manufacturing sector for Active Pharmaceutical Ingredients (APIs), indicated by a 39% increase in year-on-year imports, the price of APIs being imported from China and other countries has reduced significantly to pre-COVID levels. This reduction is suspected to be caused by breaking-down of manufacturing cartels. This reduction in prices of API signifies an increase in profit margins for Indian firms which have traditionally been depended on Chinese imports.
Source: bit.ly/43Qlo0d

ECHR holds that inaction against climate change may be considered violation of human rights
The European Court of Human Rights has issued an award in favour of several Switzerland based petitioners who brought claims against their Government. The Court held that the European Convention on Human Rights envisages citizens right to be protected by their government against adverse effects of climate change. The petitioners had claimed that the inaction of the Swiss government and insufficient mitigation measures had caused a violation of the petitioners’ human rights, since such inaction by the government has increased their likelihood of dying of heat stroke.
Source: bit.ly/3JbMLZ6