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 Director General of Foreign Trade has issued a Trade Notice, reducing the amount of export eligible for net-subvention to only Rs. 5 Crore for MSMEs till 30th September 2024, and Rs. 2.5 Crores for manufacturing exporters as calculated till 20th June 2024.
Source: bit.ly/3zsuYM8

2. The Supreme Court has issued Notices in connection with a Public Interest Litigation challenging the constitutionality of Rule 9(ii) of the Clinical Establishments Rules, which seek to introduce a price-control mechanism on the cost of healthcare treatment.
Source: bit.ly/3zqVx48

3. The Supreme Court has issued an Order recommending that the High Court of West Bengal may consider withdrawing the anticipatory Bail granted to an accused under the Narcotic Drugs and Psychotropic Substances Act, and expressed that it was highly concerning that such anticipatory bail was granted.
Source: bit.ly/3BfCUAY

4. The State Drugs Controller of the State of Karnataka has announced that it will be using emergency medical tracking functions first introduced during the COVID-19 pandemic, to keep track of analgesic medication to prevent their misuse.
Source: bit.ly/47DyH5Z

5. Starting from 19th September 2024, if the investigation of a complaint received by the Competition Commission has lead to it passing an order ex-parte, it shall be mandatory to give notice of said order and provide the impugned parties an opportunity to be heard.
Source: bit.ly/4e8jtIB

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 Department of Pharmaceuticals (DoP) released the Uniform Code for Marketing Practices in Medical Devices (UCMPMD) providing guidelines to medical device companies for regulating monetary and non-monetary incentives given to Healthcare Professional (HCPs) for eliminating unethical conduct while organising promotional and training programs for such HCPs. The UCMPMD also sets guidelines for establishment of an ethics committee and entering of complaints on the UCMPMD portal set by the DoP.
Source: bit.ly/3AWUnOm

2. The pharmaceutical company that launched eye drops claiming that they can eliminate near-sightedness in 15 minutes has clarified that its claims were based on approved indications for treatment and Phase 3 clinical trial data and are not unethical or false.
Source: bit.ly/3z0wSn3

3. The Bombay High Court has granted an interim injunction to a Fast-Moving Consumer Goods (FMCG) company manufacturing health drinks against another FMCG company manufacturing fibre-nutritional drinks for circulating advertisements on WhatsApp groups that allegedly denigrated and disparaged the latter’s products.
Source: bit.ly/3APlUkz

4. The National Medical Commission (NMC) has withdrawn its previously issued public notice for the discontinuation of all courses offered by the College of Physicians & Surgeons (CPS), Mumbai as it was earlier regarded as being beyond the powers of the college to provide conduct examinations and award degrees. However, the earlier notification now stands withdrawn.
Source: bit.ly/3Zisquh

5. The US Court has held that expert testimony is a requirement in all medical negligence cases, and it is not enough for the claimant to establish that the doctor had not communicated the box-label warning to the patient or patient’s family, especially in cases where the patient’s claim was based on the absence of informed consent.
Source: bit.ly/3Zo6HkC