The Kerala High Court granted a stay on the decision of the Kerala Drug Controller's office to cancel the drug-manufacturing license of Fair Pharma, and allowed the firm to manufacture and market its products, including the controversial 'AIDS cure' drug Immuno QR.
In its decision on Monday, the bench comprising of Chief Justice J. C. Guptha and A. K. Basheer, directed the State Drug Controller T. P. Gopinathan to conduct clinical studies of the drug, and submit a report to the court within three months. During the same time, Fair Pharma could restart its drug manufacturing and marketing, but should not advertise the drug as a cure for AIDS, the court said in its judgment on the petition filed by T. A. Majid, owner and promoter of Fair Pharma, challenging the state DC's decision to cancel its drug manufacturing license. It is also learnt that the Kerala Government counsel had not objected to advertising the drug not as an AIDS drug.
Talking to Pharmabiz from Kochi when contacted, Satheesan of Fair Pharma alleged that the whole controversy and the subsequent license cancellation were politically motivated.
"It was all politically motivated and some elements wanted to brand us as quacks making spurious drugs. We have been manufacturing the drug for about 14 years, and none of our clients have questioned its efficacy, nor detected any side effects. We do not advertise the drug as a cure for AIDS. It is not possible to ascertain the drug with its molecular combinations or efficacy through toxicological or clinical trials, as this is herbal drug. Now the court order vindicate our stand, and we are looking forward to restart production, once patients return to us" said Satheesan, who revealed that more than a lakh patients, most of them HIV positive, were 'treated by Fair Pharma'.
He said the firm has capability to manufacture the drug in accordance to any levels of demand. Fair Pharma has a retail unit at Broadway in Kochi from where Majid consults the patients and prescribe the drugs', besides a drug manufacturing facility at Kombara near Kochi. The decision also allows Fair Pharma to resume production of another popular brand 'Cholesterolcure', claimed to be a potent anti-heart attack Ayurvedic formulation.
It is to be noted that Fair Pharma's sensational drug Immuno QR, said to have properties to fight not only AIDS, but also mental retardation, cholesterol accumulation and migraine, had become very popular and numerous patients from different parts of the country had flocked its office in Kochi for consultation and treatment. Even the company had resorted to export its two drugs. Majid, an engineer turned pharma manufacturer, had been prescribing the medicines.
Nevertheless, the fortunes of the company, which is said to have amassed many millions during its heydays, reversed following stiff opposition from people who questioned its efficacy, which led to a prolonged legal battle.
In February this year, the DC Intelligence wing had raided the company, and seized 'incriminating documents', and later the drug-manufacturing license was cancelled. The High Court had restrained the company from advertising the drug as a cure for AIDS, and the Supreme Court later approved this decision.