Concerned over the reports that some stockists and trade associations are showing resistance in selling medicines without re-stickering/re-labelling by the manufacturers as per the revised notified prices of drugs, the National Pharmaceutical Pricing Authority (NPPA) has directed the dealers including stockists and retailers not to return any stocks in case current price list as per revised notified price has been made available to them by the manufacturers.
In a veiled warning to the stockists and retailers, the national drug price regulator said that any attempt by the retailers to return the stocks to the manufacturers for not re-labelling or re-stickering will be a violation of para 28 of the DPCO, 2013 if the current price list as per the revised notified price of drugs has been provided by the manufacturers.
As per paragraph 28 of the DPCO, 2013, “Manufacturer, distributor or dealer not to refuse sale of drug subject to the provisions of the Drug and Cosmetics Act, 1940 (23 of 1940) and the rules made thereunder, (a) no manufacturer or distributor shall withhold from sale or refuse to sell to a dealer any drug without good and sufficient reasons; (b) no dealer shall withhold from sale or refuse to sell any drug available with him to a customer intending to purchase such drug”.
Earlier in April this year, the NPPA in all practical purposes had shifted the onus of implementing the revised prices of medicines to the chemists. “Recalling or re-labelling or re-stickering on the label of container or pack of released stocks in the market prior to date of notifications, is not mandatory, if manufacturers are submitting revised price list, and are able to ensure price compliance at the retailer level,” the NPPA in its notification dated April 13, 2016 had said.
However, there were reports of stiff resistance from some stockists/trade associations in implementing the NPPA order dated 13.04.2016 in selling the products without re-stickering/re-labelling by the manufacturers as per the revised notified prices of drugs which forced the NPPA to once again interfere in the matter and issue another order dated 10.5.16 directing the dealers including stockists and retailers not to return any stocks in case current price list as per revised notified price has been made available to them by the manufacturers.