After dilly-dallying on the issue for almost two months since the Madras High Court's stay order on DCGI directive against FDC drugs on November 11, the drugs control administration in Andhra Pradesh has finally recommended to the state government to allow marketing of the 294 contentious FDC drugs in the state. Though the final decision from the state government is yet to come, sources said the state government's formal announcement, allowing the sale of 294 contentious FDC drugs, is just a formality now.

The state drug department's belated recommendation in this regard came after several rounds of meeting between the drug administration and the industry, which has been up in arms against the state drug control department's adamant attitude on the issue. So far, the AP drug administration was subscribing to the view that the Madras high court stay orders are not bound on Andhra Pradesh, and it has been strictly following the DCGI order.

Director General of Drugs Control Administration in Andhra Pradesh RP Meena said that he has recommended to the state government to allow marketing of 294 FDC drugs. "In public interest, I have recommended to the state government to allow marketing of 294 FDC drugs till 31 March, 2008. If we stop these medicines suddenly without its substitutes, there will be shortage of medicines and that will create panic", Meena said. The drug administration has also recommended releasing the drugs worth Rs 39 crore which the department had seized from different parts of the state since the implementation of the DCGI order against the 294 FDC drugs.

However, the pharma companies will not be allowed to manufacture the contentious 294 FDC drugs in the state. Apart from cancelling the manufacturing of all the 294 FDC products, the drug authorities in AP are now not allowing the traders to market these products.

Andhra Pradesh was probably the only state where the state government took extra interest on the issue. While in all other states, the state drug controllers took the final decision on the matter, the AP drug authorities left the matter to the state government, leading to further delay on taking a final decision.

Besides, the drug administration in AP took a divergent view from its counterparts in other states on the Madras High Court stay on the DCGI directive to take action against fixed dose combination (FDC) drugs. While senior AP drug administration officials argued that the Madras High Court stay is bound only on Tamil Nadu, industry argued that since the court has stayed a central government order, it has jurisdiction all over the country.