The Chief Judicial Magistrate Court Thiruvananthapuram has convicted the Kochi based controversial drug manufacturing firm, Fair Pharma, for carrying objectionable advertisements in a section of the electronic media for its popular anti-cholesterol drug 'Cholesterol Cure'.

Informed sources told Pharmabiz that in its judgment dated 16/2/2004, the magistrate observed that the accused was found guilty of committing the offence of misleading the public by highlighting that the drug was a competent substitute for heart bypass surgeries to reduce the risk of cholesterol induced blocks in the heart. Pleaded guilty of the offence, the court convicted T A Majid, owner and promoter of Fair Pharma for a fine of Rs.3000 and for a simple imprisonment under the provisions of the Objectionable Advertisement Act.

The verdict follows a case (542/2000) filed four years ago by the state drug control authorities against the firm for violating Section 3(D) and punishable under Section 7(A) of the Drugs and Cosmetics Act. The drug administration had cancelled the manufacturing license for the offence, for which Fair Pharma obtained a stay to continue manufacturing Cholesterol Cure. It is learnt that the state drug control administration has allowed the firm to continue production on the condition that the firm would stop advertising the product.

It is to be noted that the Kerala High Court had granted an interim order a few months ago against the decision of the Kerala Drug Controller's office to cancel the drug-manufacturing license of Fair Pharma for manufacturing and marketing its controversial 'AIDS cure' drug Immuno QR, provided the firm would not advertise the drug. The court comprising of Chief Justice JC Gupta and AK Basheer had directed the state drugs controller to conduct clinical studies of the drug, and submit a report to the court within three months.

The drugs controller had informed the court that it was the duty of the manufacturer to conduct clinical trials of the drug, and the state drug administration lacked enough resources to conduct the trials. The case is still pending before the High Court, though Fair Pharma has resumed production.