Tamil Nadu Drugs Controller has refused to take any action against Chennai based Conybio Healthcare India Pvt. Ltd for promoting its products and services with false curative claims. TN Drug Controller does not consider these products and services violate the Drugs and Magic Remedies (Objectionable Advertisements) Act, 1954 and Drugs and Cosmetics Rules, 1945.

Convoice-TN, a Thanjavur based NGO working for 'consumer rights protection and civil action' had sent specific complaints to the state health and drug department top level authorities on the products of Conybio on October 29, 2003. The complaint was against one Archana Traders of Thanjavur, said to be a distributor/stockist for Conybio products. The complaint, citing the action initiated by the commissioner of Gujarat FDCA, had asked the TN authorities to book Conybio and its stockist for supplying products with false curative claims.

Chronicle Pharmabiz in its issue dated November 27 had reported statewide seizure of all products marketed by Conybio by Gujarat FDCA for making misleading and false curative claims. FDCA action was in response to a complaint made by Consumer Education and Research Centre (CERC) Ahmedabad against the company.

A. Somnath, the TN Drug Controller, told Pharmabiz, 'TN has not taken any action' against Conybio despite an official alert from Gujarat FDCA. He said that his team of officials led by a deputy drug controller enquired into the matter, and a report was filed on November 14, 2003.

As per the report, the officials had verified the 'available literature' and raided the premises of Archana Traders, besides communicating with Convoice-TN. Officials said they could not find anything punishable under the laws related to drugs, as the company or the stockist has not made any 'medical claims' infringing the drug laws.

Further, the 'products', including the 'Far Infrared Rays' cited in the 'available literature' does not come under the purview of the drug laws as currently only three to four devices like disposable needles and syringes, blood transfusion sets etc. come under the purview of drug laws.

"They have not registered as a drug manufacturer in Tamil Nadu. We cannot blindly initiate action without substantial proof. According to our knowledge of drug laws, we cannot initiate action against the company with the available evidence" said the drug controller.

However, the officials conceded that they had not bothered to verify or check with the Chennai based company, known to many as the of multi level marketing organisation and had not replied to the letter of the Gujarat FDCA.