The Maharashtra Food and Drug Administration (FDA) has issued a ‘suspension order’ against the Mumbai-based Aditya Medisales Ltd, a C&F agent of pharma major Sun Pharmaceuticals, for 12 days from March 7 to March 18, 2011 for refusing to sell some of the life-saving drugs to some drug dealers in violation of Drugs Price Control Order (DPCO), 1995.

The Maharashtra FDA's action in this regard comes in the wake of a complaint filed by the Maha-Mumbai Retail Chemists and Distributors Association (MMRCDA) for refusing to sell some of the lifesaving drugs to Hemraj Mulji & Co., who is a member of the MMRCDA, without any good and sufficient reason. The MMRCDA complained to the joint commissioner, FDA, Thane, Maharashtra, that Aditya Medisales, which is based at Mira Road in Thane, has deliberately and purposefully been refusing to sell some of the life-saving drugs to another Mumbai-based drugs dealer Hemraj Mulji & Co. which is in clear violation of Para 18 of DPCO, 1995.

In fact, this is the second time that the FDA has issued a suspension order against Aditya Medisales. On May 25 last year, it had issued a suspension order against the company for two days.

Unfortunately, the company continued to breach section 18 of DPCO. After repeated complaints to the Thane FDA and vigorous follow up jointly from MMRCDA and Pharma Gladiator India, a redressal forum to eradicate the grievances of pharmaceutical traders in India, another show cause notice was served on 15-10-2010 followed by the second consecutive suspension order vide: 44-21/p issued dated 08/02/2011 stating the date of suspension from 07-03-2011 till 18-03-2011 for violating the provisions of Section 18 of DPCO, said Narendra Jain, chief trustee of Pharma Gladiator.

“It is obviously a gallant step from the FDA, Maharashtra but the fixation of 12 days for such continued violation will not restrain such malpractices. I am not ruling out the chance of pre-fixing the date or period of suspension in connivance with the accused drug licensee, as the stipulated period is least effective as per the nature of business of a C&FA,” Jain further said.

We have already framed our next step to lodge an appeal at the Ministry of Health & Family Welfare to have close monitoring in the market in future to restrict and prevent such violations of the Act, he said.