The Pharma Gladiator, a Mumbai-based NGO working in the area of pharmacy trade, has urged the Maharashtra government not to grant stay to the pharmacy outlets, whose licenses have been cancelled by the FDA for violation of norms, at the behest of the office-bearers of the trade associations like All India Organisation of Chemists and Druggists (AIOCD), Maharashtra State Chemists and Druggists Association (MSCDA) and Pharmaceutical Wholesalers Association (PWA).

Literally blaming the government for giving undue importance to these associations, the NGO in a recent letter to the Maharashtra Minister of State for Food and Drugs Administration (FDA) Bunty Patil said that the recent threat of mass surrender of license and stop purchase by these associations is the outcome of mass stay on list of appellants submitted by the MSCDA & PWA. “The easy stay through these associations encourages the licensees to break law again and again. There is no impact of FDA and government because of this. The associations shall not be allowed to give the impression to the licensees that they are mightier and are parallel government,” the NGO in its letter said.

Under rule 66 & 67 of Drugs and Cosmetics Rule 1945, the appellate authority (here the minister for FDA) has the prerogative and privilege to grant stay to the appellants whose licenses have been cancelled by the FDA for violations of various norms.

“These organisations approach you with list of appellants (some time in hundreds) whose licenses are suspended by FDA. They get the list acknowledged & stamped from the office. They show these stamped lists to the members and pose that MSCDA and its office-bearer are more powerful than FDA, Government and law. They pose to the appellants that they are mightier than the appellate authority and government. They pose to trade, that they can get anything done from the government and that too by threatening the government,” the NGO in its letter said.

Asking the minister to desist from granting stay through these associations and its office-bears, Pharma Gladiator's chief trustee Narendra Jain said that the appellants shall be asked to submit the appeal personally and individually in the office. That will also avoid the forged signature on the appeal. The licensee will realize the importance of following the laws. It will make licensee more law abiding and responsible, he said.

Earlier this year, the Maharashtra FDA had embarked on a state-wide crack down on chemist shops which operate without a qualified pharmacist. As a result, several chemist shops were ordered to shut down, and the FDA also issued show cause notices to hundreds of other chemist shops besides cancelling licenses of several chemist shops.

The Maharashtra FDA had cancelled the licenses of some of the pharmacy outlets three times for violation of norms, but they have been given stay by the appellate authority at the behest of these associations, Jain alleged.