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Delhi High Court requests government and NPPA to provide feedback on Glenmark’s petition, reports ET HealthWorld

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Delhi High Court seeks response from govt, NPPA on Glenmark's plea, ET HealthWorld

Glenmark Pharma has taken a bold step by moving the Delhi High Court to challenge the National Pharmaceutical Pricing Authority’s (NPPA) standing order that fixed a lower retail price for its anti-diabetic drug formulations. The pharmaceutical company argued that the fixed prices are illegal and arbitrary, considering the formulations are new drugs approved by the Drugs Controller General of India.

The retail price set by NPPA for Glenmark’s anti-diabetic drug formulations, Remogliflozin + Vidagliptin + Metmformin, at Rs. 8.76 and Rs. 9.06 per tablet, respectively, excluding GST, has sparked a legal battle. Glenmark claims that its formulations are exempt from the Drugs (Pricing and Control) Order, 2013, as they fall under the category of “new drugs” approved by the DCGI.

Justice Subramonium Prasad of the Delhi High Court has requested responses from the Ministry of Chemicals and Fertilisers and the NPPA regarding Glenmark’s petition. The pharmaceutical company sought the quashing of notices, decisions, and the standing order issued by NPPA for selling the formulations without obtaining prior price approval.

Senior counsel representing Glenmark argued that the NPPA’s interpretation of the exemption clause under the DPCO 2013 was arbitrary and erroneous. The counsel claimed that Glenmark followed all necessary procedures and had valid patents for their formulations, making them eligible for exemption.

Similar notices issued to other Indian pharmaceutical companies like Lupin, Abbott Healthcare, Sun Pharma Labs, and others are also facing legal challenges in front of the Delhi High Court. The outcome of this legal battle will have significant implications for drug pricing regulations in the country.

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