Substandard Antibiotics: HC upholds ban on production by 28 companies

The High Court yesterday upheld a previous order that had directed the government to stop the production and sale of antibiotics of penicillin and cephalosporin groups, hormonal and anti-cancer drugs by 28 companies.

The drugs were found substandard and injurious to public health.

Delivering the verdict on a writ petition, the court also directed the government to form a five-member committee in 15 days to monitor whether the companies were following the Good Manufacturing Practice (GMP) set by the World Health Organisation (WHO).

The government may allow any of the companies to produce and sell the medicines if the committee finds that the respective company was following the GMP, said the court.

The five-member committee will be comprised of representatives from WHO, Dhaka University's pharmacy department, health ministry, department of drug administration and the expert committee concerned, Advocate Manzill Murshid, lawyer for Human Rights and Peace for Bangladesh (HRPB) which filed the petition, told The Daily Star.

The HC also said the petition remains as a continuous “mandamus” as any party of the case can seek necessary orders from it in future. 

The bench of Justice Syed Muhammad Dastagir Husain and Justice Md Ataur Rahman Khan came up with the verdict after hearing the petition.

Following the same petition, the HC on February 27 directed the government to stop in 72 hours production and sale of antibiotics of penicillin and cephalosporin groups, hormonal and anti-cancer drugs by the 28 companies.

It also asked the authorities to explain in two weeks why their inaction to stop the production and marketing of those drugs should not be declared illegal.

The government has recently submitted a report to the HC saying that it has complied with the February 27 order by stopping production and marketing of the drugs by those companies.

The HRPB submitted the writ petition to the HC in February, saying a committee of experts formed on instructions of the Speaker recommended in February last year that the production of the drugs should be stopped as they don't meet the standards (Good Manufacturing Practice) set by the WHO.

The companies against which the HRPB brought allegation of not following GMP are Amico Pharmaceuticals Ltd, Aztec Pharmaceuticals Ltd, Bengal Techno Pharma Ltd, Benham Pharmaceuticals Ltd, Central Pharmaceuticals Ltd, Descent Pharma Ltd, Dr TIM's Laboratory Ltd, Globex Pharmaceuticals Ltd, Greenland Pharmaceuticals Ltd, Inova Pharmaceuticals Ltd, Maks Drugs Ltd, Medimet Laboratories Ltd, Modern Pharmaceuticals Ltd, Mystic Pharmaceuticals Ltd, National Laboratories Ltd, Organic Healthcare Ltd, Oyster Pharma Ltd, Premier Pharmaceuticals Ltd, Prime Pharmaceuticals Ltd, Seema Pharmaceuticals Ltd, United Chemicals Pharmaceuticals Ltd, White Horse Pharmaceuticals Ltd, Mumtaz Pharmaceuticals Ltd, Unique Pharmaceuticals Ltd, FNF Pharmaceuticals Ltd, and units -- 1, 2 and 3 of Techno Drugs Ltd.

In August last year, the HC ordered the government to stop drug production of 20 other pharmaceutical companies and production of all sorts of antibiotics by 14 others and to withdraw their products from the market.

It also demanded an explanation from the authorities as to why licences of the companies should not be scrapped. 

Some of those companies later went to the Appellate Division of the Supreme Court, seeking a stay on the HC order, but the Appellate Division rejected their pleas and directed the HC bench to hold hearing on the rule.

Following a hearing on February 13, the HC upheld its earlier order.