Stop production of drugs by 28 cos

The High Court yesterday directed the government to stop in 72 hours production and marketing of antibiotics of penicillin and cephalosporin groups, hormones and anti-cancer drugs by 28 companies as those were found substandard and injurious to public health.

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.

 Secretaries to the ministries of health and industries; director generals of the Directorate General of Health Services, Directorate of National Consumer Rights Protection, Directorate General of Drug Administration and Rapid Action Battalion; inspector general of police and president of the Bangladesh Association of Pharmaceutical Industries have been made respondents to the rule.

A bench of Justice Syed Muhammad Dastagir Husain and Justice Md Ataur Rahman Khan came up with the order and rule following a writ petition by Human Rights and Peace for Bangladesh (HRPB).

The HRPB recently submitted the petition to the HC, 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 World Health Organization.

During yesterday's hearing, petitioner's lawyer Manzill Murshid placed the committee's report before the HC bench, and argued that the laws of Bangladesh recognise GMP and any drug manufactured here without following it should be deemed sub-standard and threat to public health.

“If any company doesn't follow the directions, it will be suspended. Those who produce, store and sell low-quality medicines will also be jailed for five years and fined Tk 1 lakh.”

Moreover, service providers will face three-year imprisonment and fine of up to Tk 2 lakhs for their negligence and irresponsibility, according to the Consumer Rights Protection Act 2009, if they cause harm to their clients financially or physically, said advocate Murshed.

The five-member expert committee led by Dhaka University Pharmaceutical Technology Prof ABM Farouque suggested cancelling the production of antibiotics of penicillin and cephalosporin groups by 22 companies.

The companies 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 and Pharmaceuticals Ltd, and White Horse Pharmaceuticals Ltd.

The committee said Mumtaz Pharmaceuticals Ltd and Unique Pharmaceuticals Ltd were found eligible to produce drugs only meant for use on human body, not any other drugs. And FNF Pharmaceuticals Ltd can produce drugs meant only for animals, not humans.

The units -- 1, 2 and 3 of Techno Drugs Ltd don't follow the standard practices in producing antibiotics and anti-cancer and hormonal drugs and so the experts recommended stopping their production.

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, 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.