Delhi High Court Restores Ban on Two Diabetes Drugs, Says Govt can Prohibit Medicines Without Proving Harm

The Delhi High Court restored the ban on two fixed-dose combination (FDC) drugs used to treat Type II Diabetes Mellitus, setting aside a single judge’s order that had quashed the government notifications.

The Court held that under Section 26A of the Drugs and Cosmetics Act, 1940, the Central government is empowered to prohibit drugs in the interest of public health even without proving actual harm.

It observed that the provision is precautionary in nature and a ban can be justified if continued use of a drug is likely to pose a risk to human health.

[UOI v. Drug Manufacturers & Ors.]