Chennai: Adopting a July, 2015 order of the Delhi High Court, The Madras High Court ruled against condom been tagged as a medicine thereby rejecting government’s bid tp fix a maximum price for it under Drug Price Control Order (DPCO).
The first bench of Chief Justice Sanjay Kishan Kaul and Justice T S Sivagnanam allowed the petition filed by TTK Protective Devices Ltd, saying it concurred with the decision of the Delhi high court which had in July quashed the orders of National Pharmaceuticals Pricing Authority (NPPA) dated November 5, 2013 and July 10, 2014.
“NPPA exceeded the powers conferred by DPCO-2013 while fixing the ceiling price for condoms. Language of paragraph 4 [in DPCO] is unambiguous and makes clear the legislative intent that the ceiling of price can be fixed only for scheduled formulations of specified strengths and dosages. It cannot be applicable to condoms, the dosage and strength of which have not been specified,” the Delhi high court said. Fixing a ceiling price for condoms is impermissible under law, it added