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Imprisonment for Violation of D&C Act

Kerala court orders imprisonment of MD of ayurvedic co for violation of D&C Act

The chief judicial magistrate court at Chalakkudi in Kerala sentenced the managing director of Indian Institute of Therapy (IIT), an ayurvedic manufacturing company based in Thrissur, to imprisonment till the rising of the court after convicting him for violation of provisions of drug acts.

The court held Mahesh Menon guilty of manufacturing and marketing of an ayurvedic product, Ayurcare Kizhi Kit (external heat therapy kit) without valid licence, sources from drug control department informed.

The court also sentenced a fine of Rs.3000 in addition to detaining the MD in the courtroom for a full day.

The manufacturer was held guilty under provisions of Drugs & Cosmetics Act 1940 and Drugs and Magic Remedies (objectionable advertisement) Act, 1955.

The court further convicted the company in another two cases of violations filed by the state drugs control department and sentenced Rs.2000 each for violation of provisions of D&C Act.

Dr P Y John, drug inspector at the ISM wing, who took the case, said the court has awarded the company a fine of Rs.3000 for violation of section 33 EEC of the D&C Act. He said IIT was given separate licences for ‘Ayur Kizhi Oil’ and ‘Ayur Kizhi Powder’, but no licence had been given exclusively for the single product ’Ayurcare Kizhi kit’, which was a combined product of kizhi oil and kizhi powder, marketed in the form of a new product. Both the products were put in a packet and sold it as a branded item under a new name and label, said the drug inspector.

The assistant drugs control office at Thrissur filed two cases of violation of DMROA against the company for their products Lavana Thailam and Vaji Thailam (oil products).

According to Manju Prathap, drug inspector at Thrissur, the firm was manufacturing and marketing the product throughout Kerala by giving wide publicity claiming Lavana Thailam as a solution for reducing obesity and Vaji Thailam as solution for sexual dysfunction in both men and women. The court sentenced Rs.2000 each for the two products.

Five more cases of violations of the acts are pending with various courts against the company, said Dr M Vimala, ayurvedic drugs controller, Kerala. The DC said the company has now stopped production of the medicines and is in a financial crisis.

Source:http://www.pharmabiz.com/NewsDetails.aspx?aid=77078&sid=1