However, the bank asked the company to “ensure that no statements or advertisements that may appear in magazines or any web portal violate the labeling as approved by the relevant authority”.

Much to the relief of GlaxoSmithKline (GSK), the Delhi High Court has suspended the decision of the Drug Controller General of India (DCGI) to revoke Global Health Care Products (GHCP) license to manufacture Sensodyne toothpaste in India. Sensodyne products are marketed by GlaxoSmithKline (GSK) Asia in India.

The license granted to GHCP to manufacture cosmetic products – Sensodyne Rapid Relief and Fresh Gel variants – was revoked by DCGI for allegedly violating standards under the Drugs and Cosmetics Act and other regulations.

Justice Yashwant Varma, who upheld the March 5 cancellation order, noted that the product itself had been circulating not only in India but around the world since 1969. “It is not the case of DGCI that the product posed a health risk otherwise. Their action appears to be based solely on what has been described as a misleading claim about the product’s efficacy. That decision, in turn, rests on a CCPA report attacked by the petitioner for the NCDRC. The matter requires consideration,” the order said.

However, the bank asked the company to “ensure that no statements or advertisements that may appear in magazines or any web portal violate the labeling as approved by the relevant authority”.

Senior counsel Kapil Sibal, acting for GHCP, argued that the licensing authority under the Cosmetic Rules 2020 had no power to revoke a license. He further said that the labels for the product have changed with effect from December 2020 and have also been duly approved by the appropriate legal authorities, therefore the drastic action to revoke the license would not hold.

GHCP adviser Ajay Bhargava said the claims about the Sensodyne toothpaste range are “true and well-substantiated. No claim has been made that could mislead consumers as to the nature, quality or benefits of the Sensodyne toothpaste range, including Rapid Relief and Fresh Gel toothpaste.” Their action is completely contrary to the principles of natural justice and had resulted in a violation of fundamental rights, counsel said, adding that the contested injunction was passed without any application of mind by the SLA.

On Feb. 9, the Central Consumer Protection Authority (CCPA) had asked GHCP to end all advertising and label claims for Sensodyne’s Rapid Relief and Fresh Gel variants for violating the standards within seven days. The ads showed dentists outside India approving Sensodyne products. CCPA had also instructed the Director General (Research) to file a report after examining claims such as “Recommended by dentists worldwide”, “the world’s No. 1 toothpaste for sensitivity” and “clinically proven relief, works in 60 seconds”.

Even DCGI believed that the claims in the advertisements were not allowed under the Drugs and Cosmetics Act 1940 and Cosmetic Rules 2020. At the same time, the DCGI ordered the Assistant Drugs Controller and Licensing Authority, Silvassa (SLA), to take action. against Sensodyne, which started in 2012. On the advice of DCGI, the SLA had canceled the license on March 5.


This post Delhi HC Continues To Cancel DCGI Order Sensodyne License For GSK Contractor was original published at “https://www.financialexpress.com/industry/sc-stays-dcgi-order-cancelling-sensodyne-licence-for-gsk-contractor/2464306/”

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