Wednesday, October 1, 2014

Pharma Loot or Political Scare Mongering by CONgressis!

#PharmaLoot

For the last few days CONgress and AAPturds have been spreading rumours that GoI has withdrawn a notification which takes away the power the from NPPA (Indian Drug Price Regulator) to cap the price of Life-Saving Anti-Diabetic & Anti-Cancer & Anti-Heart Ailment Drugs and many such other Drugs!

Initially many BJP supporter too were taken aback as to why such a careless decision when in July, 2014 the New Government had added 108 Drugs to the Non-Scheduled drugs list.

Frankly speaking I personally had no clue as to what does all this mean. Suddenly there was Ajay Maken making statements about BJP issuing this order to ensure the Pharma Lobby which pumped money in Modi Campaign fills their coffers. There were also insinuations that this order has been given in the view of PM Modi’s impending trip to US, where he plans to lure Big Pharma Companies with this cruel order.

Just look at an example of the Scare Mongering by Congress & Ajay Maken in particular



This was a very serious issue just before PM Modi’s US trip, but then with the excitement that was created by the visit, this issue was sidelined, apparently, to be taken up again on a later date. Today around afternoon there were a series of RT’s by Mukul Agarwal (@MukulAgarwal66), which kind bust the CONgress's bogus claims. The reason being, that the issue of SKY-ROCKETING Price had been twisted by the CONgressis Ajay Maken and Company for their pathetic political purpose. Just have a look at the tweets RTed by Mukul




After going through the above tweets, I just GOOGLED around and tried to find out a few details about this issue and below is the summary of what I found

Just today (1st October) Delhi HC has asked NPPA (The Drug Price Controller) to submit an Affidavit to clarify “ How Are you Capping Drug Prices in Absence of Guidelines”

The answer given by NPPA was very simple, “the withdrawal of the guidelines has not taken away the authority’s power to fix prices”




Now this is the same reply as the clarification given by Ministry of Chemicals & Fertilizers on 24th September, 2014

From the above Press Note, it is clear that

  1. The Powers of NPPA have not been taken away
  2. There is an ongoing case both in Bombay as well as Delhi HC (OPPI in Delhi HC & IPA in Bombay HC)

These cases have been filed by OPPI (Organisation of Pharma Producers of India) challenging the Notification of 29th May, 2014 that of adding 108 Non-Scheduled Formulations (Drugs) to the NPPA list
THE MOST IMPORTANT PART THAT COMES TO FORE IS, THAT OPPI IS BEING REPRESENTED BY……. KAPIL SIBAL”

The OPPI moved the Bombay and Delhi HC in July, 2014 after the notification to add 108 Non-Scheduled Drugs to the list.



The courts had initially fixed the date of hearing for 28th August, 2014 which was later which was postponed to 2nd September, 2014 and later was postponed to 24th February, 2015.

In the meanwhile the important point to be noted is that the Pharma companies have written letters to their stockists to ensure that the drugs are sold as per the NPPA price list.

A little further search says that Delhi HC as refused to stay the NPPA order challenged by OPPI in Delhi. Though Bombay HC has postponed hearing for 24th February, 2014 on the challenge by IPA (India Pharmaceutical Alliance)


So the point is the NPPA’s power to regulate Price of the Drugs essential and non-essential has not been taken away the 22nd September, 2014 notification. Infact if we go by the Delhi HC observation, the paragraph 19 of the 2013 DPCO does not restrict price fixation to only essential drugs. Paragraph 19 of DPCO, 2013, authorises the NPPA in extraordinary circumstances, if it considers necessary so to do in public interest, to fix the ceiling price or retail price of any drug for such period as it deems fit.

Unfortunately the CONgress and Ajay Maken are so riled up by their humiliating defeat in the GE2014, that they now don’t even remember the amendments made by them.

Also Mr. Ajay Maken should 1st get Mr. Kapil Sibal to drop the OPPI case before creating rumors and insinuations against the Government

Edit: 1st October, 2014: 8:30 PM

Now it is being said that 22nd September, 2014  notice makes the NPPA powerless / takes away its power to regulate Drugs Price. Well see for yourself if it does so!

Exhibit 1: 22nd September, 2014 notice withdrawing the 29th May, 2014 notification.


Now according to this the "Internal Guideline" issued by NPPA on 29th May, 2014 is withdrawn with immediate effect

So What was the "Internal Guideline" issued on 29th May, 2014  issued by NPPA?

Exhibit 2: 29th May, 2014 Internal Guideline issued by NPPA


Now according to this "Internal Guideline" NPPA gives itself the power to Monitor Inter Brand Price Difference and if required.

Now there is New question that the Moron Ajay Maken (I think roaming with Rahul Gandhi has taken a toll on his Mental capacities) has to answer, if NPPA gave itself some powers in May, 2014 and notified it in July, 2014 and then revoked it on 22nd September, 2014, how come Ajay Maken shows a Price Benefit of Critical drugs (Refer his Blog: ajaymakenblog.wordpress.com) during UPA Tenure

Exhibit 3: Price after UPA Intervention 


Now how is it that UPA Government which ceased to exist in April, 2014 was able to make an Price Intervention via an "Internal Guideline which came into effect after the New NDA Government came to power. 

So LOGICALLY speaking, if the "Internal Guidelines" did reduce the price (which it did not) then there was NO ROLE that UPA played in it. And as it has already been observed by the Delhi HC, NPPA has the Authority to any time put a cap on drugs irrespective of it being on any list or not.

BTW in July NPPA (under NDA government) issued a notification to include 108 Non-Scheduled Formulations (Drugs) in the Controlled Price List.

The List can be Viewed here: http://nppaindia.nic.in/wh-new-2014/wh-new-44-2014.html

There is no withdrawal notice for this notification. So logically speaking this order is still in order.

So the People with brains will now understand that OPPI & IPA have challenged the NPPA "Internal Guideline" notified issued in May, 2014, and because the 108 Non-Scheduled Formulations (Drugs) came into effect in July, 2014, and later came Withdrawal notification, the OPPI represented by Kapil Sibal has asked HC of Delhi to block the notification to which HC asked the NPPA to file an affidavit how does exercise its power to control drugs price in the view of the withdrawal notification.

CONgressiyon Sudhar jao! Aur AAPturds Bhedchaal band karo kabhi to apni khudki akal lagao!

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