Centre’s response sought on plea against its order notifying medical devices as ‘drugs’

The Delhi high court on Wednesday asked the Centre for a response on a plea challenging its decision to notify devices like blood monitors and digital thermometers

The Delhi high court on Wednesday asked the Centre for a response on a plea challenging its decision to notify devices like blood monitors and digital thermometers “as drugs”.

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A bench of chief justice D N Patel and justice Prateek Jalan issued a notice to the Union health ministry on a petition by the Surgical Manufacturers and Traders Association (SMTA). The association has argued that notifying the devices as drugs will result in a substantial hike in their prices, which would make them unaffordable for a large section of society.

SMTA has also contended that representations made by it and other stakeholders were not considered at the time the decision was taken.

The court listed the matter for hearing with a petition moved last year by SMTA challenging a notification which declared blood monitoring devices, digital thermometers, nebulizers and glucometers as “drugs” under the Drugs and Cosmetics Act. Both the matters would be now listed on January 29, 2021.

The association has submitted that the notification is unreasonable, arbitrary, and would cause undue hardship to stakeholders on the supply and demand side.