DOP rejects Review Petition of Lupin against ceiling price fixation for its combinations

Department of Pharmaceutical rejected the review petition of Lupin " Lupin has not implemented the price notification"

New Delhi: Through a recent decision, the Department of Pharmaceuticals has rejected the review application filed by pharma major Lupin against the decision of National Pharmaceutical Pricing Authority (NPPA) fixing the ceiling prices of their formulations containing Voglibose 0.2 & 0.3mg + Metformin 500mg. and Voglibose 0.2mg + Metformin 500mg. and Glimepiride 1mg & 2mg

It is reported that NPPA though its notification S.O.No.3727(E) dated 23.11.2017 had fixed the price ceiling prices of their formulations containing Voglibose 0.2 & 0.3mg + Metformin 500mg. and Voglibose 0.2mg + Metformin 500mg. and Glimepiride 1mg & 2mg.

Challenging NPPA Lupin Pharma has filed a petition under paragraph 31 of the Drugs (Prices Control) Order, 2013 against said notification issued by the National Pharmaceutical Pricing Authority

However , the DOP rejected the petition outrightly noting that the petition Lupin stated in its review application has stated that it has not implemented the price notification before filing the Review Application. Nothing that this was in violation of the DPCO 2013, the Department of Pharmaceuticals in its order stated

This is an Order on an application filed under paragraph 31 of the Drugs (Prices Control) Order, 2013 (hereinafter called the DPCO) by M/s Lupin Ltd. (hereinafter called the applicant) against notification S.O.No.3727(E) dated 23.11.2017 issued by the National Pharmaceutical Pricing Authority fixing the ceiling prices of their formulations containing Voglibose 0.2 & 0.3mg + Metformin 500mg. and Voglibose 0.2mg + Metformin 500mg. and Glimepiride 1mg & 2mg. 2.

The applicant company, in its review application, has stated that it has not implemented the price notification before filing the Review Application. As per Para 31 of DPCO, 2013, it is mandatory for the applicant company to implement the ceiling price of the formulation before filing the review petition. Therefore, the application is not considered for review and stands rejected.

The order was Issued the 5th day of September 2018.

Attached is the copy of the order below