UNION OF INDIA vs BGP PRODUCTS OPERATIONS GMBH AND HAGENE IMMERMATT WEG

The Supreme Court upheld the Delhi High Court's decision to quash the Notification dated 27.04.2018 issued under Section 26A of the Drugs and Cosmetics Act, 1940, which restricted the manufacture of Oxytocin formulations solely to public sector undertakings. The Court found that the notification violated the principles of fair competition and access to essential medicines, as Oxytocin is recognized as an essential drug by the WHO. Consequently, the Court ruled that the notification would not come into force, thereby allowing private sector companies to continue manufacturing Oxytocin for domestic use.