A public interest writ petition praying for a direction to the
Commissioner and the Designated Officer (DO) for Food Safety and Drugs
Administration to take action against Dr Tamilselvi Periasamy and Kovai
Medical Centre and Hospital, Coimbatore for prescribing a drug, which
was unfit for human consumption, under the Food Safety and Standards
Act, 2006, was filed in the Madras HC.
According to Kasthuri (46), she consulted Dr Tamilselvi for treatment
of obesity earlier this year, who prescribed Slim Drink Starter Level 1
and Slim Drink Ultra Level 2. Kasthuri purchased the prescribed
medicines from the hospital, but doubting its worthiness, sent them to
the Food Analyst, King Institute in Chennai, for analysis.
The analysis reports stated that drugs were unfit for consumption and
hence an unsafe food as per Sec 3(1) (zz) (iii) & (x) of FSS Act
2006, adding that the drugs were misbranded.
Kasthuri then made a representation on July 2 to the Commissioner
here to take action against the hospital and the doctor. The
Commissioner forwarded the complaint to the Designated Officer in
Coimbatore with a direction to proceed against the persons accused, in
accordance with law a month back, but no action was taken and the drugs
were still available in the market and continued to prescribed for
treatment of obesity, even to pregnant women.
The failure on the part of the DO to take appropriate penal action
against the doctor and the hospital, in accordance with the provisions
of FSS Act, pursuant to her complaint dated July 2, would be violative
of Articles 14 and 21 of the Constitution, petitioner contended.
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