DALIT ONLINE

Bi – weekly

Editor: Nagaraja.M.R.. Vol.16.....Issue.09........30/01/2020

RTI Appeal to Honourable Chief Justice of India

Refer RTI Application: JUSTC/R/E/20/00355

Honourable Sir

Please read the following PILs filed years ago before SCI. Hereby I want information from you about the
status of action taken regarding following PILs. Please remember each day delayed is causing hundreds of
deaths, thousands of disabilities in public. These deaths in reality are murders by MNCs and indian judiciary.

Thank you

NAGARAJA Mysuru Raghupathi

PIL – KILLER MEDICINES COLAS NOODLES

IN THE SUPREME COURT OF INDIA ORIGINAL JURISDICTION

CRIMINAL WRIT PETITION NO. OF 2015

IN THE MATTER OF

NAGARAJA . M.R

editor SOS e Clarion of Dalit & SOS e Voice for Justice

# LIG 2 , No 761 ,, HUDCO First Stage , Laxmikantanagar ,
Hebbal , Mysore – 570017 , Karnataka State
.
....Petitioner

Versus

Chief Secretary Government of Karnataka & Principal Secretaries , Food & Health , Government of
India ....Respondents
PETITION UNDER ARTICLE 12 to ARTICLE 35 & ARTICLE 51A OF THE CONSTITUTION OF
INDIA FOR ISSUANCE OF A WRIT IN THE NATURE OF MANDAMUS UNDER ARTICLE 32 &
ARTICLE 226 OF THE CONSTITUTION OF INDIA.

To ,
Hon'ble The Chief Justice of India and His Lordship's
Companion Justices of the Supreme Court of India. The
Humble petition of the Petitioner above named.

MOST RESPECTFULLY SHOWETH :

1. Facts of the case:
"Power will go to the hands of rascals, , rogues and freebooters. All Indian leaders will be of low
calibre and men of straw. They will have sweet tongues and silly hearts. They will fight among
themselves for power and will be lost in political squabbles . A day would come when even air &
water will be taxed." Sir Winston made this statement in the House of Commons just before the
independence of India & Pakistan. Sadly , the forewarning of Late Winston Churchill has been proved
right by some of our criminal , corrupt public servants.

2. Eventhough certain food products are banned & certain medicines are banned in developed
nations , still they are permitted to be manufactured & sold in india.

3. Eventhough certain food products & medicines are manufactured within stipulated limits of
ingredients in developed nations , the multinational companies cross those limits in india.

2. Question(s) of Law:
Are the lives of millions of Indians cheaper , dispensable ? Are the lives of Indians cheaper than the
lives of white skinned people in developed nations.

3. Grounds:
Requests for equitable justice , protection of indian’s lives & prosecution of guilty public servants who
permitted manufacturers / sellers of killer noodles , killer colas & killer medicines.

4. Averment:
Multinational companies , private companies in their greed for money are violating norms by
established international bodies and making money by slowly killing people , by their fake food
products & fake medicines. Our own corrupt central government & state government public servants
are giving licenses , clearances to those companies to carry on their illegal businesses. Who will
bear the cost of loss of lives , damages to health of gullible public , hapless Indians ?
Hereby , I do request the honorable supreme court of India to consider this as a PIL for : “writ of
Mandamus” and to issue instructions to the concerned public servants in the following cases to
perform their duties & to answer the questions.

The Petitioner has sent many letters / appeals / petitions to supreme court of india & other courts
through e-mail , DARPG website & through regular mail requesting them to consider those as PILs.
But none of them were admitted , even acknowledgement for receipts were not given. See How
duty conscious ,our judges are & see how our judges are sensitive towards life , liberty of citizens ,
commonmen & see how careless our judges are towards anti national crimes , crimes worth crores
of rupees. That the present petitioner has not filed any other petition (which are admitted by courts)
in any High Court or the Supreme Court of India on the subject matter of the present petition.

PRAYER:
In the above premises, it is prayed that this Hon'ble Court may be pleased:
(i) Hereby , I do request the honorable supreme court of India to consider this as a PIL for : “writ
of Mandamus” and to issue instructions to the concerned public servants in the following cases to
perform their duties & to answer the questions.
(ii) to pass such other orders and further orders as may be deemed necessary on the facts and in
the circumstances of the case.

FOR WHICH ACT OF KINDNESS, THE PETITIONER SHALL BE DUTY BOUND, EVER PRAY.

Kindly read full details at following web page :

https://sites.google.com/site/eclarionofdalit/pil---threat-to-judge ,

Dated : 11th June 2015 FILED BY: NAGARAJA.M.R.

Place : Mysuru , India PETITIONER-IN-PERSON

Threat to Women JUDGEs - PIL

https://sites.google.com/site/eclarionofdalit/pil---threat-to-judge ,

Editorial : KILLER COLAS, KILLER NOODLES , KILLER FOODS & KILLER MEDICINES OF
INDIA

- ILLEGAL FOOD , FAKE MEDICINES , COUNTERFEIT MEDICINES OF INDIA

Government officials murdering innocents in league with greedy industrialists

In india, & many other 3rd world countries , the larger corporations , MNCs & industry lobby isliterally
running the governments. They are grossly abusing human rights of people. Hereby, HRW calls upon
GOI to rein in those corporations. It is not the first time that , the harmful effects of colas – food
beverages are made public. The government is aiding the cola companies in covering-up their crimes
, in hiding harmful ingradients of their products in the name of trade secrets. The
government is yet to enact a new food legislation making it mandatory for all manufacturers of food
items to specifgically mention the type & quantity of ingradients on each food product. Even , under
the present food Act itself the government officials can ban the harmful colas & other products in the
interest of public health & lives. Then how will they get kickbacks ?

The cola companies are so cunning & ruthless that they have used muscle power – rowdies , corrupt
police personnel & assaulted harmless peaceful protestors. The cola companies have purchased
justice previously in kerala & got favourable judgement. Due to presence of cola companies , under
water table has depleted in surrounding villages. The farmers are
unable to grow their crops & are committing suicides. One of the senior executive of a cola company –
BEJOIS , MADE MURDER THREATS , FIX-UPS IN FALSE CASES TO EDITOR OF HUMAN
RIGHTS WATCH'S and even made false
complaint to police , but repeatedly failed to turn-up for enquiry fearing that truth will come out. The
police closed the case subsequently.

In India , many medicines / drugs manufacturing companies are silently murdering thousands of
innocent patients. Some of these companies are manufacturing counterfeit drugs of popular brands.
Some MNCs , big drug companies are in cheating business , they are just filling chalk powder in
tablets where as on the outer cover they mention ingradients & quantities of it which are not at all their
in the product. The patients who are taking these chalk powder tablets , hoping that they will get cured
of diseases are dying due to lack of proper medication. These greedy , cheating drug companies are
also exporting these counterfeit drugs to many third world countries like Nigeria. The drugs controller
of Nigeria has caught hold of evidences about these illegal drugs & their import from India. These
companies with the aid of mafia even tried to finish her off. The GOI is yet to take action on her
complaint. Silence of GOI bought for a price by drug companies.

Just a few years back , there was a programme called "bad medicine" on BBC channel , where in the
drugs controller for nigeria proved that 95% of drugs in nigeria are fake & 80% of them are being
exported from india. These indian fake medicines are killing hundreds of innocents in nigeria & she is
crusading to control to control it. She has survived murder attempts by the pharma drugs mafia linked
to india. She came over to india along with BBC correspondent & under- cover they went to greedy
industrialists. The said industrialists- FAKE SPECIALISTS boasted how they fake the holograms ,
labels of big MNCs , how they add chalk powder , paracetamol to all tablets , how they gifted imported
car to a chief minister in return for protecting their crimes fake businesses , etc. At the end, the drugs
controller for india , refused to give an interview, EVEN TO MEET the BBC correspondent, fearing
that all his beans will spill out.

just few years back in karnataka, honourable lokayukta justice N.Venkatachala raided certain
pharmaceutical companies & drugs control department officials and unearthed a huge scam of
Rs.200 crore of fake medicines. However the government didn't take any action as politicians were
also part of the ring & threw the report on a back burner. In india, how many are dying due to fake
medicines – the corrupt officials are covering the numbers & shielding the murderers the greedy
industrialists.

Previously HRW has appealed to government authorities including supreme court of India , but to no
avail. It is a sad pointer to the grim fact that in India there is no value for human lives & the long arm
of corruption has even reached the apex court.

JAI HIND , VANDE MATARAM , GOD' SAVE MY INDIA.

Your’s Sincerely,

Nagaraja M R

NESTLE , COCA-COLA , PEPSI COLA , FRITO LAY , GSK & Other MNCs
-Are you disclosing full information to the consumers about contents of your products ?

various soft drink manufacturers & bottled drinking water manufacturers draw their raw material-
water from the tube wells . nowadays due to excessive usage of chemical fertilizers , pesticide ,
insecticides , the ground water table is polluted by these chemicals . these are very harmful for
human beings. In some areas even the ground water is poisoned by arsenic & flouride . In addition
the soft drink manufacturers use chemical flavours , food additives & preservatives in their products .
these are also harmful to human beings above certain limits.

Some of the MNCs are practicing double standards , while in their home operations in the U.S.A or
EU they are strictly adhering to F.D.A / EU norms as consumer safety is strictly enforced there by the
government , while in India they have
thrown to wind the consumer safety with respect to indian operations. The situation is so worse that it
has been reported in
the media that SOME FARMERS ARE USING THESE SOFT DRINKS AS PESTICIDES IN THEIR
FARMS. Does NESTLE , COCA COLA & other MNCs think that lives of their countrymen back home
precious where as life of Indians & people of developing nations expendable. Is it not a shame that
they want money , profits from businesses in the same india & other developing nations. The sad part
is our own greedy , corrupt public servants give clearances to these criminal MNCs in first place.
That is why in the first place our corrupt public servants who gave clearances to these criminal MNCs
must be legally prosecuted.

Hereby, i want following questions answered by MNCs specifiacllay NESTLE , GSK , coca-cola &
pepsi,

1.how you are removing the harmful chemicals from the tube well water ie your raw material ?

2.how you are ensuring the proper mixture of food additives , preservatives & flavours within safe
limits ?

3.why not you are giving the exact quantity of all contents in the soft drink of your's on the product
itself ?
4. are you exactly replicating your manufacturing & quality norms of your U.S.A operations in india ? if
not why ?

5.are you strictly adhering to food norms of government of india ?

6. are you keeping the F.D.A NORMS OF U.S.A as benchmark for your operations in india ?
7. are you ready for the laboratory test of your product
ly selected
random by the consumer ?

8. Are they using genetically modified food ingredients ?

9. are they using ingredients sourced from animal origins ?.

Nestle Baby Milk Contamination

16:33, UK,Sunday 21
September 2008

Supermarkets have recalled Chinese-made Nestle milk powder after it was found to be contaminated
with an industrial chemical.

Hong Kong's two major supermarket chains took the product off shelves after a newspaper reported
it contains melamine, which can cause kidney stones and renal failure in young children.

Apple Daily said tests it commissioned showed NeslacGOLD 1+ growing up milk made in China's
north-eastern Heilongjiang province contained the substance.

The Hong Kong government has now confirmed it found melamine in Nestle's Dairy Farm brand milk,
made by a Nestle subsidiary in the Chinese coastal city of Qingdao.

It says the milk does not pose a serious health risk, but should not be fed to young children.

A spokeswoman for Nestle told Sky News Online that the scare does not involve the UKMARKET .

She added: "None of the milk products supplied to Nestle UK limited are from China."

The news comes after a baby milk scandal on the mainland, which has so far killed four infants and
left thousands more ill.

A government food quality watchdog in China said nearly 10% of milk and drinking yoghurt samples
from three major dairy companies contained melamine.

The World Health Organisation (WHO) has slammed Beijing for initially failing to alert the
international community about the scandal.
Beijing has monitored 6,244 cases of people ingesting formula tainted with melamine, WHO Western
Pacific director Shigeru Omi told a news conference in Manila.

While there have been no confirmed cases of tainted milk being exported to other countries, both
Hong Kong and Singapore have had similar problems.

Hong Kong reported its first case after a three-year-old girl was found to have a kidney stone after
drinking Yili brand milk.

A number of countries have banned Chinese milk imports, and WHO officials acknowledged the
problem may be bigger than already known.

One other country it would not name has been queried about possible melamine contamination on its
"fish feed" products.
WHO food safety expert Tony Savage declined to give details.

WHO experts are now helping China improve quality control for its food products.

Some 65 Chinese brands have been identified as being contaminated with melamine.

There are claims that manufacturers used the chemical to fraudulently boost the protein content of
their products.

Maggi ban: Criminal case filed against Nestle India, its 9 directors and brand ambassadors

New Delhi: In a new development for the troubled Nestle, Mumbai-based NGO Watchdog Foundation
on Monday filed a criminal case against the Indian arm of the Swiss multinational giant, Nestle India,
and its nine directors over the Maggi noodles issue.

The case, which was filed in Metropolitan Magistrate Court, Andheri in Mumbai, also named Maggi
brand ambassadors like Amitabh Bachchan, Madhuri Dixit and Preity Zinta in the lawsuit.
Earlier in the day, the Food Safety and Standards Authority of India (FSSAI) has ordered testing of
branded noodles, pasta and macaroni made by firms including ITC, GSK Consumer, Ruchi
International, Indo Nissin, besides Nestle.

Last week, the FSSAI has ordered recall of all variants of Maggi noodles from the IndianMARKET ,
terming them “unsafe and hazardous for human consumption”.

Following the FSSAI direction, many Indian states like Delhi, Maharashtra, Punjab, Assam, Bihar,
Madhya Pradesh, Tamil Nadu, Jammu and Kashmir, Gujarat, Uttarakhand and Goa have banned
Maggi noodles amid mounting food safety
concerns and several laboratory tests reporting excessive lead in it.

Clamping down further on Nestle, the government has dragged the Maggi issue to the National
Consumer Disputes
Redressal Commission (NCDRC) for “unfair trade practices and misleading advertisements” and may
seekFINANCIAL penalties among other actions.

Children are banned from buying fizzy drinks such-Cola

as Coca
and Dr Pepper in Russia 'to protect the health o
minors'
· The ban includes carbonated drinks containing caffeine or plant extracts
· Applies to Western soft drinks, including Coca-Cola, Dr Pepper and Mountain Dew, as
well as domestic products such as Baikal
· Restrictions came into effect on January 1, but don't apply to tea or coffee

Children in Russia gave been banned from buying fizzy drinks 'in a bid to protect their health'.

The local parliament banned the sale of fizzy caffeinated drinks to minors in the country's Vologda
region.

The ban includes carbonated drinks containing caffeine or plant extracts, which applies to Western
soft drinks, including Coca-Cola, Dr Pepper and Mountain Dew, as well as domestic products such as
Baikal.

But tea and coffee is not restricted, according to The Moscow Times.

The restrictions came into effect on January 1.

An overview of the law on the regional legislative assembly's website states stores will have to ask for
identification when selling certain soft drinks to young people.

In addition to the outright ban on sales of carbonated caffeine drinks to minors, the law also prohibits
their sale in 'children's, educational and medical institutions, as well as cultural and sports centers.'

Yevgeny Korotkov, chair of the parliament's committee on economic policy and property, said the ban
has been put in place to protect the health of minors.

He said: 'We received an expert opinion on the effects of these drinks on the body of children and
adolescents, and they have a very negative impact.'

It comes as Deputy Prime Minister Igor Shuvalov told the World Economic Forum in Davos,
Switzerland, that Russians are prepared to 'eat less' for President Vladimir Putin.

Speaking at the World Economic Forum in Davos today, he warned the West against trying to topple
Putin and said that Russians are ready to sacrifice their wealth in support.

BANL’OREAL& OTHER COSMETICS from MNCs

What is a Fixed Cut

-off Date (FCOD) and why is it important?

The Fixed Cut-Off Date Animal Testing Policy is recognised as the benchmark for cruelty free
cosmetics / toiletries and household cleaning products worldwide.

Virtually all ingredients have been animal-tested in the past and testing of new ingredients is an
ongoing activity. Companies with a FCOD policy will not use any ingredient tested on animals after a
specific date, and insist that their suppliers comply with this. This is why adopting a FCOD is so
important - these companies are discouraging current or future animal testing. The older the FCOD,
the more ethical the company. These companies deserve our support and custom.

Most suppliersTRADE with hundreds of companies at one time, some of which operate to a FCOD
policy, and others that do not. It is because of this, some companies go one step further by
committing to only use suppliers that have no connection to animal testing at all, only supplying
ingredients with a FCOD. This policy is called a Supplier Specific Boycott and is in addition to a
company having a FCOD, which increases the pressure on all suppliers to end testing.

Why doesn’t Naturewatch support the 5-year Rolling Rule animal testing policy?

The Five-year Rolling Rule applies to ingredients that haven’t been tested on animals only in the past
5 years. As it is not a fixed date, an animal tested ingredient may be excluded one year but included
the following year. Naturewatch does not endorse this policy as it does nothing to discourage current
and future animal testing.

Hasn’t animal testing of cosmetics & toiletries been banned in the UK and throughout the EU?

On 11th March 2013, the EU Cosmetics Testing Ban came into force, which means that any company
wishing to sell cosmetic products within the European Union must ensure that none of the ingredients
or finished products, have been tested on animals anywhere in the world since 11th March 2013.

However, even though multinational companies have to abide by the EU Cosmetics Testing Ban for
products they sell within the EU, they continue to sell newly developed products outside of the EU,
which by law require animal testing.

By purchasing their products you are effectively helping them toFUND their animal testing activities
for their internationalMARKET .

What do companies mean when they mention a string of bans on animal testing that have
come into force over the years?

1997 (UK) Ban on the use of animals to test cosmetic finished

products 1998 (UK) Ban on the use of animals to test cosmetic

ingredients

2004 (EU) Ban on the use of animals to test cosmetic finished products

2009 (EU) Ban on the use of animals to test cosmetic ingredients & Ban on theMARKETING of
animal tested finished cosmetic products

2013 (EU) On 11 March 2013, a full marketing ban came into force, preventing any finished cosmetic
products or cosmetic ingredients that have been tested anywhere in the world to be sold within the
EU.

Does the EU cosmetics testing ban mean all companies are now cruelty-free?

No. The EU Ban does nothing to stop multinational companies Like L’Oréal and Unilever from
continuing to use animals elsewhere in the world to test newly developed ingredients in order to come
up with the latest miracle cream for the personal care market outside of the EU.

That means money you spend on cosmetics and toiletries from large multinational companies here in
the EU could be used toFUND animal testing for ingredients used in products sold outside of the EU.

Does it mean that all personal care products on sale in the EU are cruelty free?

No. The ban only affects NEW products, not the ones already on our shelves! This means that
products manufactured by multinational companies such as L’Oréal and Unilever that were already in
the market place prior to 11th March 2013 will continue to line our shop shelves. Every single one of
those products were developed using animal testing!

Now the EU Cosmetic Testing Ban is in force, does it mean I can stop boycotting companies
like L’Oréal?

No. Even with the ban now in place, multi-national companies that don’t have a Fixed Cut-Off Date
like L'Oréal and Unilever will still test new ingredients on animals and sell them outside of Europe.
With this in mind, the profits made on the sale of products manufactured by the likes of L'Oreal could
still go towards animal testing.

So boycotting these companies is still very important. We must shout even louder and make our point
very clear because multinational companies are making full use of this golden opportunity that the
ban presents to pull the wool over the eyes of consumers. Don’t be fooled into believing their
propaganda!

If a cosmetics and toiletries product says ‘Cruelty Free' , or has a rabbit on it, does that mean
it’s not been tested on animals?

Since the implementation of the EU cosmetics testing ban, all newly-developed cosmetics and
toiletries sold within the EU will not contain ingredients that were tested on animals anywhere in the
world after March 2013.

However, large multinational companies like L’Oreal and Unilever continue to test on animals in order
to come up with that latest miracle cream for the personal careMARKET outside of the EU. That
means money you spend on cosmetics and toiletries from large multinational companies here in the
EU could be used to fund animal testing for ingredients used in products sold outside of the EU,
which means they are not cruelty-free.

In addition, claims such as “We do not test on animals” are meaningless as other companies are often
contracted to carry out the testing. Also, you often see “Against Animal Testing” on packaging, which
tells you nothing about the specific product you are thinking of buying.

Are animals tested upon for household products and their ingredients?

Yes, throughout the UK and the EU, there is no ban in place to prevent the testing or sale of
household products tested on animals.

When the Coalition Government came into power in the UK in 2010, it promised to ‘end the testing of
household products and their ingredients on animals’, but there’s been next to no progress towards
achieving this goal.

EU legislation requires the testing of new chemicals and re-testing of some substances including
those produced in bulk quantities. These substances include Optical Brightening Agents (OBA’s) and
enzymes in laundry products; anti-microbial cleaning products and air fresheners to name a few.
Rabbits, guinea pigs, mice, rats and fish are used to test acute toxicity, chronic systemic toxicity, Skin
irritation, Sensitisation, Mutagenicity, Carcinogenicity, Reprotoxicity, Teratology.

Owing to the very nature of household cleaning products, these tests are often even more intrusive
and harmful to the animals involved.

If a household product says ‘Cruelty Free' , or has a rabbit on it, does that mean it’s not been
tested on animals?

If only it was that easy! This may be true of the finished product but what about the ingredients, which
is where most animal testing takes place. In addition, claims such as “We do not test on animals” are
meaningless as other companies are often contracted to carry out the testing. Also, you often see
“Against Animal Testing” on packaging, which tells you nothing about the specific product you are
thinking of buying.

Do I still need to use the Naturewatch Compassionate Shopping Guide now the ban is in
place?

Yes. Companies are continuing to develop products using animal testing for sale outside of Europe.
So boycotting these companies is more important than ever in order to bring an end to animal testing
for vanity products throughout the world.

Plus, remember the Parent Company issue: even if a company says it's cruelty free and it's endorsed
by other organisations, if it has a Parent Company that doesn't have a Fixed Cut-Off Date in place
then it won't be endorsed by Naturewatch as cruelty free. The only way you can be sure your
purchases are cruelty free is by using our Compassionate Shopping Guide.

Naturewatch consistently follows the policy of the parent company. This is because, ultimately, profits
made by a subsidiary could be used toFUND the activities of the parent company. Therefore, even if
a subsidiary company has a FCOD in place, it cannot be endorsed if the parent company does not. If
a company is genuine in its commitment to help end animal testing, neither it nor its parent company
will benefit from the use of recently tested ingredients. These companies have thereby pledged not to
contribute to the demand for the development of new ingredients.

Why do you still boycott The Body Shop? They say their products are cruelty-free and are
endorsed by PETA and BUAV?

The profit from purchases made at the Body Shop, and more recently Urban Decay, can be used by
L’Oréal, their PARENT COMPANY. L’Oréal, along with many other multi-national organisations, are
continuing to use animal testing in the development of new products for sale outside Europe.

If a product isn’t tested on animals, is it safe for humans?

There are many reliable, non-animal testing alternatives available, including cell and tissue cultures
and sophisticated computer and mathematical models. Cruelty free companies can use a combination
of methods to ensure safety, such as employing in-vitro tests and/or conducting clinical studies on
humans. Companies can also formulate products using ingredients already determined to be safe.

Some companies say they stopped testing on animals years ago, so why aren’t they
endorsed?

These companies publish cleverly worded statements, sidestepping the key issue, using the various
bans that have come into force over the years as a way to pull the wool over your eyes.

The simple truth is, they continue to use newly developed ingredients by contracting another company
to conduct the animal tests on their behalf. To read more about this and get a bit of help of how to
read between the lines, please click here.

Why isn’t the company I’m searching for in the Naturewatch Compassionate Shopping Guide?

This is because it’s an impossible task for us to include every single company and brand that exists.
However, you can help us build our database by writing to them yourself. Companies are more likely
to respond to customer requests to adopt a cruelty free animal testing policy, due to the threat of
losing business from you. The more customers who contact them, the more likely they will consider
adopting a cruelty-free policy.

You can also visit the Lobbying industry section of our website where you will find a template letter
you can download.

How many animals are used in experiments?

The latest figures released by the Home Office confirm our worst fears - the number of animal
experiments carried out in Britain continues to spiral upwards and out of control.

About 4.1 million experiments using animals took place in 2012, up from 3.8 million in 2011. This
represents a sharp rise of 8% in just one year!

Why is a company previously endorsed not endorsed in the latest edition of the Naturewatch
Compassionate Shopping Guide?

In the main, this is due to company acquisition. There have been a few high profile takeovers in
recent years. The ones which generate the most interest are L’Oreal’s acquisition of The Body Shop
and Urban Decay (November 2012) and Avon’s acquisition of Liz Earle Skincare. However, there are
also a few companies that have let the animals down by dropping their Fixed Cut-Off Date in order to
profit from more recently tested ingredients.

How can I lobby companies to become cruelty-free?

As a consumer, your voice is louder than you think! Please visit our Lobbying Industry page to find
out how and download a sample letter to send to companies.
Globally Banned Drugs
sold in India

Life, itseems, comes cheap for the health officials of our country. Otherwise how else would you justify the exi
withdrawn elsewhere in the world but still sold and prescribed in India? India has become a dumping
ground for banned drugs. The business for production of banned drugs is blooming and because there
are more consumers here and all illegalities are duly obeyed. The irony is that very few people know
about the banned drugs and consume them unaware, causing a lot of damage to themselves. The
pharmaceutical companies and defaulters are playing with the lives of thousands of people who are
not aware of the harmful effects of the drugs they sell.

According to a health ministry source, monitoring of adverse drug reaction is not followed in the
curriculum for medical students in India and majority of doctors do not maintain records on patients.
Assessing adverse drug reaction is not an easy task and in a developed country like the US not more
than 10% of the side effects are recorded. Whenever a drug is banned by the Drug Controller of India,
it should stop being available in the market. But there are times when a drug is banned yet continues
to be sold for a few months till stock lasts.

As big time business enterprises and small time defaulters, pharmaceuticals have been growing in
every direction. There are few provisions for a proper check and control of spurious drugs in Indian
markets. Worst than that is the little knowledge and slapdash attitude of the buyers. Even at this time,
a large population takes medicine and drugs without prescribing a doctor, which in fact is a very
wrong decision and can be dangerous.

List of Dangerous Drugs that have been globally discarded but areavailable in Indian markets:

Analgin
It is a painkiller
Reason for ban: Bone marrow depression
Brand name:
Novalgin
Cisapride
For acidity, constipation
Reason for ban: Irregular heartbeat
Brand name: Ciza, Syspride

Droperidol
Anti-depressant
Reason for ban: Irregular heartbeat
Brand name: Droperol

Furazolidone
Anti-diarrhoeal
Reason for ban: Cancer
Brand name: Furoxone, Lomofen

Nimesulide
India has become a dumping ground for banned drugsPainkiller, fever
Reason for ban: Liver failure
Brand name: Nise, Nimulid

Nitrofurazone
Anti-bacterial cream
Reason for ban: Cancer
Brand name: Furacin

Phenolphthalein
Laxative
Reason for ban: Cancer
Brand name: Agarol

Pheylpropanolamine
Cold and cough
Reason for ban: stroke
Brand name: D’cold, Vicks Action – 500

Oxyphenbutazone
Non-steroidal anti-inflammatory drug
Reason for ban: Bone marrow depression
Brand name: Sioril

Piperazine
Anti-worms
Reason for ban: Nerve damage
Brand name: Piperazine

Quiniodochlor
Anti-diarrhoeal
Reason for ban: Damage to sight
Brand name: Enteroquinol

Many doctors, experts say, they are unaware of the researches being conducted worldwide.Many
spurious drugs that have been banned, withdrawn or marketed under restrictions in other countries,
continue to be sold in India. Regulations in India and US vary. In the US, drugs are not banned; they
are withdrawn from the market. When a certain drug is found to have side affects, Indian regulatory
authorities should also withdraw it from the market. Unfortunately that does not happen. Drugs
continue to be available over the counter because doctors keep prescribing it. Till the time the drugs
are not banned by regulatory authorities, no doctor can be blamed for prescribing it and as long as
doctors keep prescribing, chemists will keep selling these drugs.
To ensure maximum safety and security, it is advisable to get only drugs prescribed by a medical
practioner. Also, ask for the details like the name of the company that manufactures it. Always buy
medicines from a recognized drug store. The issue is severe and we must not delay in spreading the
warning message to the offenders and innocent people.

SC slams lax government for illegal clinical trials

Mounting deaths due to alleged unauthorized clinical trials of drugs on humans took centre stage in
the Supreme Court which pulled up the Centre and the Madhya Pradesh government for showing lack
of sensitivity and urgency in collecting data and responding to a public interest litigation.

Though it refused to order a roving inquiry into the alleged rampant illegal clinical trials of drugs, a
bench of Justices R M Lodha and A R Dave expressed concern over the lethargic manner in which
the Union government gathered data and the MP government took action against erring doctors.

"Every day, one death is allegedly taking place. If it is true, it is most unfortunate. People are dying
and the state government is saying it is taking action when meagre penalties are being imposed on
erring doctors. There cannot be laxity in this issue. Though we have issued notice (on the PIL) in
February, the Centre has not responded. We do not know what information it is gathering. But the
matter appears serious," the bench said while asking the Centre and the state governments to
respond in six weeks.

Appearing for petitioner NGO 'Swasthya Adhikar Manch', advocate Sanjay Parikh said the Economic
Offences Wing had identified doctors who carried out clinical trials of drugs on humans, mostly
women, children and mentally retarded, but the Madhya Pradesh government had let go the accused
by imposing a fine of just Rs 500.

Advocate Vibha Makhija attempted to salvage some ground for the state by promising action and
pleading that the state was not taking the petition as an adversarial litigation, but the bench was far
from impressed. It asked, "Why the laxity and lethargy in such a matter when every human life is
precious."

The court posed the same question to the Union government's counsel, senior advocate T S Doabia,
who promised to collate data and file it within six weeks.

Parikh sought a detailed probe into clinical trials of drugs being done illegally across the country and
quoted a parliamentary standing committee's March 2012 report to inform the court that 1,514
subjects had died between 2008 and 2010 in clinical trials, which made it more than a death per day.

"The committee also pointed out that 33 new drugs were approved for consumption by patients
without conducting any clinical trial," the counsel said.
When the petitioner requested for guidelines laid down by the court that could be the precursor of a
legislation, the bench said though the court was concerned by the magnitude of the problem, it was
for Parliament to intervene with legislative action.

The court also accepted senior advocate U U Lalit's plea for making Indian Society for Clinical
Research a party in the litigation even as the petitioner accepted that a total ban on clinical trials
would not be in the interest of the country.

However, Parikh said, "The court must find out what is happening in the name of clinical trials. To stop
unauthorized clinical trials, to withdraw drugs introduced illegally and take action against doctors,
authorities and sponsors are hand-in-glove in such trials, an investigation by the CBI is necessary."

Anywhere in the world, clinical trials are a carefully regulated area because of the obvious risks
involved. In India, with its high levels of illiteracy, the risks become even greater since it is much more
difficult for many of the potential 'volunteers' in trials to make an informed choice. Further, a public
healthcare system that is woefully inadequate leaves most people who are not well-off desperately
seeking any sort of treatment they can get. This again is a situation that heightens the possibility of
unscrupulous exploitation of those in desperate needs. If anything, therefore, India needs to be even
more cautious than most in regulating clinical trials. Our governments should be aware of this and act
accordingly.

India’s top court on Monday accused some drug companies of using Indians
a pigs”
like
in“guine
illegal clinical trials as it
ordered the government to submit a report on the practice.

Rights groups have raised concern that India has become a hotspot for drug trials, with hospital
patients sometimes used unwittingly to test new drugs by leading pharmaceutical companies.

Low costs, weak laws and inadequate enforcement and penalties have made India an attractive
destination for the tests, the groups say.

“This is most unfortunate that clinical trials take place and people are dying. What action has been
taken?” Supreme Court Judges R.M. Lodha and A.S Dave said on Monday in New Delhi.

“There has to be some sense of responsibility. Human beings are treated like guinea pigs.”

The judges also criticised the government for failing to submit a report in time in response to a public
interest case filed by a group of doctors and a voluntary organisation, Swasthya Adhikar Manch
(Health Rights Group).

The petitioners claim several patients in the central Indian state of Madhya Pradesh seeking medical
help were used in drug tests and this was “unethical and illegal”.

The group said they have compiled and submitted a report of more than 200 cases where patients
were subjected to clinical trials to check the efficacy of various drugs without seeking their permission.
In May, a government panel found serious problems with the way approvals for foreign drugs are
given and clinical trials are being carried out.

Earlier this year, 12 doctors accused of conducting secret drug trials on children and patients with
learning disabilities were let off after they paid fines of less than $100 each.

Faced with mounting criticism, the Indian Council of Medical Research in 2011 had sought proposals
from doctors and health activists on new draft guidelines for compensation to be paid to people
undertaking drug trials.

Pharmaceutical crime

A major threat to public health

Pharmaceutical crime involves the manufacture, trade and distribution of fake, stolen or illicit
medicines and medical devices. It encompasses the counterfeiting and falsification of medical
products, their packaging and associated documentation, as well as theft, fraud, illicit diversion,
smuggling, trafficking, the illegal trade of medical products and the money laundering associated with
it.

We are seeing a significant increase in the manufacture, trade and distribution of counterfeit, stolen
and illicit medicines and medical devices. Patients across the world put their health, even life, at risk
by unknowingly consuming fake drugs or genuine drugs that have been doctored, badly stored or that
have expired.

Illicit drugs can contain the wrong dose of active ingredient, or none at all, or a different ingredient.
They are associated with a number of dangers and, at worst, can result in heart attack, coma or
death.

The fight against counterfeit medicines is crucial in order to ensure the quality of products in
circulation and to protect public health on a global scale.

The increasing prevalence of counterfeit and illicit goods has been compounded by the rise in Internet
trade, where they can be bought easily, cheaply and without a prescription. It is impossible to quantify
the extent of the problem, but in some areas of Asia, Africa and Latin America counterfeit medical
goods can form up to 30% of the market.

The problem of organized crime

Organized criminal networks are attracted by the huge profits to be made through pharmaceutical
crime. They operate across national borders in activities that include the import, export, manufacture
and distribution of counterfeit and illicit medicines. Coordinated and cross-sector action on an
international level is therefore vital in order to identify, investigate and prosecute the criminals behind
these crimes.
INTERPOL's response

At INTERPOL, we are tackling this major problem in three main ways:

· Coordinating operations in the field to disrupt transnational criminal networks;
· Delivering training in order to build the skills and knowledge of all those agencies involved in
the fight against pharmaceutical crime;

· Buildingpartnership
s across a variety
f sectors.
o

If you would like to get involved with our work,contact

pleasesu.

BadMedicine
By Roger Bate

India is a center for counterfeiting—a profitable and deadly business that is spreading to the United
drug States and
Europe.

Fake drugs are lethal and a growing global problem. As much as 10 percentdrugs on the world market
of prescription are
estimated to counterfeit, although no reliable figures exist. Untold numbers offake drugs be , with
poor people die from countries
most at risk.
Many of the deadly medicines originate in India. I decided to visit to get a firsthand view.

Western companies trying to protect their intellectual property and brand integrity have led the way in
exposingIndia’s fake drugs. They are challenged by organized criminal rings that fakes on a global
profit from selling black
market.

Of course, the counterfeit problem in India is not limited to drugs. “Indians copy everything, and many
Western firms have given up trying to prevent it,” the former police chief of Delhi, Vijay Karan, told
me. “There is more Black Label whisky sold in Indiathan made in Scotland,” he jokes.
Butcounterfeitingdrugs is particularly attractive for knock-off specialists. They can be produced
cheaply and sold for high
prices. And, of course, it is nearly impossible India for a sick n, or anyone else for that matter, to
determine that a drug is fake. If the patient remains ill after taking the medicine, he might
fairly assume that it’s not the drug’s fault. And, at any
rate, the dangerous consequencesfake drug—if only in the lost opportunity to take a real drug that
of the would cure him—
may be discovered too late if at all.

India’s relatively unregulated drug distribution system fosters fakes. Indian consumers can buy most
drugs, including many that would require a prescription in the United States, over the counter at small
kiosk-like pharmacies. In rural areas, hundreds of millions of Indians buy drugs from traveling sellers
or local stores.

According to Karan, most of these products are sold locally. Still, he says, some “can find their way
into Western markets.”
He worries that ifdrugs get into foreign supply chains and kill or harm consumers, this willIndia’s
knock-off badly damage
commercial reputation abroad.

So today, retired from the police and security services, Karan advises privateIndian state and federal
companies and
government officials on how to stamp out the counterfeit trade.

The United States and Europe have acounterfeit problem India, for several reasons. First, all
much smaller than operations
in the pharmaceutical supply chain are watched over by rigorous national regulatory authorities.

Second, American and European customs officers have sophisticated inspection systems for
packages entering their markets. And, finally, Western pharmacists are typically well-trained
professionals, and their consumers tend to be discerning and well informed, and more likely to ask
questions if a product appears not to work. Even so, more and more fake drugs are leaking in.
One of the world’s mostdrugs is Viagra, used for the treatment of erectile dysfunction. The active
copied pharmaceutical
ingredient, sildenafil citrate, can be bought in India for 4,800 rupees ($120) a kilogram.

Counterfeit ers procure the active ingredient andfake pills, which may contain sildenafil citrate in
then produce a low
concentration or be contaminated with dangerous impurities and bacteria. In fake some instances,
rs will use chalk instead of the active ingredient.

The counterfeit ers can illegally buy the pill bottles used for legitimate pills for about 3fake labels cost
cents. Near-perfect
about 20 cents each. The active ingredient for 30 pills costs, at most, 25 cents. So, counterfeit for
about 50 cents, ers can make a bottle of Viagra with India. Ifcounterfeit an end value of between
the
$30 and $50 in ers have international
connections, then the profits can be even greater. A 30-pill bottle of a drug labeled as Viagra could
sell for as much as
$360.
In 2006, the European Commission’s customs departmentfake medicines, about a third of which
seized 2.7 million
originated India in . In 2005, the Drug Enforcement Administration investigated a Philadelphia-based
Internet pharmacy that smuggled an estimated 2.5 million dosages of drugs into the United
States from India, including the painkiller Vicodin,
anabolic steroids, and amphetamines.

Several multinational pharmaceutical firms spend a lot of time and effort trying to stamp out drugs.
illegal copies of their
They cultivate relationships with local consultants, who often have backgrounds as police officials or
pharmacists. The
consultants find outfake drugs are being produced and sold. They gather evidence to provide to
where local police, who
can conduct raids on the identified sites.

Combatingcounterfeits is painstaking work, often with little long-term reward. Shutting down one
manufacturer or trader
may be financially worth the cost of engineering the raid, but without criminal convictions and jail time
for perpetrators, raids
may not deter other actors withincounterfeit supply chain. Although there have been many
the prosecutions, to date there
have been no major convictions, says former police chief Karan.

One explanation for the lack of convictions is corruption. For counterfeiter toldBBC correspondent
example, a drug a that
he gave the chief minister Indian state a Bentley automobile from the counterfeit of an drug
sales. proceeds of his
Thecounterfeiter said that he wanted to “share the wealth around.”
Companies hoping tofakes—from Pfizer to Mercedes to Bausch & Lomb to Oxford University
combat Press—must satisfy
themselves with improving the situation one raid at a time. Suresh Sati, a consultant to large
multinational companies who
investigates intellectual property fraud, says that the first police raid in which he was involved, back in
1980, led to the arrest of a man illegally manufacturing copycat TV antennae. Since then, Sati has
watched the market for counterfeit drugs explode.

Raids by police instigated by Sati, Karan, and their counterparts are making traders in Delhi less
brazen. Karan told me that
six or seven years ago a well-known market openly advertisedcounterfeits, and offered discounted
and displayed prices to
retailers. But with frequent monitoring and raids, that is no longer the case. While the trade continues,
it is more
surreptitious, with deals done behind the scenes.
Partly as a result of increased vigilance in Delhi, the counterfeit trade has moved to the ancient city of
center of the Agra,
which is best known for the Taj Mahal. Agra is home to vast wholesale markets, where counterfeits
are sold along with
legitimate products. The largest of these sprawls over three stories with hundreds of small stores.
According to Dr. Uday
Shankar, a pharmacist with the Agra Government Hospital, 20 percent of the products sold fake, with a
in these shops are
total sales value in excess of $5 million a day. Another nearby market comprises at least 50 India
stores trading both legal n
copies of medicines and theircounterfeit Western counterparts. Still another market near the SN
Medical illegal College hosts, according to Shankar, 200 stores trading
in drugs.

Shankar told me, “Many doctors at the college will tell patients to buy drugsfrom particular vendors
within the market, some
to ensure that thesedrugs of decent quality, but others to intentionally direct them to
patients buy pharmacists
supplying fakes.”

In these situations, Shankar suggests the doctors are probably receiving kickbacks, at the expense of
patients.
Counterfeit production is the least understood part of the poorly studied supply chain. The
consensus of the police and
intellectual property experts I spoke
drugs with is that come fake drugs
from a wide variety of
different producers. Some of the are of pretty good quality, coming from otherwise legitimate
suppliers running shifts after hours with poorer hygiene and safety compliance.
Other drugs are produced in factories, houses and rundown dwellings, entirely inappropriate to
good manufacturing
practice.

After production, the pill manufacturer often medicines to another party, which will pack them and
passes the send the
products to the wholesale markets of Agra, Delhi, and other cities, says fake Karan. Making
packaging material is a specialist job, which is often done by another group at another location.

While in India, I joined the early stages of an investigation, undertaken by consultants to a variety of
Western firms, of a
facility packaging and distributing the final product to the market.

The facility’s remoteness illustrates how hard it can be to fake trade. The location (which I can’t name,
stop the because the
investigation is still pending) is a village 10 miles off a main road out of Aligarh, a city located 90 miles
southeast of the
capital, New Delhi. A single-lane, partly paved road runs through the village, pocked with potholes
straying bicycles, cattle, dogs, children, and other hazards that make driving at more than India’s rural
15 miles per hour in
areas impossible. Sati shakes his head and tells me that he has gathered enough evidence for the
police to act, but it will be
and teeming with the

difficult, because of this single road, to stage a raid without first alerting
the counterfeiters.
The police tracked this wholesaler’s products to a store at the Aligarh market. The drugs and
investigators purchased the
tested them, finding the medicines of surprisingly good quality.

Sati says thatcounterfeiter likely has someone working inside a legitimate producer, stealing product
the or running an extra
shift. India’s fake drug traders come from organized-crime gangs in urban as well as rural areas. A
trader comes to the
wholesale market and fills up adrugs, spending about $200. He will then travel to poorer areas,
basket with where he will
sell drugs the to local general stores, which then sell them to individuals a handful of pills at a time,
rarely in any packaging.
Users will have no idea if they are buying fakes.
In Delhi, I watched urban pharmacists come to the large wholesale drugs for their stores.
pharmaceutical markets to buy
Depending on their integrity, they buy either fake drugs. They maydrugs legitimate or with a low
proportion of the purchase
active ingredient and a high share drugs which will not necessarily work, but whichIndia of filler—
n authorities might fool
conducting random spot tests. Patients with or without a prescription drugs then purchase from
these pharmacies, just as they would in the West.
Criminal exporters may act in a similar way to the traders, but are more likely to deal directly with pill
producers. Some criminal gangs even own vertically integrated businesses that help lessen leaks to
the authorities, says Karan.

A few criminal exporters may produce large quantities of fake drugs made to order for a specific
buyer. In an undercover investigation, a BBC film crew posed as Eastern European buyers looking to
purchase drugs from a counterfeiter. He showed off his latest pill production machine—which, he
said, could produce 5 million tablets a day—and offered the crew a
wide varietydrugs, including a knock-off version of nifedipine, a blood pressure medicine. Karan says
of the main export
markets forIndia’s drugs are Eastern Europe, Africa, and, increasingly, the United States and Western
Europe.
Karan was the director for twoIndia’s Criminal Bureau of Investigation, similar to the FBI. These
years of days, it has more
power and funding, but it typically focuses on fighting narcotics and rarely investigates the fake drug
trade.
“The authorities like to say things are blown out of proportion,” says Karan. He claims that if the CBI
were more serious
aboutcounterfeiting, it would help to share information across the myriad agencies and local police
authorities that currently
are supposed to address the problem.

He agreed with me that the only way change will occur is if there is international pressure for action. It
would need to be “a bit like we’re seeing on China over contaminated product boycotts in America,”
Karan says. “The United States complains, and the Chinese take action, but that has not so far
occurred in India.”

Not everyone was so pessimistic. I spoke with Ramesh Adige, who is executive director of global
corporate communications
at Ranbaxy, a large andIndian drug company with 11,000 employees spread across 49 countries
respected and with sales
of well over $1 billion.

Adige sees a “perceptible change inIndian government and believes that there is enough
efforts” by the political will to
contain the problem through increased vigilance and enforcement, without outside pressure. He told
me that the law is
improving, as is its enforcement.

The Ranbaxy story is important. The company was once viewed as a rogue copycat firm that focused
on reverse engineering Western products and aiming to weaken global intellectual property rights.
But Ranbaxy is now a major research firm seeking stronger patent protection. As a local firm with a
promising future in the global pharmaceutical trade,
Ranbaxy is likely to have swayIndian government, more than the U.S. government or Western firms
with the like Pfizer or
Lilly.

Indeed, Ranbaxy isIndian Parliament to include provisions for increased fines and sentencing
pushing the for producers
and traffickers fake in pharmaceuticals. Adige hopes that future governments will establish fast-track
courts for
counterfeiting cases, and willcounterfeit hearinging an offense for which bail is not permitted.
With make drug these provisions in place and properly enforced,
counterfeiting won’t be the flourishing—and deadly—business it is today.
For about 50counterfeiters can make a bottle of Viagra valuedIndia. If they have international
cents, around $40 in
connections, profits can be greater.

‘There is more Black Label whisky sold in India than made in Scotland,’ the former police chief of
Delhi, Vijay Karan, joked.

The dangerous consequencesfake drug—if only in the lost opportunity to take a real drug—may be
of the discovered too
late if at all.

The European Commission’s customs department seized 2.7 million fake medicines in 2006, about a
third of which originated in India.

Illegal drug trade outsourced to India, too By Siddharth Srivastava

High-speed communication links combined with lower

costs in comparison with the United States is what led
to the outsourcing of jobs to India. This now appears
to apply to crime, too. In what has been described as
the biggest illegal bust involving Indians, a
multimillion-dollar drug racket has been unearthed by
US and Indian authorities. Predictably, the illegaldrug
trade flourished courtesy of the Internet, lax law
enforcement and norms in India, as well as the
economies of lower prices.

A year-long investigation by Indian and US authorities

has revealed that narcotics and psychotropic tablets
(pharmaceutical controlled substances as well as
medicine) in huge bulk were illegally exported from
India to the US through orders placed via Internet
pharmacies, hundreds of which dot cyberspace.

The front-end (US-based servers, e-mail queries and

websites) was managed by US citizens, while the back-
end supply of drugs was handled by a team of Indian
doctors who procured the requisite permission to buy
the drugs in India, which were then shipped (or
couriered) to the US, repackaged in Philadelphia and
New York, and sold to the end-users. Authorities in
Delhi have seized more than 4 million tablets valued at
US$5 million, while over $7 million in funds belonging
to the Indian cartel has been frozen in bank accounts
around the world.

The drugs include generic versions of narcotic

painkillers such as Vicodin and Oxycontin,
amphetamines such as Ritalin, anabolic steroids, sex
stimulant Viagra and dozens of other controlled
substances, such as diazepam, alprazolam and
paracetamol with codeine. "In this first major
international enforcement action against online rogue
pharmacies and their source of supply, we have
logged these traffickers off the Internet," announced
US Drug Enforcement Authority administrator Karen P
Tandy.

Explaining this illegal trade, an official of the Narcotics

Control Bureau in India said the reason for such a
massive scale of exports was the huge price difference
in medicine in India compared with advanced countries
such as Canada, Australia and the United States. "It is
mostly due to the patent regime in these countries that
the prices of medicines are very high there, and
exploiting this price difference, unscrupulous elements
illegally export these medicines to these destinations
from countries where prices are comparatively less."

Kudos is due to the Indian and US authorities who

have for the first time jointly cracked an illegal
operation of such a scale being conducted via the
Internet. The biggest problem in dealing with cyber-
crime is that there are no uniform laws internationally.
Some countries, such as the United Kingdom, have
cyber-crime laws, including the Computer Misuse Act
(1990), which are well implemented. Other territories
have laws that have yet to be fully implemented, while
some countries are yet to make provisions for cyber-
crimes within their judicial system. If there are no
relevant laws in the country where the crime
originates, no one can be found guilty of breaking
them.

International Internet crimes with Indian involvement

have been unearthed earlier, but more in the nature of
individuals hoodwinking others. Cases involving
extortion, false identities in love affairs and hacking
are quite common. One Indian ostensibly sold
property worth hundreds of thousands of dollars on
the Internet, but the bogus papers turned out to be for
the residence of the prime minister of India.

Recently, a supposed new-age guru was arrested for

harassing a British woman who had been lured to his
ashram (place of worship) by convincing her father that
he possessed "great spiritual powers". The guru kept
his contact with the lady's family through the Internet
and finally made the woman come to India by
threatening her father that he would turn the young
woman mad through his spiritual powers if he refused
to send her to him. In another first of its kind that has
rattled the Indian business and process-outsourcing
industry, employees of Mphasis, which handles the
back-end operations of Citibank, managed to siphon
funds off accounts by accessing secret codes after
colluding with bank employees in the US.

However, the drug-transfer crime goes much deeper,

highlighting the scaling of time and spatial constraints to
take advantage of a distorted paradigm, in an
increasingly connected world.

It may be recalled that the drug-patent regime in

India, unlike in Western countries, is based on what is
termed product patents, in contrast to process
patents. The system is designed to encourage low-
cost manufacturing of drugs, develop the
pharmaceutical industry and make medicines widely
available at low prices. Despite the great success of
this system, its end was required by a World Trade
Organization agreement demanding that all countries
(with some exceptions) switch to process patents.
While India changed its patent law last December to
meet the January 2005 WTO deadline, the ground
situation is very different.

Although Indian pharmaceutical companies are now

heavily investing in research in order to compete with
international firms, there is not much political backing
to the new system as there are fears that the rise in
prices consequent to the new regime will make
medicine inaccessible to the poor.

The question is: While one understands the

exigencies of multinational pharmaceutical companies
needing to protect their patent rights as well as profits,
why should medicines, whether in India or anywhere,
be inaccessible to those who need them? This, in
effect, resulted in the illegal trade of medicine from
India, which is not to justify the crime, but to highlight
a distorted regime.

It is estimated that the international intellectual-

property agreement (known as TRIPS, for Trade-
Related Aspects of Intellectual Property Rights,
which many countries were forced to ink when
nobody understood the consequences of
pharmaceutical patents) will cost India's economy
more than $700 million each year, while creating only
$57 million in profits for multinationals. Surely, there
is a need to revise the paradigms (some speak of
government regulation and funding), if they need to
be implemented, despite pressure from the powerful
international pharma lobbies. After all, this is not
about pirated music.

A recent Reuters report quoted an unnamed

pharmaceutical executive who said: "There could
easily be 70 [million] to 80 million people [in India] who
can afford expensive medicines, just as they go out
and buy expensive cars, branded clothes and
consumer goods. That is equal to the size of a UK or a
Germany. But India has a population of over a billion -
meaning that the industry will be pricing new drugs for
less than 10% of the population, with over 90%
excluded."

Another recent article in Nature Medicine notes that

India is the fourth-largest producer of pharmaceuticals
in the world and twothirds of its exports go to
developing countries. The article notes that at least
15% of drugs now on the market in India, including
some AIDS drugs, are likely to be withdrawn.

The supply of cheap medicine (made by reputed

pharma companies such as Ranbaxy, Dr Reddy's and
Nicolas Piramal to take on the likes of Pfizer and
GlaxoSmithKiline) is an extension of the overall
cheaper medical regime in India that has led to the
emergence of India as an international destination of
medical care. Private-sector specialty hospitals in
India offer treatment and facilities that meet
international standards at 10-20% of the cost of
treatment abroad. These hospitals have in their own
way also turned into ruthless commercial enterprises
as in the West, but at least they have the cost factor in
their favor.
The booming trade in fake drugs

Last week, it was revealed that 2007 saw 70,000 packs of fake life-saving drugs prescribed to NHS
patients. So how serious is the problem of counterfeit drugs? Eoin Gleeson reports.

Fake drugs: how big is the problem?

It's hard to get accurate data, but fake drugs are estimated by the US Food and Drug Administration
(FDA) to account for about 10% of global pharmaceutical sales. They are thought to lead directly to
the deaths of more than half a million people worldwide a year. The problem is worst in Asia and
Africa, where the World Health Organisation (WHO) estimates as much as 50% of drugs sold are
fake. But developed countries are not immune – the WHO reckons about 1% of drugs in these
markets are fake, equating to about eight million packs of medicines worth £425m a year in the UK.

Is it really that bad?

Mike Deats of government medicines watchdog the Medicines and Healthcare Products Regulatory
Agency (MHRA) reckons the number is "potentially smaller", but it is undoubtedly growing – there
have been 14 major recalls in Britain in the past three years, compared with just one in the previous
decade, says Mark Townsend in The Observer, and British border officials seized more than half a
million counterfeit pills last year alone. The 2007 recall of 70,000 packs of drugs – 30,000 of which
are unaccounted for and so have probably been consumed – included medicines to treat prostate
cancer and schizophrenia. The recovered packs contained 50-80% of the correct pharmaceutical
ingredient, Deats told the BBC. But ineffective antibiotics made of talcum powder, birth-control pills
made of rice flour, and more dangerous substances are regularly seized by border officials.

Where do the fake drugs come from?

Mainly from Asia – 75% of fake drugs have some origin in India, reckons the OECD. Most active
ingredients for brand-name drugs can be bought over the internet cheaply, and you don't need a
sophisticated lab to duplicate pills. Organised criminals are now involved in counterfeiting prescription
drugs across the globe, saysHenry Miller in The Washington Times – everyone from the Russian mafia
and Chinese triads to terrorist groups such as Hezbollah and the IRA. The fake drugs follow a
convoluted path to Western markets. The key factor that ensures their safe passage is the spread of
free trade, says Walt Bogdanich in The New York Times. Free trade zones – areas designated to
encourage trade, where tariffs are waived and regulatory supervision is light – are an ideal gateway
because of the huge volume of goods that pass through their ports. Counterfeiters use the stopover to
switch route information on the containers and to relabel the products. Dubai is particularly attractive,
due to its strategic location in the Persian Gulf between Asia, Europe and Africa. The single market in
Europe is also opening the door to counterfeit drugs. As wholesalers buy drugs cheaply from places
such as Spain and Greece, reselling them in the UK, products are often "repackaged" by intermediaries
along the supply chain, passing through as many as 20-30 pairs of hands. This results in a fertile
breeding ground for counterfeit drugs trading. With just 0.1% of goods entering the UK physically
checked by customs officers, the National Audit Office believes Britain is "one of the easiest places in
the EU to smuggle counterfeit", says Townsend.

How do fake drugs end up in the legal drug supply?

Via duped or unscrupulous brokers and wholesalers. Instead of selling small amounts of fake drugs
online, counterfeiters are starting to target pharmaceutical wholesalers who supply everyone from
high-street pharmacies to NHS trusts. After the drugs have been diverted – laundered, if you like –
through a number of ports, wholesalers may end up unwittingly buying counterfeit drugs. Money also
enters into the bargain. The wholesale price for prostate cancer treatment Casodex in Britain is £128
for a pack of 50mg tablets, for example; the same pack can be had for £5 from a Chinese counterfeit
gang.

What's being done about it?

A global tracking system to deal with the international flow of counterfeit drugs is badly needed. But
that level of global cooperation doesn't look like happening anytime soon. In the US, a national
computer system to record a drug's journey from factory to patient has been stalled repeatedly by the
pharma industry, which fears extra bureaucracy will raise costs and disrupt supply chains. "Drug
companies will keep the ball in the air until something bad happens," pharmacist Stan Goldenberg
told the Los Angeles Times. And beyond a couple of pilot tracking schemes, UK authorities aren't
making much headway either. The EU has just mandated that European drugs must carry barcodes.
But the failure to ban the repackaging of drugs has left a loophole, says Dr Adam Fein of Pembroke
Consulting. And with huge profits to be made (see below), the trade looks likely to keep growing.

Hard versus medical drugs

From the criminal's point of view, moving into prescription drugs rather than illegal drugs is a no-
brainer. According to Mick Deats, "there is far less risk [than with cocaine and heroin] and when you
look at the money you're going to make, you are going to make more out of counterfeits". A
counterfeit drug costing a fraction of a penny can be sold for 50 times as much on Western markets.
And under the Trade Marks Act, the maximum penalty you can serve is ten years in prison. With fake
medicines easy to produce, low risk to sell, and vastly more profitable than the traditional drug trade,
don't expect this problem to disappear anytime soon.

INDIA LARGEST FAKEMEDICINES EXPORTER OF TO EU

The following statistics mayIndia much reason to cheer. The

not give
country is still the second largestmedicines exporter to
counterfeit
the European Union in 2007, although it has
forfeited the first
position it held in 2006 to Switzerland.
As per data released by the European Commission on India
Monday,
stands second after Switzerland in the list of top fake
exporters of
to the EU in 2007 with 35% of fake the
medicines total drugs seized.
In 2006, EU. India was the leading fake source of
drugs exported to the
Next to Switzerland and India, the United Arab Emirates comes third
with 15% of the total amount seized, according to the survey titled,
’2007 customs seizure of counterfeit goods at EU’s external
border’.
In India , together with the UAE and China, was responsible for
2006,
more than 80% of all medicines. survey, China
counterfeit Overall, as remains
per the main source of
the 2007
counterfeit goods, with almost 60% of all articles seized
coming from there. Cigarettes and clothing continue to
represent a large proportion of all seizures comprising
respectively 35% and 22% of the total amount of articles
seized. In particular, medicine seizures have shown a
dramatic increase of over 50%.
Also, in 2005, based on the European Commission’s Taxation
and Custom
Union (TAXUD) statistics, 75%fakemedicines cases originated from
of
 , 7% from Egypt, and 6% from China. According to
India an earlier EU report, counterfeiters accept crude
methods for manufacturing drugs
such as filling the capsules with a mixture of brick dust
with yellow paint used to mark roads to give it a colour
similar to that of genuine medicine and furniture polish
to give a nice, shiny finish. The EU, in its statement
issued in 2007, said, “Health and safety are a big issue,
as witnessed by the sizeable figures relating to seizures
of pharmaceutical products. The India in this sector
emergence of
reflects the developing industrial capacity of this nation and
highlights the reality that counterfeiting is carried out
on an industrial scale, in all sectors where a potential
profit is perceived.”
In 2007, customs registered over 43,000fake goods seized at
cases of
the EU’s external border, compared to 37,000 in 2006.
The number of articles seized decreased from last year’s
peak of 128 million articles to around 79 million. This is
due to a growing number of seizures involving smaller
quantities of counterfeit and pirated articles. However,
cigarettes and clothing continue to be faked in large
quantities and there has been a worrying increase in
sectors
that are potentially dangerous to medicines, electrical
consumers like
equipment, and personal care products, EU said in its statement.
In India was in second position in ready-to-wear accessories
2006,
segment with 19% article seized, following China . “Counterfeiting
continues to pose a dangerous threat to our health, safety and
our economy,” warns EU Taxation and Customs Commissioner
László Kovács.
Enraged by thefake drug supply, the European Commission
increasing
had launched a public consultation on the dangers of counterfeit drugs
and had invited ideas to be submitted for regulatory
reform. As per foreign media reports, the commission
plans to plug in the deficiencies in the supply chain
integrity through strict adherence to Good Distribution
Practice (GDP), Good Manufacturing Practice (GMP)
standards and transparency in the distribution chain.
Action on fake drugs urged by WHO

A global taskforce to fight drug counterfeiting needs to

be set up, the World Health Organization has said.
Fake drugs are thought to account for one in 10 drugs sold worldwide,
and medicines counterfeiting is a growing and lucrative business, it
says.
It urged customs, police and drug enforcements agencies
to shut down the sophisticated production networks.
The call comes as a meeting of regulatory, pharmaceutical and consumer
representatives takes place in Rome.
Howard Zucker, the assistant director-general for the WHO
for health technology and pharmaceuticals, said fake
drugs could be deadly.

He said: “People don’t die from carrying a fake handbag

or wearing a fake t-shirt. They can die from taking a
counterfeit medicine.” The WHO suggests that bar-
coding medicines, increasing surveillance methods and
improving both patient and healthcare worker education
could help ensure fewer people take fake drugs.
The United Nations health agency also wants those
charged with tracking down the culprits to work together
and share more information.
Drugs counterfeiting is most common in developing countries
where life- saving drugs can be sold on the streets.
But there are a growing number of cases of fake medicines
being discovered in Europe - although these tend to be
lifestyle drugs.
Potentially lethal
A spokeswoman for themedicines and health technology department
WHO
fake Tami-flu had been found in the Netherlands and Spain.
”The counterfeiters are getting more fake drugs are
sophisticated and
now even entering the official distribution systems,” she warned.
She said there was also a need for a universal approach
as in some countries drug counterfeiting was not even
considered a crime or was thought of as an offence that
was not very serious. ”But this is a crime that can kill
people,” she said.
A spokeswomanMedicines and Healthcare Products Regulatory
for the
Agency said there had been four cases fake of
drugs
in Britain
being discovered
the past 10 years. The last one was in July, she said.
Strategy
”There are nearly 650 million prescriptions issued in the
UK every year so four cases in the last 10 years is
minimal.
”But we recognise that there’s an increasing problem, and have
our own anti-counterfeiting strategy.”
The agency also assists eastern European countries in
their fight against drugs counterfeiting.
The spokeswoman added that a suspicious batch of anti-flu
drug Tamiflu seized in the UK last month by the agency
had turned out to be illegally imported rather than
counterfeited.

MEDICINES THAT ARE KILLING MILLIONS OF PEOPLE

Imagine the outcry if 500 people in a developed country

such as the US or UK died after being given a fake
medicine. Then consider that in the early 1990s a similar
number of children died of kidney failure in
India, Haiti, Bangladesh and Nigeria fake paracetamol
after taking
syrup contaminated with a toxic solvent. Barely anyone noticed bar
their families and a few doctors.
Their deaths represent just one documented case of a
trade in illicit pharmaceuticals that claims countless lives
each year. Victims, mostly among the world’s poorest,
unwittingly buy fake medicines that often contain toxic
substances or little or no active ingredients, yet purport
to combat the most common preventable killers,
including malaria, tuberculosis and typhoid.
Victims, mostly among the world’s poorest, unwittingly buy fake
medicines that often contain no active ingredients
The scale of the problem is laid bare this month in a review published
in The Lancet Infectious Diseases (vol 6, p 602). In south-
east Asia,
for example, half of all medicine sold is fake, much of
thought to be
it counterfeit versions of new anti-malaria drugs based on the
molecule artemisinin, which many believe will be vital in
curbing the spread of the disease. In Cambodia, a survey
revealed that 71 per cent
of the artemisinin-derived drugfake, while across
artesunate sold is
south-east Asia, 53 per cent of artesunate packs sold in 2002 and 2003
were faked, says lead author Paul Newton of the University
of Oxford. ”We’re desperately worried that these
counterfeit derivatives will follow the real ones into
Africa,” Newton says. “The very high prevalence of
counterfeit artesunate in Asia has emphasised the
importance of tackling this trade.” Unless it can be
stopped, he warns, there is little point in spending vast
amounts of money developing new drugs, as they will
only be immediately undermined by ineffective or toxic
counterfeits.
The World Health Organization is so worried by the trend
that this
November in Bonn, Germany, it will launch an International
Medical Products Anti-Counterfeiting Taskforce, or
IMPACT. The aim is to unite all parties involved in tackling
in the problem, from pharmaceutical companies, drug
regulators and distributors through to Interpol and
customs officers.
Experts fear the trade in counterfeit pharmaceuticals kills
more people and causes more harm than the trade in
illegal narcotics. And it isn’t a great deal less lucrative. In
2005, the US Food and Drug Administration estimated
that worldwide sales of fake drugs exceeded $3.5 billion,
but other estimates suggest the figure is 10 times as
high. The Center for Medicines in the Public Interest, a
charity backed by the US pharmaceutical industry,
predicts that global sales of fake drugs will reach $75
billion by 2010 unless the trade is curtailed.
However, no one can yet be sure how many fake drugs are
sold. The pharmaceutical industry first raised the alarm 20
years ago, but law enforcement agencies, governments and
charities that donate medicines have paid scant attention.
As too have researchers. In his review, Newton found that
just 43 academic papers have been published on fake
drugs, only one of which used scientifically acceptable
methodology. What’s more, a survey he conducted in Laos
revealed that two out of
three pharmacists and four of five consumers didn’t fake
even realise
drugs existed. The reality is that this trade threatens to undermine
global attempts to combat infectious diseases that kill 14
million people, 90 per cent of them in developing
countries.
A survey in Laos revealed that two out of three
pharmacists and four
out of five consumers didn’t fake drugs existed
know
IMPACT will initially focus its efforts in five areas: anti-
counterfeiting technology; harmonising legislation; tougher
enforcement; strengthening regulatory agencies; and better
publicity warning consumers about fakes, says co-founder
Howard Zucker, who is the WHO’s assistant director-
general for health technology and pharmaceuticals.
Strengthening regulatory agencies is key, argues Newton,
especially in the one-third of countries worldwide where
they barely function. “If you don’t have a functioning drug
regulatory agency, you can’t inspect the drug supply,
enforce border checks, prosecute counterfeiters or root
out bribes and corruption.”
Zucker agrees this is a priority. “If there’s no enforcement,
nothing else has any teeth,” he says. So too does the
Global Fund to Fight AIDS, Tuberculosis and Malaria,
which spends millions of dollars each year providing
drugs to treat these major diseases. Spokeswoman Rosie
Vanek says the Global Fund has already approved requests for technical assistance to improve
national drug quality-control labs and bolster regulatory authorities. Vanek also stresses that
the Global Fund has established measures to “ensure to the greatest possible degree the
authenticity of commodities purchased with Global Fund resources”. But Valerio Reggi of the
WHO, who will coordinate IMPACT from Geneva, Switzerland, says it won’t be easy to root out
corruption, especially in countries where inspectors are paid so little that it is worth the risk of
taking bribes to turn a blind eye to the trade.
Newton also says that donor agencies must subsidise life-
saving drugs so that the real versions price counterfeiters
out of the market. “The key is to beat them at their own
game.” This strategy is supported by the Global Fund,
which provides drugs either free or at a small fee. One
recommendation is to subsidise real versions of drugs so
that they price counterfeiters out of the market
The pharmaceutical industry is less convinced,
however. “As long as the cost per unit of a counterfeit
is lower than the street price of the real thing, there will
be counterfeits,” says Harvey Bale, director of the
International Federation of Pharmaceutical
Manufacturers. He points out that paracetamol
(acetaminophen) and the antibiotics ampicillin and
amoxycillin are the most widely counterfeited drugs in
developing countries, even though they are also the
cheapest.
A number of initiatives are to be unveiled in Germany. One
option IMPACT will pursue is to give each packet of drugs
a code number that can only be read when the seal is
broken. The consumer can phone the factory with the
number to check their medicine is genuine. Zucker says
the precise details are secret for now, but will be revealed
in Bonn.
Others include off-the-shelf legislation that nations could
adopt to combat counterfeiting, while IMPACT will launch
a study to assess the growing threat of fake medicines
sold on the internet, and another to gauge the scale of
counterfeiting in Africa.
Newton warns not to underestimate the counterfeiters, as
their production techniques have become increasingly
sophisticated. Often they include small amounts of the
real drug to make them more difficult to spot than if they
contained no active drug. This practice that promotes the
development of drug resistance. “It means that bacteria or
parasites see very low concentrations of the active
ingredient, enough to select for resistance,” says Newton.
That could mean future generations of drugs could
become obsolete.
Fake packaging is also increasingly sophisticated, says Newton. Some
of the artesunate packs he found in Asia even carried holograms like
those on the originals. “At the moment, the counterfeiters
are winning.” But Zucker is more upbeat, and sees the
creation of IMPACT as evidence that there is at last the
political and international will to do something. “My
perception is that there’s momentum.” Churning them
out
• In 1995 in Niger, some 60,000 people werefake
inoculated with
meningitis vaccine after authorities received a donation of 88,000
doses of purported Pasteur Merieux and SmithKline
Beecham vaccines from neighbouring Nigeria. The
vaccines contained no traces of the true active ingredient.
• 192,000 patients in China reportedly died over the course
of 2001
after fake drugs. In the same year Chinese authorities closed
taking
1300 factories while investigating 480,000 cases of counterfeit drugs
worth $57 million. In 2004 they arrested 22 manufacturers
of grossly substandard infant milk powder and closed
three factories after the death of more than 50 infants.
• In North America, there have been recent reports of
various counterfeits: human growth hormone;
atorvastatin, which is used to lower cholesterol and treat
heart disease; erythropoietin, used to alleviate anaemia;
filgrastim, used to treat people who have had either
leukaemia or a bone marrow transplant; and the anti-
cancer drugs germcitabine and paclitaxel.
• Antiretrovirals, a long-term drug therapy that helps stop
people with HIV from developing AIDS, are already being
faked in central Africa. So far, counterfeit versions of the
drug combinations stavudine-lamivudine-nevirapine and
lamivudine-zidovudine have been identified.
PURCHASE OF JUSTICE BY COLA

New Indian Express, June 02, 2005, Thursday Did the law
break the law, asks Krishna Iyer

KOCHI: Justice V R Krishna Iyer demanded a second look

into the Coco Cola judgment made by the High Court on
Wednesday. Alleging that the modified decision smacks
of bench shopping by powerful litigant, Justice Iyer said
the circumstances of the case when fully disclosed may
suggest a ‘riddle wrapped in a mystery inside an enigma’.

The strongly worded statement of Justice Iyer is as

follows:

I have great respect for the judiciary of which I have been a

member, both in Kerala and in the apex court.

But criticism of judiciary pronouncements when one

considers them as aberrational is a failure of a jurist’s
duty to the Constitution and the non-exercise of the
fundamental right of freedom of _expression. We are
governed by the Constitution but it has been said that the
Constitution is what the judges say it is.

This does not mean that the ‘robed brethren’ can go

haywire reduce the law to mere judicial ipse dixits. I
suspect the wisdom and constitutionality of the Coco
Cola judgment pronounced by the Division Bench of the
Kerala High Court.
May be I am wrong or may be the concerned judges are in
error. When license has been refused for the Coco Cola
by the local authority which is necessary under the
Municipal Law the court cannot hold that, in certain
circumstances, the license may be deemed to have been
granted, thus nullifying the statute.

The procedure of invoking the jurisdiction of that court

for getting an earlier decision modified smacks of ‘bench
shopping’ by a powerful litigant.

The circumstances of the case when fully disclosed, may

suggest a ‘riddle wrapped in a mystery inside an enigma’.
Coco Cola jurisprudence as laid down by the Court does
require a second look although I must say that our judges
in the High Court generally command my respect. I have
not had the time to investigate dialectically the many
dimension of this pronouncement.

I must also confess that I have not fully investigated how,

in the face of earlier decision, a fresh case was instituted
before a different bench. This calls for a closer study of
the procedure adopted and the substantive law declared
when I consider curious and dubious.

In short, ‘Coco Cola’ as a law had made an imbroglio of

our writ jurisdiction and jurisprudence. Already, Prof
Mohammed Ghouse long ago, in a thoughtful article, felt
that the highest court has at times becomes a
conscience-keeper of vested interests.
I am sure thatIndia today, the one high institution which holds
in
aloft people’s confidence is the judiciary. ‘Ye, are the salt of the
earth; but if the salt have lost his savour, wherewith shall
it be salted’. (Bible).

COLOMBIA: KILLER COLA!

Coca-Cola’s main Latin American bottler, Panamco, is on

trial in the US for hiring right-wing aramilitaries to kill and
intimidate union leaders in Colombia. SINALTRAINAL
union leaders and organizers have been subject to a
gruesome cycle of violence unleashed by Colombian
paramilitary forces in complicity with the Coca- Cola’s
Colombian bottling subsidiary.

Since 1989, eight union leaders from Coca-Cola bottling

plants have been murdered by paramilitary forces, some
of them even attacked within their factory’s gates.
Workers have also reported being intimidated with threats
of violence, kidnapped, tortured, and unlawfully detained
by members of the paramilitary working with the blessing
of, or in collaboration with, company management.

Water and land is central to agriculture and over 70% of

Indians make a living related to agriculture.Water scarcity
and polluted soil and water created by Coca-Cola has
directly resulted in crop failures—
leading to a LOSS of LIVELIHOOD for thousands of India. More
people in
than half India’s population lives BELOW THE
ofPOVERTY LINE, and disrupting farming is a matter India of LIFE
AND DEATH for many in .
Ironically, communities most impacted by Coca- Cola’s
bottling operations cannot even afford to buy Coca-Cola
products. Coca-Cola’s indiscriminate pollution of the common
groundwater source is a major long-term problem. It is
extremely difficult, if not impossible, to clean the groundwater
resource through technology, and future generations are now
subjected to drinking polluted waters courtesy Coca-Cola. Or
they can install water pipes to their homes and pay for clean
drinking water, which most CANNOT afford to do. Distribution
of toxic waste as fertilizer to farmers around its bottling
facilities has created a PUBLIC HEALTH NIGHTMARE. The
long term consequences of exposure to the toxic waste is not
yet known and the worst is yet to come. Coca-Cola is
committing crimes against humanity in india.

Edited, printed , published owned by NAGARAJA.M.R. @ # LIG-2 No 761,

HUDCO FIRST STAGE , OPP WATER WORKS , LAXMIKANTANAGAR , HEBBAL

,MYSURU – 570017 KARNATAKA INDIA Cell : 91 8970318202

WhatsApp 91 8970318202

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