Khaitan & Co advised oral healthcare company in securing release of withheld consignment before Madras High Court
Khaitan & Co successfully represented a leading oral healthcare company in securing the release of a consignment of oral dental floss, which had been withheld on the grounds that the product was not registered under the Medical Devices Rules, 2017. The consignment was delayed by the authorities, who asserted that dental floss fell under the scope of a medical device.
Appearing before the Madras High Court, Khaitan & Co contested the authorities’ stance, demonstrating that oral dental floss does not fall within the definition of a medical device under the current regulatory framework and highlighting that registration under these rules was not feasible. The High Court set aside the impugned notices issued by the Deputy Drug Controller of the Central Drugs Standard Control Organization (CDSCO) and directed the issuance of a No Objection Certificate for the release of the consignment. The matter primarily dealt with regulatory classification issues.
The Khaitan & Co team was led by Thriyambak Kannan (Partner) and Kartikey Mahajan (Partner), with support from Karthika Ellangovan (Associate) and Varsha K Sukumar (Associate).
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