ISLAMABAD: While around 200 hardship cases of pharmaceutical companies have been pending with the federal cabinet, it is feared that over 50 medicines will soon vanish from the market as the caretaker cabinet will not be empowered to increase the prices.

Pakistan Pharmaceutical Manufacturers Association (PPMA) Chairman Syed Farooq Bukhari said uncertainty about the hardship cases will lead to black marketing of drugs.

It is worth mentioning that around 200 hardship cases had been pending with the federal cabinet when it completed its tenure last week.

Hardship cases are the ones in which companies claim that their manufacturing cost has exceeded the maximum retail price (MRP) and it has become nonviable for them to continue manufacturing the medicines and selling them at MRP. Companies then file cases along with the evidence demanding an increase in the MRP. The cases are forwarded by the Drug Regulatory Authority of Pakistan (Drap) to the health ministry and then sent to the cabinet to take a decision.

An official of the health ministry said around 200 hardship cases were pending with the federal cabinet.

“We do not know if the caretaker federal cabinet will be empowered to increase the prices to ensure the availability of medicines in the market,” he said.

When contacted, PPMA ChairmanSyed Farooq Bukhari said that according to his knowledge the caretaker government was not empowered to take such a decision.

“According to Mustafa Impex case, the prime minister and federal cabinet have to take the decisions. The caretaker government will not have the authority to take such decisions,” he said.

The Mustafa Impex judgment, announced in 2016 by the Supreme Court, had redefined the conduct of business and decision-making of the government as it was declared that the federal government consisted of the prime minister and the federal ministers.

Mr Bukhari said while hardship cases were over 200 it meant that over 50 medicines will vanish from the market or they will be sold in the black market.

“I don’t see a solution to the situation in near future or as long as a permanent government comes to power,” he said.

Companies are allowed to sell products at any price but they cannot exceed the MRP which is approved by the government.

When contacted, spokesperson for the Ministry of National Health Services (NHS) Sajid Shah confirmed that there were around 200 hardship cases.

However, he said that the ministry will take all possible steps to ensure that people get the medicines at affordable rates and the medicines are available in the market.

Published in Dawn, August 15th, 2023