ISLAMABAD: In a landmark ruling believed to be one of its kind in Pakistan’s legal history, the Rawalpindi Drug Court has imposed prison sentences and hefty fines on the CEO and several employees of GlaxoSmithKline (GSK), a renowned pharmaceutical company, in a case concerning a medication found to be ‘substandard.’
Despite GSK’s global reputation for credibility, the court found them guilty, prompting the company to declare its intention to contest the verdict before the appellate forum.
As per the judgment disclosed by Dawn, the case originated from a complaint filed by the Provincial Inspector of Drugs, Tehsil Hasan Abdal, alleging the substandard quality of a GSK-manufactured medicine, tablet Septran, batch number HSBDS, based on findings from the Drug Testing Laboratory Rawalpindi.
Charges were levied against the company’s representatives in February 2023, triggering a trial during which all defendants maintained their innocence.
The court noted GSK’s significant financial standing, yet criticized its failure to recall or halt the marketing of the drug, or to investigate the manufacturing process of the substandard product.
Consequently, the CEO was sentenced to imprisonment until the rising of the court and a fine of Rs4.7 million, facing an additional three months’ incarceration if the fine remains unpaid. The production manager, quality control manager, and warrantor each received two years in prison and a Rs600,000 fine, with an additional six months’ imprisonment for non-payment.
GSK Secretary Agha Salman Taimur announced the company’s intent to appeal the judgment, denying any wrongdoing and asserting an immediate challenge before the appellate forum, as per a letter to the Pakistan Stock Exchange.
The ruling, delivered by a three-member bench chaired by Chairman Drug Court Rawalpindi, Nadeem Babar Khan, has sparked discourse within the pharmaceutical sector and healthcare community.
Noor Muhammad Mahar, President of the Pakistan Drug Lawyers Forum, clarified that the medication’s quality was not at issue but rather its dissolution time, which fell short of standards. He cautioned against potential legislative amendments, fearing adverse impacts on drug regulation and patient welfare.
In response, a pharmaceutical industry leader, preferring anonymity, underscored the unprecedented nature of the decision, emphasizing the need for companies to approach courts with greater humility.
Echoing this sentiment, a senior health ministry official stressed the courts’ authority to enforce strict penalties and advised pharmaceutical entities to treat drug court proceedings with due seriousness.
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