Delhi High Court flags misuse of Ozempic and similar drugs for unregulated weight loss.

Case in News

Delhi High Court on Ozempic misuse case hears PIL on illegal weight-loss use of diabetes drugs .

Case Overview

Case Name – Jitendra Chouksey vs. Union of India

The Delhi High Court in Jitendra Chouksey v. Union of India addressed a PIL raising alarms over the off-label use of anti-diabetic drugs like Ozempic (Semaglutide), Mounjaro (Tirzepatide) and Victoza (Liraglutide) for non-medical weight loss . The Bench comprising Chief Justice Devendra Kumar Upadhyay and Justice Tushar Rao Gedela noted the increasing trend of these drugs being sold without prescriptions and promoted by gyms and influencers as quick weight-loss solutions .

Key Aspects

The key aspects of the case are as under –

• PIL highlighted global health risks, including deaths, lawsuits and severe side effects .
  
• Alleged marketing by wellness platforms without Indian clinical trials or regulatory approvals .
  
• Unregulated sale over the counter without prescription safeguards .The petitioner sought urgent regulatory actions and data-based assessment .
  

Legal Insights

The legal insights of the case are as under –

•  Constitution of India
• 1. Article 21 of the Constitution of India : The right to health is part of the right to life . Misuse of such drugs without regulatory oversight poses a threat to public health .
     

• Drugs and Cosmetics Act, 1940 :
  

• • 1. Section 18(c) – Prohibits manufacture or sale of drugs without valid license .
       
    2. Section 27(d) – Prescribes penalties for sale of drugs in violation of the Act .
       

• Drugs and Magic Remedies (Objectionable Advertisements) Act, 1954:
  

• 1. Section 3 & 4 – Bans misleading advertisements of drugs for weight reduction .
     
• Precautionary Principle under Environmental Law Jurisprudence (Vellore Citizens’ Welfare Forum vs. Union of India, AIR 1996 SC 2715) –  Applied to public health to justify preventive regulation .

Court’s Verdict

The Delhi High Court directed CDSCO to respond to the petitioner’s representation within three months . While it did not grant immediate reliefs such as banning Ozempic for off-label use, the Court emphasized the need for regulatory review and submission of supporting medical data by the petitioner .

Source – High Court of Delhi

Read also – Article 21 of the Constitution of India