Tribunal grants stay of decision to cancel ARTG registrations for prescription pain killers

The Administrative Appeals Tribunal (“the Tribunal”) has granted Aspen Pharmacare Australia Pty Limited (“Aspen”) a stay of a decision of the Thereapeutic Goods Administration (subsequently affirmed by the Minister for Health and Ageing) to cancel from the Australian Register of Therapeutic Goods two prescription pain killers – Di-Gesic and Doloxene. Aspen was required to move swiftly in seeking the interim relief from the Tribunal

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as the Minister’s decision (made on 23 January 2012) proposed to cancel the products as at 1 March 2012. Aspen applied for a stay of the decision to permit review of the decision by the Tribunal. The Tribunal’s decision (made on 14 February 2012) means that, subject to certain risk management steps that have been put in place, the products will continue to be available for those who need them pending the ultimate determination of Aspen’s application for review.

Mallesons acts for Aspen in the proceedings before the Tribunal.

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