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Who is responsible for ‘Faulty Formulation in Medicines’?

YAGAY andSUN
Shared accountability for faulty drug formulations under Drugs and Cosmetics Act and Schedule M - manufacturers, regulators, and enforcement duties A faulty formulation is a drug that fails to meet legally required standards of composition, potency, purity or stability. Responsibility is primarily shared: manufacturers must adhere to Good Manufacturing Practices, maintain batch records, validate stability and sourcing of APIs, conduct quality control and recall defective batches; the national regulator and state drug authorities must license, inspect, test, enforce Schedule M and related provisions of the Drugs and Cosmetics Act, oversee pharmacovigilance and coordinate recalls. Legal consequences include criminal and civil penalties, recalls, export bans and reputational harm; robust surveillance, digital tracking and periodic GMP recertification strengthen accountability. (AI Summary)

Who is responsible for ‘Faulty Formulation in Medicines’?

?? 1. What is Faulty Formulation in Medicines?

this is an important topic in pharmaceutical regulation and public health. Let’s go step by step to clearly understand what faulty formulation means, why it happens, and what responsibilities rest on the Indian pharmaceutical sector and the Central Drugs Standard Control Organisation (CDSCO).

A faulty formulation refers to a defective or substandard pharmaceutical product resulting from errors in the formulation, manufacturing, or quality assurance process.

It means that the composition, quality, or stability of the medicine does not conform to approved standards as defined under Indian law — especially the Drugs and Cosmetics Act, 1940 and the Drugs and Cosmetics Rules, 1945.

?? Types of Faulty Formulation

Type

Description

Example / Consequence

Substandard Formulation

Active ingredient present in less or more than prescribed quantity

Reduced therapeutic effect or overdose

Contaminated Product

Presence of microbial, chemical, or particulate impurities

Infection, toxicity, or allergic reaction

Improper Mixing / Poor Dissolution

Ingredients not uniformly distributed or dissolve poorly

Ineffective drug release in body

Stability Failure

Product degrades before expiry

Loss of potency or harmful by-products

Packaging / Labeling Errors

Wrong dosage, misleading info, or misbranding

Medication errors, patient harm

?? 2. Causes of Faulty Formulation

  1. Poor Quality Raw Materials (APIs or excipients not meeting pharmacopoeial standards)
  2. Inadequate Process Control (improper temperature, humidity, or mixing times)
  3. Negligence or Lack of GMP Compliance
  4. Insufficient Validation or Testing (skipping stability or bioequivalence studies)
  5. Counterfeit or Spurious Drug Manufacturing
  6. Data Manipulation or Non-Transparent Practices

?? 3. Responsibility of the Indian Pharmaceutical Sector

Indian pharmaceutical manufacturers — both domestic and export-oriented — are legally and ethically responsible for ensuring safety, efficacy, and quality at every stage of production.

?? Key Responsibilities

Area

Industry’s Role

Quality Assurance (QA) and Quality Control (QC)

Establish robust systems to comply with Good Manufacturing Practices (GMP) as per Schedule M of the Drugs & Cosmetics Rules.

Raw Material Sourcing

Verify authenticity and purity of Active Pharmaceutical Ingredients (APIs).

Batch Manufacturing Records

Maintain complete traceability of each batch for recall and investigation.

Stability Studies

Conduct long-term and accelerated studies to ensure shelf life and safety.

Self-Inspection & Audits

Periodically inspect facilities and correct deficiencies.

Post-Market Surveillance

Monitor product performance and report adverse events.

Recalls and Transparency

Promptly recall defective batches and inform regulators and consumers.

????? 4. Role and Responsibility of CDSCO (Central Drugs Standard Control Organisation)

The CDSCO is India’s national regulatory authority under the Ministry of Health and Family Welfare.
It ensures that drugs, cosmetics, and medical devices marketed in India are safe, effective, and meet quality standards.

?? Key Functions of CDSCO

Function

Description

Regulatory Approval

Approves new drugs, vaccines, and fixed-dose combinations after scientific evaluation.

Licensing and GMP Enforcement

Inspects manufacturing facilities (along with state FDAs) to ensure compliance with Schedule M (GMP standards).

Quality Surveillance

Tests samples from the market via central and state drug testing laboratories.

Pharmacovigilance (PvPI)

Monitors adverse drug reactions and coordinates recalls of defective medicines.

Coordination with State Drug Authorities

Supervises implementation of the Drugs and Cosmetics Act at the state level.

Import Control

Regulates the import of APIs and finished formulations.

Public Alerts and Recalls

Issues alerts about substandard or falsified drugs through official notifications.

?? 5. Legal and Regulatory Provisions

Act / Rule

Key Relevance

Drugs and Cosmetics Act, 1940

Governs manufacture, sale, and distribution of drugs in India.

Section 18(a)(i)

Prohibits manufacture or sale of any drug not of standard quality or misbranded.

Section 27

Provides penalties, including imprisonment, for producing substandard or adulterated drugs.

Schedule M (Rules)

Prescribes Good Manufacturing Practices (GMP).

Schedule U

Specifies record-keeping requirements for batch manufacturing and testing.

?? 6. Consequences of Faulty Formulation

Stakeholder

Impact

Patients

Health risk, treatment failure, drug resistance (especially antibiotics).

Industry

Product recalls, reputational damage, legal action, export bans.

Public Health

Erosion of trust, potential large-scale health emergencies.

Economy

Loss of export credibility and foreign market access.

?? 7. Recent Context and Global Responsibility

India is known as the “Pharmacy of the World”, exporting medicines to over 200 countries.
However, recent incidents — such as contaminated cough syrups linked to child deaths abroad (e.g., in Gambia, Uzbekistan)** — have led to increased global scrutiny.

CDSCO has since:

  • Strengthened inspection and testing at manufacturing units.
  • Implemented risk-based audits for export-oriented firms.
  • Mandated stricter documentation and stability data.
  • Enhanced coordination with the WHO and importing country regulators.

? 8. Strengthening Accountability

Measure

Purpose

Digital Drug Tracking (Track & Trace system)

Prevent spurious drug distribution.

Stricter Licensing Conditions

Ensure capacity and quality infrastructure.

Periodic GMP Re-certification

Ongoing compliance verification.

Transparency in Public Reporting

Publish test results of drug samples.

Training and Capacity Building

For regulators and manufacturers.

?? In Summary

Faulty formulation = A medicine that fails to meet approved safety, purity, or potency standards.

Responsibility lies jointly with:

  • Pharma companies — to follow GMP and ensure quality at all stages.
  • CDSCO and State Drug Authorities — to enforce strict oversight, testing, and regulatory action.

Together, they are legally and morally accountable for ensuring that every medicine reaching patients is safe, effective, and of assured quality.

***

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