Treatment Action Campaign and Another v Rath and Others (12156/05)
Treatment Action Campaign and Another v Rath and Others (12156/05) [2008] ZAWCHC 34; [2008] 4 All SA 360 (C) (13 June 2008)
The court found that VitaCell, distributed by the Rath respondents, qualifies as a 'medicine' under the Medicines Act due to the medicinal claims made about its efficacy in treating AIDS. The supply of VitaCell to SANCO constitutes a sale under the Act, even if no consideration is received. However, VitaCell is not subject to mandatory registration as a medicine under the 2002 call-up notice, which only initiates a process for potential registration. The Rath respondents conducted clinical trials without authorisation, which is unlawful under the Medicines Act and its regulations. The adverti…
Source excerpt
- Medicines And Related Substances Act
- Clinical Trials Regulation
- False Advertising
- Ministerial Duties
- Judicial Review
- Public Health Policy