Delhi HC raised alarm over gyms promoting diabetes drugs like Ozempic for quick weight loss. CDSCO asked to file a detailed reply within three months.
New Delhi: Today, on July 2, in a case raising alarm over the rising misuse of anti-diabetic medicines for weight loss, the Delhi High Court disposed of a public interest litigation (PIL) filed by fitness entrepreneur Jitendra Chouksey.
The petition warned against the off-label and unregulated use of strong anti-diabetic drugs like Ozempic (Semaglutide), Mounjaro (Tirzepatide), and Victoza (Liraglutide) — which are originally meant to treat Type 2 Diabetes — but are now being widely used for weight loss, often without any medical supervision or proper prescriptions.
The Court, while disposing of the PIL, directed the Central Drugs Standard Control Organisation (CDSCO) to look into the representation made by the petitioner and respond with a reasoned reply within three months.
These drugs are GLP-1 receptor agonists, developed to help diabetic patients control blood sugar levels. However, they have recently become very popular worldwide for their side effect — causing significant weight loss.
A Bench of Chief Justice Devendra Kumar Upadhyay and Justice Tushar Rao Gedela showed serious concern about this increasing trend, especially where these drugs are being bought over the counter without any doctor’s prescription.
The Bench noted that such drugs can have serious health consequences and should be properly regulated.
During the hearing, the Court remarked,
“Drugs with such serious consequences must be regulated.”
Senior Advocate Diya Kapur, appearing for the petitioner, informed the Court that in some gyms, trainers were recommending or even giving these medications to people as a shortcut to weight loss.
She said that such drugs were being treated like a “magic formula” for weight loss. Hearing this, Justice Gedela strongly reacted and said,
“Such instances should be reported to the police.”
The PIL highlighted that these drugs are being used more and more for cosmetic or aesthetic weight loss purposes, without proper safety checks, Indian-specific clinical trials, or strict rules from authorities.
The petitioner also pointed out that in the UK, 82 deaths have been linked to such drugs, and there are lawsuits still pending in the United States.
The health risks mentioned in the petition include serious conditions like pancreatitis, thyroid cancer, heart problems, and even possible damage to the brain.
Another serious issue raised was the aggressive and misleading promotion of these drugs. The petitioner said that influencers, wellness clinics, and social media platforms were promoting these medicines to young people, without warning them about the dangers.
Calling it a violation of the fundamental right to health under Article 21 of the Indian Constitution, the petitioner demanded strong action.
The PIL asked for a ban on off-label promotions of these drugs, suspension of their approval for non-diabetic use, and the setting up of a system to monitor and report side effects (pharmacovigilance).
It also invoked the “precautionary principle” — a legal idea that says if a health risk is possible, steps must be taken to prevent it even if there isn’t full scientific proof yet.
While the Court did not pass orders on these main demands, it did tell the CDSCO to carefully examine the petitioner’s concerns and respond in writing within three months.
The Court also asked the petitioner to submit all the research papers, studies, and other documents that were referred to in the PIL.
In the background, another important case is going on in the Delhi High Court — a patent dispute between Indian pharmaceutical company Dr. Reddy’s Laboratories and global drugmaker Novo Nordisk, which makes Ozempic.
This legal fight is over the patent rights for Semaglutide, the main compound in Ozempic.
Ozempic, which was introduced in 2017, is a once-a-week injectable medicine designed for managing Type 2 Diabetes.
But in the last few years, its popularity has grown for off-label use to lose weight. Its main ingredient, Semaglutide, is now one of the most profitable and in-demand compounds in the global pharmaceutical market. Because of this, the patent for it is a key commercial asset for Novo Nordisk.
For petitioner Jitendra Chouksey, Senior Advocate Diya Kapur argued the case and was assisted by a team of lawyers — Advocates Rohit Kumar, Aditya Ladha, Raghav Kumar, Ujjawal Gaur, and Aakansha Chauhan.
Case Title:
Jitendra Chouksey v. Union of India
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