Yesterday, the Federal Court published its decisions in Canadian Generic Pharmaceutical Association v. Canada (Health) 2011 FC 465 relating to the standing of CGPA to challenge a decision of the Minister of Health listing fluticasone furoate under the data protection regulations. The court held that the CGPA does not have standing to challenge the decision.
The Canadian Generic Pharmaceutical Association (the “CGPA”) appeals an Order of Prothonotary Lafrenière, dated December 1, 2010 (the “Order”). Prothonotary Lafrenière struck the CGPA’s application for judicial review, which challenged a decision by the Minister of Health (the “Minister”) to maintain the listing of fluticasone furoate on Health Canada’s Register of Innovative Drugs (the “Register”). The Prothonotary decided to strike the application on the grounds that the CGPA does not have the standing to challenge the listing of a particular drug product on the Register pursuant to the data protection provisions in section C.08.004.1 of the Food and Drug Regulations, C.R.C., c. 870 (the “Regulations”).