Modi Mundipharma had approached the commission charging Protec, a Cipla division, with adoption of and indulgence in unfair trade practices by making false and deceptive claims in respect of the chemical theophylline for promotion of two formulations - Theoday 400 and Theoday 600.

In addition to the complaint, an application under section 12A seeking interim injunction was also filed by Modi Mundipharma.

In its complaint, Modi Mundipharma said Protec's brochure circulated to hospitals and doctors contained statements from articles published in medical journals dealing with the efficacy of the drug uniphyl and uniphyllin and it had replaced uniphyl by Theoday 400 and 600 so as to suggest thatthe research has been conducted on the latter.

Acting on the application, MRTPC issued a notice of enquiry as well as for interim relief following which Protec submitted that it would withdraw its brochure which it did before the final date of hearing.

However, Modi Mundipharma insisted that Protec should clearly admit that it had indulged in unfair trade practice to meet the requirements of section 36 of the MRTP Act besides discontinuing the publication of the misleading claims.

MRTPC chairman AN Divecha and member RK Anand in their order said it was not necessary for Protec to admit in clear terms that it had indulged in unfair trade practice alleged in the notice of enquiry and withdrawal of the objectionable material was sufficient.

"The undertaking, given by the respondent, to the effect that the impunged brochure and publicity material containing false and misleading claim would not be published and circulated, meets the requirements of section 36D(2)," they said.