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Makers of Arthrem fail to stop it being made ‘prescription only’ in court – Stuff.co.nz

May 17th, 2020 3:46 am

Dominion-Post

Promisia Integrative says the extract in Arthrem should not be classed as prescription only. (File photo)

The makers of Arthrem, which has been sold as joint mobility supplement, have failed to stop it being made a prescription-only medicine, pending a legal review of the change.

The Minister of Health intends publishing a formal legal notice that the plant extract artemisia annua is a prescription-only medicine.

The extract is an ingredient of Arthrem, which Promisia Integrative has been selling for about six years as a dietary supplement in pharmacies and online without a prescription, the Court of Appeal said in a decision issued on Friday.

Promisia Integrative, a listed company based in Wellington, asked the High Court to review the decision to make the extract prescription only, and in the meantime it wanted to stop the change in its status.

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But the High Court refused that request and on Friday the Court of Appeal declined to hear an appeal against the decision.

Promisia is challenging the process used to come to the prescription-only decision, and in particular the data used to reach the decision that the extract might cause liver damage.

It said there were no compelling public safety reasons for the decision to take effect now rather than waiting until the court case has been decided.

Arthrem remained on sale in the meantime, but Promisia has told shareholders that it is exiting the natural products market and the decision to reclassify the extract would have minimal impact on the company.

supplied

Herb artemisia annua grown in Tanzania for Promisia Integrative to use in Arthrem. (File photo)

The Court of appeal decision records the company said sales dropped 90 per cent when the Director-General of Health published an alert, it may lose $1.3 million if it can't process the extract and has to compensate pharmacies for the stock they hold, and it has suggested losses of up to $50m.

The Court of Appeal said the potential financial losses were not discounted, but did not outweigh a public health risk that could not be discounted either.

The extract has been used in Chinese medicine for centuries and is sold as an aid to joint health and mobility, the High Court judge said. Central to the case is whether the extract is a food or a medicine.

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Makers of Arthrem fail to stop it being made 'prescription only' in court - Stuff.co.nz

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