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Legal Consequences of Non-CDSCO Compliance

Home / CDSCO / Legal Consequences of Non-CDSCO Compliance
Non-CDSCO Compliance
Table of Contents
  • REMIT Regulation: Penalties & Fines: If there is a failure in complying with the guidelines issued by Central Drugs Standard Control Organization, severe financial penalties are imposed as per the Drugs & Cosmetics Act, 1940.
  • Suspension or Revocation of License: “The Non-CDSCO Compliance has the power to suspend or withdraw the licenses for the manufacture, import, and sale of non-compliant products,”
  • Product Seizure & Market :Unapproved/unfit products can be confiscated, prohibited, and even withdrawn from the market in India, leading to losses. Criminal Liability
  • More serious offenses will lead to prosecution, imprisonment of offenders like manufacturers and importers, and so on.
  •  Business and Reputation Damage: If it does not comply, it will hamper the credibility of the market and will further not allow it to attain approval in the future and become black-listed.

Introduction |Non-CDSCO Compliance

The following is considered obligatory or mandatory in compliance with the regulations of the CDSCO in India. Failure to comply with Non-CDSCO Compliance regulations is a serious offense, and it would invite strict legal action in the form of punishment in the shape of fines, license cancellation, seizure of products, or prosecution in accordance with the Drugs & Cosmetics Act of 1940 of India as made effective by the Central Drugs Standard Control Organization.


What is a CDSCO License?| Non-CDSCO Compliance

A CDSCO License also refers to an integral government approval that comes from the Central Drugs Standard Control Organization and stipulates the licensed manufacturing, importing, sale, or distributing of drugs, medical devices, and cosmetic products inside the Indian market. This guarantee also implies that these drugs and their products conform to certain approved levels of performance and specifications as mentioned inside the Drugs and Cosmetics Act of 1940.

Key Points:

  • Mandatory Regulatory Approval : For manufacturing, importing, selling, and distributing any drug, device, and cosmetic, it is compulsory to possess an CDSCO license in India.
  • Issued by Central Authority: The license is issued by the Central Drugs Standard Control Organization, which is the central regulatory authority of India.
  • Ensures Safety & Quality :The instrument confirms that the product complies with the standards of safety, quality, and performance as per Indian law.
  •  Legal Market Authorization: The possession of a valid CDSCO License is what allows legally regulated products to enter, be commercialized, and sold in the Indian market. 
  • Prevents Legal & Regulatory Action :The compliance ensures that the businesses remain free from penalties, product seizures, cancellation of their license, and prosecution.

Why is CDSCO Certification Mandatory 

CDSCO Certification is required to ensure that all medications, medical products, and cosmetics sold in the Indian marketplace are adhering to certain standards with regards to quality, efficacy, as well as content, health, & safety standards. The CDSCO Certification is granted by the Central Drugs Standard Control Organization in Non-CDSCO Compliance with the Drugs & Cosmetics Act, 1940, to prevent public health risks from being posed by substandard products that are being sold in the Indian marketplace.

Key Reasons:

  • Mandatory Regulatory Approval:A CDSCO License is mandatory for the manufacture, import, sale, or distribution of Drugs, Medical Devices, and Cosmetics within India.
  • Issued by Central Authority:The license can be obtained from Central Drugs Standard Control Organization, which is a national regulatory authority.
  • Ensures Safety and Quality:It affirms that the product satisfies certain standards of safety, quality, and performance as laid down by Indian legislation. 
  • Legal Market: Dispensing Possession of the CDSCO License enables legal entry, marketing, and subsequent sale of the product in the Indian market.
  •  Protected from Legal and Regulatory Action: It enables a company to prevent penalties, goods seizure, licenses revocation, and prosecution.

Importance and Benefits of BIS Certification

ImportanceBenefits
Protection of Public Health:It has beenCDSCO certification ensures that products are approved on approved standards regarding safety, quality, and efficacy standards.Guarantees the safety and quality of the commodity.The CDSCO certification shall ensure compliance of these products to acceptable standards of safety, quality, and effectiveness.
Legal RequirementsRegardless:In fact, it is a mandatory legal requirement under the Drugs & Cosmetics Act, 1940 in countries like India.Legal Permission to Operate:It provides legal permission to manufacture, import, and sell Regulated Products in India.
Regulatory Market Approval:It provides legitimate authorization to produce, import, and market medicines, biologic products, and cosmeceutical products in India.Market Credibility Enhancement:The certified products will have more confidence among the consumers, distributors, and healthcare professionals.
It is a license Quality on the Product-Controlled Side The CDSCO also keeps track of formulations and the manufacturing and labeling to help avoid production of sub-standard products.Smooth Market Access & Expansion Approval by CDSCO allows for continuous distribution and gives way to expansion in the Indian market.
Prevention of Legal Consequences An individual can comply by making sure that their product complies with ESG regulations and by reporting this compliance to CoolKidz on their website.Reduced Legal and Regulatory Risk :This helps business organizations in avoiding fines, recalls, cancellation of licenses, and enforcement actions under the Central Drugs Standard Control Organization.

Step-by-Step Process of CDSCO Certification

Step1:Documentation

  • Define product category (drug, medical device, cosmetic, IVD)
  • Technical dossier and product information preparation
  • Obtain company registration documents and manufacturing/import licenses
  • Compliance with CDSCO documentation requirements

Step2:Product Testing

  • Send product samples to NABL-accredited/BIS-recognized
  • Perform safety, performance, and quality tests
  • Collect valid test reports
  • Ensure adherence to CDSCO requirements

Step3:Application Submission

  • Register yourself on the CDSCO SUGAM portal
  • Submissions of Applications by CDSCO
  • As mentioned in various
  • All necessary documents and test reports have been uploaded
  • Pay the mandated CDSCO government fees

Step4:Scrutiny and Inspection

  • CDSCO evaluates submitted documentation
  • Technical assessment: Product details
  • Manufacturing site inspection can be performed
  • Queries/ Clarifications raised, if any

Step5:Grant of License

  • Application approved by Central Drugs Standard Control Organization
  • CDSCO License / Registration Certificate issued
  • Approved product for manufacturing/import and sale in India
  • Validity of the license renewable as per regulatory terms

Documents Required for CDSCO Certification

CategoryDocuments Required
Business DocumentsBusiness license/registration, ISO certificate, organizational details
Manufacturer DetailsFactory layout, process flow chart, machinery list, production details
Product DocumentsProduct specifications, component list, user manual, model details
Testing DocumentsTest report from BIS-recognized lab, sample details, test request form
Legal & ComplianceAuthorization letter, brand ownership proof, trademark certificate (if any)
Import/Foreign Manufacturer (If applicable)AIR (Authorized Indian Representative) details, contract agreement, overseas manufacturer documents

Timelines, Costs, Validity & Renewal

  • Timelines: Processing of CDSCO certification typically consumes 20-30 working days, of which 7-15 days are required for product testing, subject to the nature of the product and resolution of inquiries.
  • Expenses: Fees charged by the government differ according to product types, whether it be a drug, medical device, cosmetic, or import product. Other costs can also be incurred depending on inspection, retesting, or changing documentation.
  • Validity:In most cases, a CDSCO license/registration certificate is issued with a validity period of 2 years, depending on several regulatory conditions.
  • Renewal: The process of renewing a license has to be carried out before its expiry date to prevent a suspension or lapse in the license.
  • Renewal Requirements:A set of updated documents, formatted test reports (if needed), and the payment of predetermined fees are the necessities for successful renewal under the Central Drugs Standard Control Organization.​‍​

Why Choose Diligence Certifications 

Diligence Certifications is a reliable regulatory compliance consultancy dealing in CDSCO Licensing and Certification work. With in-depth regulatory knowledge in the Indian regulatory environment, Diligence Certifications assists its clients in overcoming the challenges associated with product registration, documentation, inspections, and approvals in a smooth and precise manner. The client-focused approach, technical capabilities, and success record of Diligence Certifications provide an assurance of a reliable consultancy for its clients for smooth and easy regulatory compliance in the Indian marketplace.


Conclusion 

CDSCO Certification is an integral element in ensuring that medications, medical products, and cosmetics, before being sold in India, are safe, qualified, and clinically effective. Organizations that are CDSCO compliant are ensured to stay away from legal troubles in addition to ensuring that consumers are safe. CDSCO compliance ensures that an organization remains clinically effective, stays away from legal troubles, and runs efficiently in a legal health & consumption environment in India.


Frequently Asked Questions (FAQs)

What is CDSCO?

The Central Drugs Standard Control Organization is an India-wide drug regulatory body charged with regulating drugs, devices, cosmos, and diagnostics under the Drugs and Cosmetics Act, 1940.

What is a CDSCO License?

The CDSCO License is a legal permission for the legal manufacture, import, sale, or distribution of controlled products in India.

Is CDSCO Certification compulsory in India?

Yes. Certification under the CDSCO is a requisite for drugs, devices, cosmetics, and the notified products before engagement of the products for the Indian market.

Who needs to obtain a CDSCO License?

To manufacture, import, distribute, and market regulated products of healthcare and cosmetics, one requires a CDSCO License.

What if a particular product is advertised without the nod of CDSCO?

Similarly, under Indian law, it is punishable to sell any product without approval from CDSCO regarding fines, seizures of products, cancellation of license, prosecution, and imprisonment.

What is the timeframe for obtaining CDSCO Certification?

The entire procedure will generally require 20 to 30 working days, based on the types of products, the set of documentation, the requirements of the testing process, and the regulatory queries.

What Documents are required for CDSCO Certification?

The documents would include: registration for doing business, manufacturing license/import licenses, product specification, test reports, factory information, and authorization letters.

Is product testing mandatory for CDSCO approval?

Yes. The testing for safety, quality, and performance characteristics on the products is required to be conducted in NABL-accredited and/or BIS recognized labs,

The validity of a CDSCO license?

A majority of CDSCO licenses/registrations are for a maximum period of 2 years, depending on the conditions of renewal as per the regulatory authority.

Can a CDSCO License be renewed?

Yes. These CDSCO licenses can be renewed before expiration by submitting updated documents, test reports, wherever required, along with fees to be paid to the government.

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Experienced BIS Consultant specializing in helping businesses navigate India’s regulatory compliance and certification process. With expertise in BIS standards and product certifications, he guides manufacturers, importers, and exporters in achieving hassle-free approvals while ensuring quality and compliance.

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Rajat Rawat

Experienced BIS Consultant specializing in helping businesses navigate India’s regulatory compliance and certification process. With expertise in BIS standards and product certifications, he guides manufacturers, importers, and exporters in achieving hassle-free approvals while ensuring quality and compliance.

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