Supreme Court of Canada: Shoppers Drug Mart can challenge private-label generic Rx ban in Ontario

TORONTO — Canadian pharmacy retailer Shoppers Drug Mart announced on Thursday that the Supreme Court of Canada has granted its application for leave to appeal to Ontario’s ban on private-label generic drugs.

“The company respects the decision of the Supreme Court of Canada and is pleased with the outcome,” the retailer stated. A hearing date has not yet been set, and no further details were provided.

According to Reuters, Canada’s Katz Group also has been granted leave to challenge the ban.

The Supreme Court of Canada granted Shoppers’ application for leave to appeal the December 2011 decision of the Court of Appeal of Ontario that restored the prohibition on private-label generic drug products in the province of Ontario.

The ban has hampered pharmacies’ earnings and has kept Shpppers from selling its private-label drugs in the province. Reuters reported that Katz Group, which operates Rexall drug stores, wants to launch a similar business.