Government Wins High Court Case Over Unlicensed Tourism Village Pharmacies

The Government of Belize has secured a major legal victory in the High Court after a judge dismissed a constitutional claim brought by four pharmacies against the Attorney General, ruling that the State acted lawfully and in the public interest in enforcing pharmaceutical regulations.  In a detailed judgment delivered by Justice Nadine Nabie, the court dismissed Claim No. 621 of 2024, brought by Pharmacy Express Limited, Tourism Village Pharmacy Limited, Village Discount Pharmacy Limited, and Pharmacy Save Limited, all of which operated out of the Fort Street Tourism Village. The claimants had alleged that the Ministry of Health and Wellness breached their constitutional rights when inspectors closed their operations and seized pharmaceutical products in August 2022.  The court found that the pharmacies had been operating illegally for years without the required licenses, in contravention of the Food and Drugs (Registration, Licensing and Inspection) Regulations, the Chemist and Druggist Act, and other relevant laws. Evidence showed that Ministry officials repeatedly warned the businesses from as early as 2017 that they were required to obtain licenses, yet the pharmacies continued operating in breach of the law.  Justice Nabie ruled that the actions taken by the Ministry, including inspections, seizure of controlled drugs, and temporary closure of the businesses, were lawful, justified, and carried out in the public interest, particularly given the serious risks associated with the unlicensed sale of antibiotics and controlled substances. The court rejected claims of arbitrary search, unlawful seizure, breach of privacy, inequality of treatment, and deprivation of property.  Importantly, the judge noted that while enforcement may have appeared sudden, no business can claim a legitimate expectation to continue operating illegally simply because earlier enforcement was delayed. The court emphasized that protecting public health through regulation of the pharmaceutical sector is a core responsibility of the State.  The claim was dismissed in its entirety, and the court ordered the claimants to pay the Government’s legal costs, including fees for senior and junior counsel, marking a decisive win for the Attorney General and the Ministry of Health and Wellness./////