The Drug Controller General of India (DCGI) has asked online pharmacies to explain why action should not be taken against them for selling and distributing drugs in contravention of provisions of Drugs and Cosmetics Act 1940.
DCGI Requesting Prohibition Of Online Sale Of Drugs
Regarding the same, DCGI has served show cause notice to 20 e-pharmacies in the country on February 10.
In a notice, VG Somani, the DCGI has told the e-pharmacies that there are several cases in various courts requesting prohibition of online sale of drugs.
This includes Tata1mg, Flipkart Health+, and Amazon, who have been sent the show cause notice but refused to comment on it.
The DCGI notice states that the sale, or stock or exhibit or offer for sale or distribution of drugs through online, internet or other electronic platforms without a license have potential impact on quality of drugs and pose risk to the public health due to potential misuse of drugs through self-medication, indiscriminate use of the drugs.
Further adding, “In view of above, you are hereby asked to show cause within 02 days from the date of issue of this notice, why action shall not be taken against you for sale, or stock or exhibit or offer for sale or distribution of drugs in contravention of the provisions of the Drugs and Cosmetics Act, 1940 and Rules made thereunder,”.
Clarifying more, if the company didn’t no reply to the notice, it will be presumed that they have nothing to say in this matter, and necessary action shall be initiated against them without any further notice, said the drug regulator.
In this regard, the apex drug regulator has quoted the order by Delhi High Court in the matter of Dr. Zaheer Ahmed Vs Union of India and others.
The notice copy to e-pharmacies mentions the excerpt from order saying “Respondents are injuncted from online sale of medicines without license and the respondents are directed to ensure that the same is prohibited forthwith until further orders.”
Selling Medicine Without License
Interestingly, the e-pharmacies were found to be engaged in selling medicines online without license. even after the instructions from apex regulator for compliance of the order of Delhi High Court, said the DGCI.
Further, Somani said that he has received various representations on concerns regarding sale of drugs through online, internet or other electronic platforms including various mobile applications, in contravention to the provisions of the Drugs and Cosmetics Act, 1940 & Rules there under, in the notice.
The notice mentioned, “The Rule 64 of the Drugs Rules, 1945, prescribes conditions to be satisfied before a sale license is granted; while Rule 65 prescribes the conditions of the license to be complied by the licensee,”.
Under Rule 62, if the drug is sought to be sold or stocked for sale at more than one place, a separate application is to be made to the licensing authority for grant of license, said DCGI in the letter.
Further adding, “Thus, for sale, or stock or exhibit or offer for sale or distribution of any drug, a license is required to be obtained from the concerned State Licensing Authority and conditions of license are required to be complied by the licensee,”.
So far no response came from the leading e-pharmacy firms on the notice from DCGI.
On the other hand, the All India Organisation of Chemists and Druggists (AIOCD) has welcomed the notice from the regulator saying the online retailers were adopting alleged unethical practices of flouting rules by competing with predatory pricing and giving discount offers more than the margin available to trade.
General Secretary, AIOCD, Rajiv Singhal said, “AIOCD welcomes this decision and expects suitable actions against corporate houses backed e-pharmacies, and predatory pricing policy posing threat to existence of small business owners,”.
