Madras HC bans online sale of medicines, directs Centre to notify rules

Madras HC bans online sale of medicines, directs Centre to notify rules

News:

The Madras High Court put ban on online sales and directed the Central government to notify the statutory rules related to online sale of drugs and medicines.

Important Facts:

• Online sale of drugs listed in Schedule H, H1 and X of the Drugs and Cosmetics Act of 1940 were rampant in the country without the prescription of medical practitioners.
• The Drugs and Cosmetics Act was enacted during the colonial era. Though several amendments had been made to the law over the years, no provision had been introduced in it permitting online sale of drugs and medicines.
• As per the Drugs and Cosmetics Rules of 1945, it is not permitted to ship, mail or provide door delivery of the prescribed medicines yet, drugs of scheduled and non scheduled category are available online across the country.

Issues with unregulated online sale of drugs and medicine:

• Online illegal sale of medicines would lead to a drug epidemic, drug abuse and mis-utilisation of habit forming and addictive drugs
• Online sale of medicines is in contravention of the provisions of Drugs and Cosmetics Act, 1940 and the other allied laws
• Drugs/ medicines contain narcotic and psychotropic and some can cause antibiotic resistant-bacteria which is a threat not only to the patient but to the humanity at large.
• E-commerce websites are involved into selling fake products. Unlike consumer items, drugs are extremely potent substances and consuming wrong dose or fake medicine can have fatal consequences on the patient

Drugs and Cosmetics (Amendment) Rules of 2018 for permitting sale of drugs through e-pharmacies.

Important Features:

• The draft rules on “sale of drugs by e-pharmacy” state that no person will distribute or sell, stock, exhibit or offer for sale of drugs through e-pharmacy portal unless registered with the Central Drugs Standard Control Organization (CDSCO).
• Only one license is required to operate e-pharmacies in any state.
• Any person who intends to conduct business of e-pharmacy shall apply for the grant of registration to the Central Licensing Authority in Form 18AA through the online portal
• E-pharmacy registration holder will have to comply with provisions of Information Technology Act, 2000
• The details of patient shall be kept confidential and shall not be disclosed to any person other than the central government or the state government concerned.
• It would be binding on the e-pharmacies to deliver the drugs in the specific time that will be told to the patient during the time of purchase while the e-portals are mandatorily required to have 24/7 call centers.
• No e-pharmacy shall advertise any drug on radio or television or internet or print or any other media for any purpose
• Sale of tranquillizers, psychotropic drugs, narcotics and habit forming drugs have been prohibited through these portals.

Significance:

• It will ensure accessibility and availability of drugs to the people across India.
• After the rules are finalized, people will be able to get genuine drugs through these online pharmacies.
• These pharmacies will be purchasing directly from the drug manufacturer so they will also be able to give 20-30 per cent discounts, thus benefiting the patients.