Fri. Mar 29th, 2024
MadrasMadras High Court Bans Online Sale Of Medicines

The Madras High Court on Monday issued a complete ban on the online sale of medicines till the Union Health Ministry and the Central Drugs Standard Control Organisation notify rules for regulating it.

The judgement came in the wake of a petition filed by Tamil Nadu Chemists and Druggists Association. Justice Pushpa Sathyanarayana has asked the online pharmacies to obtain licenses as per the prescribed rules within a duration of two months.

The petition said that medicines from the unlicensed online stores might put the patient’s health at risk because the drugs could be fake, expired, contaminated or unapproved.

Senior Advocate  A R L Sundresan, who appeared for the petitioner highlighted that India currently lacks any law or provision which defines the online sale of medicines, “Laws for pharmacies in India are derived from the Drugs and Cosmetics Act, 1940, the Drugs and Cosmetics Rule, 1945 and the Pharmacy Act, 1948. These laws were written prior to the arrival of computers and India does not have any concrete laws defined for the online sale of medicines. Though various amendments had been made to the Acts, no provision had been incorporated to utilize information technology for sale of medicines online.”

He added that medicines, unlike other items, are taken under the direct supervision of a registered medical practitioner.

The court has set January 31, 2019, as the deadline for issuing the notification.

What online pharmacies have to say

Prashant Tandon, CEO, 1mg demanded the clarification of the court order. Tandon, who is also a member of India Internet Pharmacy Association (IIPA) said, “The legal process will take its course and we will make sure that our model is understood well.” He added,”We want to confirm if the order applies only to those in violation of the Drugs and Cosmetics Act.”

Pradeep Dadha, the founder of Netmeds.com claimed that their services have been appreciated by customers across the country for providing easily accessible and affordable medicines.

He further declared, “We would be filing an appeal and taking the required recourse available under the law.”

Leave a Reply

Your email address will not be published. Required fields are marked *