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Bombay HC asks drug regulatory agencies to curb illegal online sale of drugs
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Shardul Nautiyal, Mumbai
September 26 , 2016
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In order to curb online sale of drugs by e-commerce firms, the Bombay
High Court has asked the state drug regulatory agencies as to how they
intend to tackle the violations and subsequent action they would take on
the same. Following this, the Maharashtra Food and Drug Administration
(FDA) has started a special drive to keep a tab on the illegal online
sale of drugs by unregistered firms and has deputed a team of drug
inspectors to implement the same.
The Drug Controller General of
India (DCGI) had earlier directed all the state/UT drugs controllers to
keep a strict watch on online sale of drugs and take action if there is
violation of the Drugs and Cosmetics Act and Rules thereunder.
Online pharmacy is currently governed by Information Technology Act, 2000 and Drugs and Cosmetics Act, 1940.
Meanwhile,
Maharashtra FDA Commissioner has also maintained that online pharmacies
can sell only OTC drugs and not prescription drugs until the policy on
the same is framed.
A group of online pharmacies in the country
under the aegis of the Indian Internet Pharmacy Association (IIPA) had
in the past urged the DCGI constituted sub-committee formed under the
chairmanship of Maharashtra FDA Commissioner Dr Harshdeep Kamble on
online pharmacy to help set up a registry of online pharmacies to ensure
clarity on the legitimate players and frame interim guidelines.
In
most countries, the legitimate players are given specific operating
licenses that are shared with consumers to fight the menace of cross
border internet pharmacies. IIPA recommends a similar model for India,
and also a crackdown on all illegitimate players, online and offline.
IIPA
is a group of online pharmacies represented by 1mg.com, Bookmeds,
mChemist, Medidart, Medlife, Medstar, Netmeds, Pharmeasy, Zigy.com,
SaveOnMedicals and Savemymeds.
IIPA has pinpointed that there are
multiple online pharmacies operating from different parts of the world
that need to be monitored. This according to them will enable legitimate
players to develop their business in this space and bring in the much
needed innovation and technology driven transparency in this sector,
leveraging best practices from across the world.
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