The Drug Controller General of India (DCGI) sent a show cause notice to online pharmacies on February 10th. In addition to Tata 1 mg, Amazon, and Flipkart, the notice was sent to several other online pharmacies as well. The Drug Enforcement Administration has requested justification from internet pharmacies for continuing to sell and distribute pharmaceuticals in violation of the Drugs and Cosmetics Act of 1940.
VG Somani, the DCGI, has informed internet pharmacies that there are many lawsuits pending in different courts asking for a ban on the selling of pharmaceuticals online.
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The companies that have been handed the show cause notice have so far all declined to comment on it.
The drug regulator has warned that the public’s health could be at risk if drugs were sold, stocked, exhibited, offered for sale or distributed via online, internet or other electronic platforms without a licence due to the possibility of misuse of drugs through self-medication or indiscriminate use.
“The office has received various representations from time to time raising concerns regarding the sale of drugs through online, the internet or other electronic platforms, including various mobile applications, in contravention to the provisions of the Drugs and Cosmetics Act, 1940 & Rules there under,” the DCGI notice to the e-pharmacies read.
“Such sale includes drugs specified in Schedule H, HI and X which are only allowed to be sold under a valid prescription of a registered medical practitioner and supplied under the supervision of a registered pharmacist,” the notice read.
“In this regard, it may be mentioned that import, manufacture for sale or for distribution, or sale, or stock or exhibit or offer for sale or distribution of any drug are regulated under the provisions of the Drugs and Cosmetics Act, 1940 & Drugs Rules 1945 made there,” it stated.
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The notification from the DCGI further said that a licence must be acquired from the relevant state licencing authority, and that the licensee must abide by the requirements of the licence in order to sell, stock, display, offer for sale, or distribute any drug.
“There are cases in various courts in this regard requesting to prohibit the online sale of drugs,” it said.
“In view of the above, you are hereby asked to show cause within 2 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 there under. In case no reply is received, it will be presumed that you have nothing to say in this matter and necessary action shall be initiated against you without any further notice.”
(With inputs from IANS)
