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Recently, there was a huge debate going-on both at the state and
center level regarding online sales of the medicine. E-Pharmacy a
recent entrant in the e-commerce arena is receiving huge support
from Central Government and investors. As per Ken Market
Research's report12, the total revenue generated by
the online sales of healthcare products in India was INR 5,075.9
million in FY 2015 up from INR 771.0 million in FY 2012 at a CAGR
of 87.4 during the period FY2012-FY2015. Though online pharmacy
sector has shown tremendous growth in the economy and helped the
public by providing them online portals where they can compare the
price of the drugs, it has also increased the number of fraud cases
in online sale of the prescription drugs.
Despite attaining a benchmark in the field of e-commerce, the
sector is lacking in regulatory guidelines. The Drug & Cosmetic
Act, 1940, governs the pharmacies in India. Since the law was
written before the computer era, there are no laws related to
internet and e-commerce. The Information Technology Act, 2000 (IT
Act), governs all activities and issues related to the internet.
But there is a lack of accurate and crystal clear laws and
guidelines when it comes to e-pharmacies regulation. There is a
need of stringent regulatory guidelines to be incorporated in
current Drug & Cosmetic Act, 1940 (Act), to ensure efficient
and legitimate running of e-pharmacies. Despite numerous
oppositions from various physical Pharmacy associations over
possibilities of misuse/fraudulence in online sales of medicines,
the Central Drugs Standard Control Organization (CDSCO) on
28.08.2018, came up with draft rules on 'SALE OF DRUGS BY
E-PHARMACY' with an aim to regulate e-pharmacy business and
sales, storage and distribution therein across India under the
Drugs and Cosmetics Rules, 1945 (Rules).
Ban on online sales
Recently Delhi High Court ordered13 ban of the online
medicines, which ban will continue till new laws are framed in this
entity.
The bench comprising Chief Justice Rajendra Menon and Justice V
K Rao said that "once the rules come into play, Online
Pharmacies can start selling the medicines". The application
for the impleadment was filed in a PIL by Zaheer Ahmed seeking a
ban on "illegal" sale of drugs and medicines online. The
main complaints in the PIL include14:
Medicines worth lakhs was being sold
online every day without much regulation and posing a huge risk to
patients as well as doctors.
Online sale of medicines is not
permitted under the Act, and the Pharmacy Act
The Drug Controller General of India,
in 2015, had clearly directed all state drug controllers to protect
the interest of public health by restraining such sale online.
By allowing unchecked online sales,
the government has failed in its responsibility to protect public
health and fulfill its obligation.
Drugs are different from common
items; and their misuse and abuse can have serious consequences for
public health.
Internet is used by a large number of
children, minors and also uneducated people in rural areas. They
can become victims of wrong medication.
Online pharmacies are working without
drug licenses and are also indulging in selling psychotropic
substances.
As per the petition filed - Online pharmacies are operating
without a drug license and cannot be regulated in the present
regime. Unregulated and unlicensed sale of medicines will increase
risk of spurious, misbranded and sub-standard drugs being sold.
Conclusion
Delhi High Court ban on the sale of the online medicine will
certainly give a direction to the authorities where they will need
to come up with some stringent regulatory guidelines and fast-track
the implementation process. This will not only regulate the online
sale of medicine but will also help the e-pharma sector to have
transparency with the drug authorities and abide with the
regulatory guidelines for public safety.
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