Act against online drug sale: DGCI to states

The Central drug regulator has asked the states to take action against companies selling medicine online as it violates the Drugs and Cosmetics Act.

“You are requested to put a strict vigil on online sale of medicine and take action against those indulging in online violation of Drugs and Cosmetics Act and rules in the interest of public health,” Drugs Controller General of India (DCGI) asked the state drug authorities last week.

The DCGI took the action after receiving several representations against e-pharmacies that appear to be gaining popularity.

The existing law does not distinguish between sale of medicines in a store and over the internet as long as the rules are followed. However, experts and pharmacists pointed out in the online business there was barely any way to check if rules are followed properly or not.

At present, producers are allowed to sell drugs only to licensed dealers, registered doctors and hospitals. Retailers are licensed only if they have adequately equipped premises for storage of temperature-sensitive medicines and have qualified on-site pharmacists to dispense drugs against prescriptions by registered medical practitioners and advise patients about the dosage.

There is no provision in the law to deliver drugs to customers by mail or courier. Selling prescription drugs by persons other than pharmacists is a criminal offence that can land the offender in prison for six months as per the Pharmacy Act. “It is obvious that many rules governing sale of drugs were being violated by the portals,” said C M Gulhati, a former consultant with the World Health Organisation and a drug industry insider.

The Drugs Consultative Committee under the DCGI formed a panel under Maharashtra FDA chairperson Harshdeep Kamble to examine the online pharmacy business.