E-pharmacies are under the scanner of the Narendra Modi government. The apex health regulatory agency of India, the Drug Controller General of India (DCGI), on Friday served a show-cause notice to top Indian e-pharmacy companies.
In the notice, the DCGI, VG Somani, warned these companies of “further action” while giving the deadline of merely “two days” to respond to the notice.
What notice says
Sent on February 10, the notice titled “Online sale and distribution of the Drugs in the country” straightforwardly asked the e-pharmacists to demonstrate “why action shall not be taken against you for the 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”.
The notice, accessed by News18.com, said, “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.”
According to a top official at DCGI’s office, around two dozen firms have been sent the show-cause notice. The list of names also includes top players dealing in the online sales of drugs in India such as an American e-commerce behemoth, India-grown online drug-selling platforms, consultancy platforms, or other e-commerce companies, which gradually started selling medicines.
What does DCGI blame companies for?
According to the notice sent, the office of the DCGI has been receiving various representations from time to time, raising concerns regarding the sale of drugs online, on the internet, or other electronic platforms, including various mobile applications in contravention of the provisions of the Drugs and Cosmetics Act, 1940.
“Such sale includes drugs specified in Schedule H, H1 and X which are only allowed to be sold by retail under a valid prescription of a registered medical practitioner and supplied under the supervision of a registered pharmacist,” it says.
The notice mentions that the sale (or stock or exhibit or offer for sale) or distribution of drugs online, internet, or on other electronic platforms without a licence has a “potential impact on the quality of drugs and pose risk to public health due to potential misuse of drugs through self-medication, indiscriminate use of the drugs etc”.
It clarifies that as per Rule 62 of the Act, if the drug is sought to be sold or stocked for sale at more than one place, “a separate application is to be made to the licensing authority for a grant of licence”.
DCGI reiterates that his office has forwarded the order of the high court on a similar issue to the state drug controllers twice in 2019 and once in February 2023 for necessary action and compliance.
“In spite of the same, you are found to be engaged in such activities without a licence,” the notice said.
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