No rules to govern online medicine sale

Filing a counter on behalf of the state, K Sivabalan, Drugs Controller, Drugs Control Department, said, “Rule 62 of the Drugs and Cosmetic Act, 1940 promulgated by the Central government provides that if the drug is sought to be sold or stocked for sale at more than one place, separate application to be made. Thus, under the Act and Rules framed, what is permitted alone could be done. The online sale is not specifically provided for.”

“Thus, the Central government has brought in a draft notification on August 28, 2018 which would permit and regulate such online sales. Presently, there are no rules to regulate the same and therefore, online sale of medicine is deemed to be prohibited and cannot be permitted to continue,” the counter said

However, blocking the links of such websites does not come under the provisions of Drugs and Cosmetics Act 1940 and Rules 1945, the counter added.

The counter was in response to the plea moved by the Tamil Nadu Chemists and Druggists Association directing the State and Centre to block the links of all such websites who are carrying on online sale of Schedule H and Schedule X medicines in violation of Rule 65 and 97 of Drugs and Cosmetics Rules 1945 till the license are granted to sell medicines through online and pass further or other orders.

Justice Pushpa Sathyanarayana before whom the plea came up for hearing on Monday refused to offer any further clarification on the interim order passed and directed the Centre to file its counter before December 05 to enable the counsels appearing for e-pharmacies place their submissions on that day.

The Madras High Court through an interim order on October 31 had restrained online portals without valid licenses from selling medicines.