Delhi High Court issues notice in petition to close Online Pharmacies

The Delhi High Court has issued notice in a petition seeking closure of online pharmacies that are offering drugs and prescription medicines through websites..A single-judge Bench of Justice Vibhu Bakru issued notice to the Central Government, Delhi Government, Central Drug Standard Control Organization and Commissioner of Food & Drugs Administration..The Petition, filed through Advocate Amit Gupta, submits that the sale of drugs and prescription medicines online is illegal and without any mandate of law..As opposed to the sale of drugs and prescription medicines in “brick-and-mortar stores”, “online pharmacy stores are operating freely without any regulatory restrictions”, the petition by South Chemists & Distributors Association asserts..Sale and purchase of drugs is regulated by various legislative enactments and rules, such as the Drugs and Cosmetics Act, 1940, Drugs and Cosmetics Rules, 1945, Pharmacy Act, 1948, Pharmacy Practice Regulations, 2015, Indian Medical Act, 1956, Code of Ethics Regulations, 2002, and Drugs and Magic Remedies (Objectionable Advertisement) Act, 1954. However, “the online pharmacies are not following any of the provisions and are allowed to operate freely”, the petition states..This, the petitioner argues, is in violation of Articles 14, 19 and 21 of the Constitution of India as it results in denial of a level playing field between the online and the offline pharmacies..The inaction of the Government in not taking any action against the illegal websites through which Scheduled Drugs including antibiotics, narcotic and psychotropic medicines are available freely online, has serious adverse consequences on the public health, it further claims..“Several alarming risks exist in buying drugs online, such as fake and illegal pharmacies; drug abuse on account of fake or forged prescriptions – in some cases drugs being supplied without a prescription; lack of verification about the ultimate user of the medicines; unhealthy competition; abuse of critical health data generated online; and mishandling during transport…The online pharmacies promote drug abuse, drug misuse and self medication. Also, there is no assurance of temperature control either at their storage points or during transport.“, the Petition reads..The petition also relies on a 2016 report of the “Sub – Committee” constituted by the Drugs Consultative Committee under the Drug Controller General of India to state that sale through e-pharmacies was concluded to be illegal in India. However, no action is being taken by the Government..The matter would be next heard on February 25, 2019.