Open Cases Pending In HCs On Online Sale Of Drugs: Govt To Lok Sabha
On Friday the Union Health Minister for Health and Family Welfare, Mansukh Mandaviya told Lok Sabha in a written reply that several court cases are pending in various High Courts in the country on the online sale of drugs while highlighting the 2018 Madras High Court Order and the Delhi High Court Order.
"The Hon’ble Madras High Court, vide order dated 17.12.2018, has ordered that as the draft rules are framed by the Central Government, after deliberations including the stakeholders, till the aforesaid rules are notified, the online traders are bound not to proceed with their online business in drugs and cosmetics. Thereafter, Madras High Court on 02.01.2019 stayed the paragraph containing the above order dated 17.12.2018," he said in the reply.
Updating on the ongoing situation related to banning online sales of medicines he cited the Delhi High Court Order, which said that e-pharmacies are not allowed to function without a licence and the stakeholders need to ensure that the same is prohibited until further orders.
Mandaviya said that the order was sent to the online pharmacy platforms for compliance on 8th May 2019, 28th November 2019 and again on 03rd February 2023 by the Central Drugs Standard Control Organisation (CDSCO).
"The Hon’ble High Court of Delhi passed the order that respondents are injuncted from online sale of medicines without a licence and the respondents are directed to ensure that the same is prohibited forthwith until further orders. The said order of the Hon’ble High Court of Delhi was forwarded to all States and UTs Drug Controllers by CDSCO on 08.05.2019, 28.11.2019 and 03.02.2023 for necessary action and compliance," he stated in the written reply to Lok Sabha members.
Mandaviya said following this show cause notices were sent by the regulator CDSCO to various platforms engaged in the online sale of drugs. Replying to a question on whether the e-pharmacies are creating their own health data, the Minister stated that "CDSCO has informed that no such specific report has been received regarding the creation of their own health data by E-Pharmacies on their portal."
