All India Organisation of Chemists and Druggists (AIOCD) has decided to file petitions against illegal online sale of drugs posing risks to public health at High Courts in ten states across the country.

The decision to this effect was taken by AIOCD at a two-day meet held in Hyderabad on June 25-26. The meet was attended by around 300 office bearers of state level chemists and druggists associations affiliated to AIOCD.

The petition will be filed in the High Courts by AIOCD through its state level units in 10 states including Maharashtra, Punjab, Delhi, Tamil Nadu, Andhra Pradesh, Assam, Karnataka, Kerala, Uttar Pradesh, West Bengal in second week of July.

“We have decided to file petitions in the High Courts of ten states against illegal operation of online pharmacy to protect health of people as well as interest of 8.5 lakhs chemists,” informed AIOCD general secretary Suresh Gupta.

Gupta claimed that it was illegal to sell drugs online under the Drugs and Cosmetics Act 1940.

Drugs Controller General of India has put ban on sale of drugs online. However, the ban is temporary until 7-member panel chaired by Dr Harshadeep Kamble, Commissioner, Food & Drugs Administration, Maharashtra, which was set up to look into consequences of online medicine sale and submit its report.

Last year AIOCD held a day-long bandh to protest against illegal online sale of medicine. The Bombay High Court also instructed the government to check unauthorised sale of drugs online.

“Easy access to drugs through internet could lead to irrational use of medicine and drug addiction in youth. We can not compare the operation of online pharmacy in developed countries with India”, he said.

Currently, online pharmacy business is operating illegally and the authorities concerned are not taking any action against them despite repeated complaints made by AIOCD, Gupta alleged.

The online pharmacies are supplying all products including Scheduled H, H1, X drugs that come with a warning, “To be sold in retail on the prescription of a registered medical practitioner only,” he claimed.

According to Rule 61 of the D&C Rules, 1945, it is compulsory for drug retailers and wholesalers to get a licence to sell medicines. Hence it is clear that medicines, of any category, cannot be sold in absence of licence under the rules, he concluded.