Bombay High Court (HC) has asked the state government to take steps to curb illegal online sale of drugs based on a petition filed against advertisements of Schedule H drugs in electronic media and other digital media which is detrimental to patient safety.

It has directed the state government to file reply within four weeks to tackle the menace of online sale of drugs. It has also directed the central government to file a reply/ affidavit on the same.
 
The HC directive states that the state government shall, therefore, take steps to get in touch with the concerned departments namely the Information Technology department and Information and Broadcasting departments and inform the court what steps they propose to take and stop advertisement and sale of such drugs.

Online pharmacy is currently governed by Information Technology Act, 2000 and Drugs and Cosmetics Act, 1940.

Earlier, the state government was directed to file an affidavit stating therein what action is taken by them against the said online sale of drugs. A detailed affidavit-in-reply has been filed by the state government in which they have given a chart which shows the actions taken against various individuals at the complaints which are filed against them.  

On which the court order says, “Prima facie we are satisfied that the Maharashtra government is looking into the matter and has started initiating actions against those companies which are advertising these drugs on the TV. We are of the view that in order to stop this menace of sale of Schedule H drugs and the drugs which are not approved by the FDA, the advertisement of these drugs on TV and other websites will have to be stopped.”

Meanwhile. Maharashtra Food and Drug Administration (FDA) has started a special drive to keep a tab on the illegal online sale of drugs by unregistered firms and has deputed a team of drug inspectors to implement the same.

The Drug Controller General of India (DCGI) had earlier directed all the state/UT drugs controllers to keep a strict watch on online sale of drugs and take action if there is violation of the Drugs and Cosmetics Act and Rules there under.

Meanwhile, Maharashtra FDA Commissioner has also maintained that online pharmacies can sell only OTC drugs and not prescription drugs until the policy on the same is framed.

Recommendations from all stakeholders are currently being reviewed by the Sub-Committee constituted by the 48th Drug Consultative Committee under the chairmanship of Maharashtra Food and Drug Administration Commissioner Dr Harshdeep Kamble to formulate guidelines on the use of information technology in online pharmacy and authorise its legal validity.