Against the backdrop of cases of violation to Drugs & Cosmetics Act for online sales of prescription drugs by e-commerce websites, Gujarat Food and Drug Control Administration (FDCA) has till date detected three such cases of online sales of prescription drugs and spurious medicines. The regulator has taken legal action on the websites under the provisions of D&C Act and Narcotic Drugs and Psychotropic Substances (NDPS) Act.

In one such case, spurious medicines worth Rs.7 lakhs were being sold online by a firm based out of Surat. The company was found contravening the provisions of the Drugs and Cosmetics Act, 1940, and the Drugs & Magic Remedies (Objectionable Advertisements) Act, 1954.

As per the Section 18 (c) of Drugs and Cosmetics Act, 1940 to be read with Rule 65, only a licensed retailer is entitled for the sale of drugs and that too on the basis of prescription of a doctor only.

Rule 65 prescribes the procedure to be adopted by the medical stores while selling the prescription drugs and under which the prescription from the registered medical practitioner is necessary for sale of Schedule H drugs under the Act.
 
Similar kind of action has also been taken by Maharashtra Food and Drug Administration (FDA). Following a raid on e-commerce site Snapdeal’s office, the state regulator has recently filed an FIR against the company’s directors at the Panvel police station in Raigad district for online sale of prescription drugs. The state regulator has also asked the Drug Controller General of India (DCGI) to take further action in the interest of patient safety.

FDA team raided the Snapdeal premises after the receipt of information that various drugs including the prescription drugs are being offered for sale and sold through Snapdeal.com.

According to a Snapdeal official, "The sellers selling online are retailers and distributors, small and medium business and large brands who typically sell offline, too. Snapdeal acts as an intermediary between the seller and the buyer of the products listed on the platform. Though we invest significantly in educating sellers on engaging in fair and safe sales on the platform and consequences of selling inappropriate products, at times, sellers end up listing such products. Upon being notified of any such products, we delist the products and take appropriate action against such seller.”

The state FDA has also recommended other states to also keep a tab on such malpractices failing which can lead to adverse drug reactions in the patients and prove fatal.

Karnataka state regulatory body has also cancelled over 4 licenses based on illegal online sales of prescription drugs. "The trend of online sales has picked up in big cities and towns. Business in small towns for online sales of prescription drugs by the e-commerce sites is not profitable. This is a dangerous trend as it has led to self medication without consulting a physician. Even if there is a prescription, the model of online sales thrives on duplication of the prescription, which leads to irrational usage of drugs," concludes Rajasthan drug control official Manoj Tongra.