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Maha FDA cancels 2,241 retail licenses and suspends 1,857 for violation of D&C Act
Shardul Nautiyal, Mumbai | Friday, May 8, 2015, 08:00 Hrs  [IST]

The Maharashtra Food and Drug Administration (FDA) has cancelled licenses of 2,241 retail pharmacies and suspended licenses of another 1,857 retailers across the state for violation of Drugs & Cosmetics Act like dispensing medicines without prescription.

This is the follow-up of show cause notices issued by FDA to 4503 medical stores across the state between April 2014 and February 2015. During the year, the FDA had conducted inspections on 24,193 retail stores across the state.

The FDA's crackdown is in line with the fact that there is irrational usage of antibiotics and cancellation of licenses is done based on the non-compliance like dispensing medicines without prescription. This comes as a welcome change more so as cases of online sales of prescription drugs has come to light with the growing trends of self medication especially in in tier -1 cities across the country.

The Union health ministry had also amended the D&C Rules to insert Schedule H1 to regulate the use of antibiotics in the country, and had placed 46 antibiotics under this category.

Maharashtra FDA recently raided an e-commerce site Snapdeal’s office and subsequently filed 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 written to the Drug Controller General of India (DCGI) to take further action in the interest of patient safety.

The company was found contravening provisions of the D&C Act and the Drugs and Magic Remedies (Objectionable Advertisements) Act, 1954. The offences under which the FIR have been registered and are cognizable and non-bailable.

The drugs included sildenafil citrate tablets, which are to be sold on prescription by urologists, psychiatrists, endocrinologists and dermatologists and also emergency contraceptives i-pill and Unwanted-72. Indiscriminate use of such drugs might lead to harmful effects.

The free availability of prescription drugs from online retail sites has added to the growing heap of questions on the lack of adequate regulatory framework for the e-tail sector. A senior FDA official explained, ''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.

The Maharashtra Food and Drug Administration (FDA) had cancelled licenses of 5,452 retail pharmacies and suspended licenses of another 3,178 retailers across the state in the year 2013-14 for violation of Drugs and Cosmetics Act. During the year, the FDA had conducted inspections on 48,086 retail stores in the state.

Similar kind of actions was also taken by FDA under the Drugs and Magic Remedies (Objectionable Advertisement) Act (DMR Act). FDA had served 1434 notices and filed 58 FIRs last year.

Comments

Ramesh MANIYAR May 11, 2015 6:01 PM
Good Steps from Maharashtra FDA and m proud.
prabhu J May 10, 2015 12:37 PM
who are all on continuous treatment, with one time prescription is sufficient.Every time we can approach the doctor for prescription & they demand money for every visit. Online purchase has so many advantages. Free home delivery, less price, quality and so many benefit for ordinary citizen. But govt official will not any gain
Lt Col I Hasan May 8, 2015 12:23 PM
I feel this is ridiculous on the one hand the Maharashtra Govt permits BAMS graduates to prescribe Allopathic medicines and on the other hand they want to regulate sale of drugs by pharmacies. Both cannot go paripasu..
Giving the FDA a free hand is like giving a match box to a monkey, as they have no set standards, if they did have one it could be found on the website for anyone to refer to and follow, currently it is show me the FDI inspector and HE will spell out the rules.
The Maha Govt needs to set their own house right before they go about regulating other"s house.
ATUL SHAH May 8, 2015 11:27 AM
please clarify whether medicine sold on prescription but online is allowed or not in india

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