Following Maharashtra Food and Drug Administration (FDA) raid on e-commerce site Snapdeal’s office and subsequent filing of FIR against the company’s directors at the Panvel police station in Raigad district for online sale of prescription drugs, the state regulator has now asked the Drug Controller General of India (DCGI) to take further action in the interest of patient safety.

The company was found contravening the provisions of the Drugs and Cosmetics Act, 1940, and the Drugs and Magic Remedies (Objectionable Advertisements) Act, 1954. The offences under which the FIR has been registered are cognizable and non-bailable.

According to an FDA official, "Jasper Infotech which owns the e- commerce site Snapdeal.com entered into agreements with dealers all over India to supply medicines exhibited on Snapdeal.com and to collect the sale proceeds. They also displayed 45 drugs with objectionable claims, which contravenes the provisions of the Drugs and Magic Remedies Act."

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. According to experts, one of the key reasons for such incidents is the growing scale of companies and the market model that allows sellers to sneak in products.

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.

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, “In this matter we are assisting the FDA team and we will continue to do so. We have already delisted the products and said sellers and also stopped payment, in addition to providing all information to the FDA team as required by them.

"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 company official said.