Delhi High Court tells Drug Controller General of India to enforce ban on online medicines

The Drug Controller General of India (DCGI) and drug controllers of respective states will have to implement the Delhi High Court's order restraining sale of medicines by online pharmacists.

The DCGI is awaiting the copy of the order. The HC delivered its verdict on Wednesday following a petition filed by Dr Zaheer Ahmed, a leading dermatologist. The HC is yet to upload the order on its website. The size of online pharmacy is around Rs 2,000 crore annually.

Highly placed sources told DNA, "The high court has delivered its order on Wednesday and it will have to be implemented across the country." The Delhi High Court order comes against the backdrop of passage of draft rules on online pharmacies by the Drug Technical Advisory Board (DTAB) on November 29. The DTAB is the highest nodal agency to give its consent before the release of new rules. 

Also Read- Online Drug War: Chemists rise against policy pill for online pharmacies

The All India Organisation of Chemists and Druggists (AIOCD) and the Maharashtra Registered Pharmacists Association (MRPA) insisted that the DCGI should immediately implement the Delhi HC order.

AIOCD president Jagannath Shinde said, "If they fail, then contempt petition will be filed in the apex court against DCGI and state drug controllers," Shinde said.

Also Read- Online Drug War: Your online pharmacy isn't telling you medicine's expiry date

MRPA president Kailash Tandale recalled that the Madras High Court on Tuesday has reserved its judgement after final hearing in a similar case. "The Madras HC had issued an interim stay in October on online pharmacists across the country. Now in the wake of Delhi high court order, the MRPA expects its implementation with immediate effect," he said.

The order comes at a time when more than 200 online pharmacy startups including 1mg, PharmEasy and Myra are eagerly waiting the release of final regulations from the Department of Health and Family Welfare. The draft rules were issued in August.

Also Read- Online Drug War: Online chemists spin margins into discounts

Dhaval Shah, co-founder, PharmEasy said the order is not yet out. "What we understood is that the Court wants e-pharmacies which sell without a prescription or a license should be banned. Even we support that," Shah said.

Netmeds.com founder & CEO Pradeep Dadha said that after examination of the guidelines that are defined by the Drugs & Cosmetic Act, 1940, the legal and regulatory aspects of the functioning of online pharmacies will be clear.

Also Read- Online Drug War: A look at side effects of e-tailing drugs, regulation concerns & potential for abuse​

Petition Background

In his petition, Dr Ahmed gave examples of how medicines available only on prescription are being sold online. Some drugs having narcotic and psychotropic substances are also available for sale and since online pharmacies do not have a drug retail license, they are out of bounds of the Drug Inspection regime prescribed under the Drug and Cosmetics Act, 1940.

A bench of Chief Justice Rajendra Menon and Justice VK Rao directed immediate ban on the sale of medicines online. Both the Centre and Delhi Government were asked to implement the Court's order forthwith.

The petition points out that online medicine portals cannot curb self-medication or misuse use of narcotic and psychotropic substances. For example, during the winter months, due to the onset of dengue fever, the Delhi Government does not permit across the counter sale of certain drugs meant for curing fever without prescription. But the same drug can be purchased online without any prescription.

(With inputs from Abraham Thomas and Soumonty Kanungo)