Online Drug War: E-pharmas fend off Madras HC order, for now

Barely three days after a Madras HC judge banned the online sale of drugs nationwide till the Centre rules are notified, a division bench on Thursday provided temporary relief to the e-pharmacies and stayed the order. A division bench of Justice M Sathyanarayanan and Justice P Rajamanickam on Thursday reserved its orders on a batch of writ appeals filed by the e-pharmacies and a platform formed by the major online drug companies against the single judge verdict which would otherwise have come into effect at 10.31 am on Thursday.

Appealing against the single judge order, the e-pharmacies on Thursday argued that they are not violating any rules or regulations under the Act as there are two types of online pharmacies — one acting as aggregators to connect registered pharmacists with the consumer and the other which have their own registered pharmacies and stocks, and sales licences under the existing regulations.

Prashant Tandon, Founder & CEO, 1mg said, ''We are pleased that we got an opportunity to explain our position in detail, and are glad that our operations can continue without any hindrance. We are fully confident that our model is compliant with all legal provisions, as dispensation is through licensed pharmacies and our business positively benefits patients across the country."

Meanwhile, Pradeep Dadha, Founder and CEO, Netmeds, said: "This ruling validates our commitment of providing affordable and accessible medicines to customers across the country. As a fully licensed pharmacy, Netmeds.com is committed to adhering to all the guidelines and standards as prescribed under the Drugs and Cosmetic Act of 1940."

Online pharmacy firms including 1mg Technologies, Netmeds Market Place, 91 Streets Media Technologies, Medlife International and Practo Technologies were impleaded in the case before the single judge last Monday, wherein, after hearing the arguments from both — online pharmacies and the trade organisation — Justice Pushpa Sathyanarayana passed the order. The plea had been moved by the Tamil Nadu Chemists and Druggists Association (TNCDA) which sought an injunction against the online sale of drugs and medicines, on the ground that the same is carried out in violation of the Drugs and Cosmetics Act. "As the draft rules are framed by the Central Government, after deliberations including the stakeholders, till the aforesaid rules are notified, online traders are bound not to proceed with their online business in drugs and cosmetics," the order had said.