Flipkart, Amazon and other online pharmacies are served notices by DCGI for selling online medicines without license. DCGI mentioned that online sales of medicine without proper license is illegal as per the order by Honorable High Court of Delhi.
CDSCO has received various representations from time to time raising concerns regarding sale of drugs through online, internet or other electronic platforms including various mobile applications, in contravention to the provisions of the Drugs and Cosmetics Act, 1940 & Rules. Such sale includes drugs specified in Schedule H, HI and X which are only allowed to be sold by retail under a valid prescription of a registered medical practitioner and supplied under the supervision of a registered pharmacist.
The import, manufacture for sale or for distribution, or sale, or stock or exhibit or offer for sale or distribution of any drug are regulated under the provisions of the Drugs and Cosmetics Act, 1940 & Drugs Rules 1945.
As per section 18(c) of the said Act, manufacture for sale or for distribution, or sell, or stock or exhibit or offer for sale or distribute any drug is prohibited except under and in accordance with the conditions of a license issued for such purpose.
The Rule 64 of the Drugs Rules, 1945, prescribes conditions to be satisfied before a sale license is granted; while Rule 65 prescribes the conditions of the license to be complied by the licensee. Further, Rule 62 stipulates that, if the drug is sought to be sold or stocked for sale at more than one place, a separate application is to be made to the licensing authority for grant of license.
Thus, for sale, or stock or exhibit or offer for sale or distribution of any drug, a license is required to be obtained from the concerned State Licensing Authority and conditions of license are required to be complied by the licensee.
