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Online sale of drugs: CAIT urges Health Minister to implement Rajnath-led GoM recommendations
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IANS | 17 Feb, 2023
Traders' body Confederation of All India Traders (CAIT) has urged the
Union Health Minister to implement the recommendations of the Group of
Ministers constituted under the Chairmanship of Defence Minister Rajnath
Singh on the issue of selling drugs online about more than two years
ago.
The CAIT in a communication on Friday has also
urged Minister Mansukh Mandaviya to put the recommendation in public
domain. It is believed that the GoM has recommended a ban on the sale of
drugs online, said the CAIT.
CAIT National President B.C.
Bhartia and Secretary General Praveen Khandelwal demanded Mandaviya to
take immediate cognizance of the issue and protect large number of
chemists from the onslaught of online pharmacy companies who are
conducting their business activities in utter violation of the standing
provisions of The Drug & Cosmetics Act and Rules thereof.
The
trade leaders have drawn his attention towards show-cause notices sent
by the Drug Controller General (India) to over 20 companies in relation
to their alleged illegal operation in violation of the order of the
Delhi High Court.
CAIT further said that it is important to note
that in a sector that has such a direct impact on consumer health and
safety, it is unimaginable that an unlicensed operator can be permitted
to operate without any responsibility.
"We submit that while use
of technology should not be stopped as it has many advantages, sales
can only be made by licensed players in compliance with law. Our own
members are adopting technology and using digital signatures, e-invoice,
processing orders through WhatsApp, their website or mobile
application, etc. However, this is only done by entities that have valid
licenses issued under the Drugs and Cosmetics Act and Rules and after
due verification of prescription by registered pharmacists. They have
end-to-end control from sale to dispensing of medicines which allows
affixing clear responsibility," it said.
Both the leaders said
that online sale of medicine is being conducted by e-commerce
intermediaries, and e-pharmacy marketplaces that do not possess licenses
(and in some cases cannot possess licenses as they are foreign
companies which would violate the FDI policy) are illegal.
"Companies
such as Amazon and Flipkart among many others, are claiming
intermediary protection and making sale of medicines without license and
without responsibility, which is factually wrong and is being used as a
tool to skip from their liability. Therefore, it is important that
action according to applicable law must be taken immediately without any
further loss of time," said CAIT.
According to the Drugs and
Cosmetics Act and Rules, a license is required for exhibition of
medicines, sale, stocking as well as distribution. E-pharmacy
marketplace platforms exhibit medicines on their websites as well as in
some cases stock them at their warehouse. This is illegal and punishable
under the Drugs and Cosmetics Act and Rules.
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