Several Court Cases Pending In HCs On Online Sale Of Drugs Health Minister To Lok Sabha

Updating on the ongoing state of affairs related to banning online sales of medicines Mandaviya cited the Delhi High Court Order, which mentioned that e-pharmacies are not allowed to perform and not using a licence and the stakeholders want to guarantee that the same is prohibited until further orders

On Friday the Union Health Minister for Health and Family Welfare, Mansukh Mandaviya told Lok Sabha in a written reply that a number of court cases are pending in varied High Courts in the country on the web sale of medication while highlighting the 2018 Madras High Court Order and the Delhi High Court Order.

“The Hon’ble Madras High Court, vide order dated 17.12.2018, has ordered that as the draft guidelines are framed by the Central Government, after deliberations including the stakeholders, till the aforesaid rules are notified, the online traders are bound not to proceed with their on-line enterprise in drugs and cosmetics. Thereafter, Madras High Court on 02.01.2019 stayed the paragraph containing the above order dated 17.12.2018,” he said in the reply. 

Updating on the continued scenario related to banning on-line gross sales of medicines he cited the Delhi High Court Order, which mentioned that e-pharmacies aren’t allowed to perform without a licence and the stakeholders need to guarantee that the same is prohibited till further orders. 

Mandaviya stated that the order was sent to the online pharmacy platforms for compliance on 8th May 2019, 28th November 2019 and once more on 03rd February 2023 by the Central Drugs Standard Control Organisation (CDSCO). 

“The Hon’ble High Court of Delhi passed the order that respondents are injuncted from online sale of medicines with no licence and the respondents are directed to ensure that the same is prohibited forthwith until further orders. The stated order of the Hon’ble High Court of Delhi was forwarded to all States and UTs Drug Controllers by CDSCO on 08.05.2019, 28.11.2019 and 03.02.2023 for needed action and compliance,” he acknowledged within the written reply to Lok Sabha members.

Mandaviya said following this show cause notices have been sent by the regulator CDSCO to numerous platforms engaged in the on-line sale of medicine. Replying to a question on whether the e-pharmacies are creating their own health information, the Minister stated that “CDSCO has knowledgeable that no such specific report has been received regarding the creation of their own well being knowledge by E-Pharmacies on their portal.”






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