Home » On E-Pharmacy Companies: Gujarat High Court re-iterate Delhi High Court stand

On E-Pharmacy Companies: Gujarat High Court re-iterate Delhi High Court stand

by Rinku Khumukcham
0 comment 2 minutes read

IT News
Imphal, July 11:

Gujarat High Court had issued notices to the Central and State Governments along with E-Pharmacy companies on a case filed in relation to misuse of the process of arranging a call to the customer and their employed medical professionals where in on the basis of a skeletal discussion, a prescription of medicines is generated.
“During this consultation which is very limited, the identity of the doctor is not known and they do not see any medical reports before issuing a prescription. This affects the health of the citizens directly”, quoting the HC notice, a statement by the Manipur Chemists & Druggists Association (MCDA) said.
It was submitted that such prescriptions have not sanctity in the eyes of law and action needs to be taken by National Medical Commission (formerly Medical Council of India) against the doctors who provide prescriptions which are not genuine. It was also submitted that it is even not known that such medical professionals have the specialized qualification to prescribe the drugs on tier letterhead.
It was further submitted that the websites selling the drugs and prescription medicines do not have licenses as required under Section 18 of the Drugs and Cosmetic Act, 1940 read with Rule 61 and 62 of the Drug Rules, 1945. Further, it was submitted that it is shocking that in the online pharmacies, certain schedule drugs are dispensed without any Prescription, which can be ordered by the child aged below 18 years and which would be injurious to his health.
Further, it is submitted that the provision with regard to issuance of license to the e-pharmacy firms, also does not satisfy as there is no such provision mentioned in the Act.
This order by the Gujarat High Court is in line with the Stay Order issued by the Delhi High Court on December 12, 2018 where in ‘the online sales of medicines without license was injected’ and the stay order was continued on subsequent dates on January 1, 2019.
The statement by the MCDA said, “It is indeed very regretful and despite Delhi High Court injecting the sales of medicines online without license, still the online pharmacies continue to mushroom and prosper with the backing of corporate funding and support from the Government, leading to severe ill effects on the health of our citizens. Till date, no license has been prescribed to sell medicine online and all online pharmacies are operating in illegal area”.
All India Organisation of Chemists & Druggists has been regularly corresponding with our Government to implement the order of the High Court and stop this unlawful activity and abuse of law by the E-Pharmacies for the sake of the health of our citizens.

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