Breaking: Madras HC STAY blocks online sale of medicines

Purchasing medicines from unlicensed online stores can be risky as they may sell fake, expired, contaminated, unapproved drugs or otherwise unsafe products that are dangerous to patients and which might put their health at risk, the petitioner stated

Chennai: The Madras High Court has granted an interim injunction restraining the online sale of medicines till November 9.

Justice R Mahadevan passed the interim order on a plea moved by the Chennai-based Tamil Nadu Chemists & Druggists Association seeking a direction to authorities concerned to block links of websites that selling medicines online.

The court directed the Centre to file a counter and posted the matter for further hearing to November 9.

The order came after the petitioner filed a writ petition seeking a direction to the respondents to block the link of all such websites who are carrying online sale of Schedule H, H1 & Schedule X medicines in violation of Rule 65 & 97 of the Drugs and Cosmetics Rules, 1945, till the licences are granted to sell medicines through online.

According to the association, though online shopping might be convenient to consumers, purchasing medicines from unlicensed online stores can be risky as they may sell fake, expired, contaminated, unapproved drugs or otherwise unsafe products that are dangerous to patients and which might put their health at risk.

The learned senior counsel for the petitioner further submitted that subsequent to the order of this Court, the government issued the draft rules on 28.08.2018, legitimising the whole E-commerce sale of drugs. However, the Central Government gave 45 days time to record and consider objections.

While the matter is pending thus, online sale of the above-mentioned drugs are still in existence without obtaining proper licences, and hence should not be alllowed.

In view of the above, taking note of the seriousness of the issue and public cause, this Court grants interim injunction against the online sale of medicines without licence and directs the first respondent or the competent authority to stall such online sales forthwith.

Attached is the order below