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    Relief for online pharmacy traders: Madras High Court vacates stay on sale of online drugs

    Farhat NasimWritten by Farhat Nasim Published On 2019-01-03T13:41:15+05:30  |  Updated On 16 Aug 2021 12:09 PM IST

    Chennai: A sigh of relief comes for the online pharmacy traders and patients purchasing drugs via online pharmacies after the Madras High Court vacated an interim stay passed by it against online sale of drugs.


    The interim stay order was passed by Justice R Mahadevan on a plea moved by Tamil Nadu Chemists & Druggists Association and was to be observed till the central government notified rules regulating the trade.


    The court at the same had directed the Central government to come up with draft rules for the online sale of drugs by 31 January.


    Also Read: Madras High Court refuses to set aside stay on online sale of drugs


    In the recent hearing a division bench of Justice M Sathyanarayanan and P Rajamanickam has set aside the interim stay paying heed to the needy patients.


    "If all of a sudden, it is stopped till the amendments are notified, it would definitely create grave hardship, inconvenience and health issues to the concerned patients or persons, who order medicines through online platform," it said.

    Medical Dialogues had earlier reported,the petitioner had 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.

    "Moreover, laws for pharmacies in India are derived from the Drugs and Cosmetics Act, 1940, the Drugs and Cosmetics Rule, 1945 and the Pharmacy Act, 1948. These laws were written prior to the arrival of computers and India does not have any concrete laws defined for the online sale of medicines. Though various amendments had been made to the Acts, no provision had been incorporated to utilize information technology for sale of medicines online," the association told the daily.


    "Medicines are not simple items of commerce, they are an essential component of patients' health and they must be administrated to patients in a timely manner as prescribed by a registered medical practitioner and such drugs are provided under the direct supervision of a qualified pharmacist for the benefit of patients," it added.


    Also Read: No online sale of drugs till regulatory rules in place: Delhi High Court


    Responding to the petition, the online traders also moved an appeal in the high court. They opposed the association's plea contending that such sale was legal as many of them held valid licences.


    They further added that others were just a website or program that collected related items of content and displayed or linked to them, acting as couriers for licensed pharmacies.


    The online pharmacies also asserted that the Centre had framed draft rules to govern such online sale and the same would be notified soon.


    The bench adjourned the appeals for final hearing on January 24.
    1948Central GovernmentChennaiDrugs and Cosmetics ActDrugs and Cosmetics Act 1940Drugs and Cosmetics Ruledrugs and cosmetics rule 1945e-pharmaciese-pharmacyJustice M SathyanarayananJustice R MahadevanMadras High Courtonline drugsonline medicinesOnline PharmacyP RajamanickampharmaPharma companiespharma companies in Bangalorepharma companies in IndiaPharma IndustryPharma industry in indiapharma news indiapharma vacancyPharmacy ActTamil Nadu Chemists & Druggists Associationtop phar
    Source : With input

    Disclaimer: This site is primarily intended for healthcare professionals. Any content/information on this website does not replace the advice of medical and/or health professionals and should not be construed as medical/diagnostic advice/endorsement or prescription. Use of this site is subject to our terms of use, privacy policy, advertisement policy. © 2020 Minerva Medical Treatment Pvt Ltd

    Farhat Nasim
    Farhat Nasim

      Farhat Nasim joined Medical Dialogue an Editor for the Business Section in 2017. She Covers all the updates in the Pharmaceutical field, Policy, Insurance, Business Healthcare, Medical News, Health News, Pharma News, Healthcare and Investment. She is a graduate of St.Xavier’s College Ranchi. She can be contacted at editorial@medicaldialogues.in Contact no. 011-43720751 To know about our editorial team click here

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