Ikigai LawIkigai LawIkigai LawIkigai Law
  • About Us
    • About
    • Our Team
    • FinTales
    • Tech Ticker
  • Practice Areas
  • Blog
  • News & Events
    • Ikigai Law in the news
    • Ikigai Law at events
    • Ikigailaw on the social media
  • Careers

The E-pharmacy story in India

    Home Health-tech The E-pharmacy story in India
    NextPrevious

    The E-pharmacy story in India

    By Ikigai Law | Health-tech | 0 comment | 20 November, 2020 | 5

    This post traces the timeline of events leading to the formulation of e-pharmacy rules passed by the government of India and the current status of online sale of drugs.

    Introduction:

    E-pharmacies have played a prominent role during the Covid-19 pandemic. A FICCI white paper indicates a 2.5 times growth in the number of households using e-pharmacies during the pandemic.[1] Importantly, penetration in non-metro cities is also on the rise. E-pharmacies’ growth is expected to continue post-Covid as well, especially given the government’s push towards digital health through the National Digital Health Mission (NDHM).[2] Online pharmacies have requested the government to notify the final e-pharmacy rules.[3] These rules have been in the works for over 2 years- the draft rules were released by the Ministry of Health and Family Welfare (Health Ministry) in August 2018,[4] but are yet to be notified. In the interim, petitions have been filed before a few High Courts challenging the online sale of drugs. Several of these are still pending, awaiting final notification of the rules.

    In this post, we present a timeline of events around the regulation of e-pharmacies cases.



    This post has been authored by Ikigai Team.

    For more on the topic please get in touch at contact@ikigailaw.com


    [1] FICCI Report, E-pharmacies at COVID-19 Frontline, (August 2020), http://ficci.in/spdocument/23316/FICCI-ePharmacy-Whitepaper.pdf

    [2] National Health Portal, National Digital Health Mission, https://www.nhp.gov.in/national-digital-health-mission-(ndhm)_pg

    [3] https://www.business-standard.com/article/economy-policy/e-pharmacies-urge-govt-to-notify-e-pharmacy-rules-vital-to-health-mission-120100101497_1.html, 02 October 2020

    [4] Draft e-pharmacy rules, Health Ministry, 28 August 2018, https://cdsco.gov.in/opencms/opencms/system/modules/CDSCO.WEB/elements/download_file_division.jsp?num_id=MTkzOQ==

    [6] Report of the sub-committee constituted by the Drugs Consultative Committee to examine the issue of regulating the sale of drugs over internet under the Drugs and Cosmetics Rules, 1945, 30 September 2016, https://cdsco.gov.in/opencms/resources/UploadCDSCOWeb/2018/UploadCommitteeFiles/CommitteeReport_e-pharmacy_14.pdf

    [7] FICCI, Self-Regulation Code of Conduct for the e-pharmacy sector in the interest of consumer, 21 November 2016 http://ficci.in/pressrelease/2600/ficci-press-nov21-e-pharmacy.pdf

    [8] Draft e-pharmacy rules, Health Ministry, 28 August 2018, https://cdsco.gov.in/opencms/opencms/system/modules/CDSCO.WEB/elements/download_file_division.jsp?num_id=MTkzOQ==

    [9] Madras HC bans online sale of drugs, The Hindu, 01 November 2018, https://www.thehindu.com/news/national/tamil-nadu/madras-hc-bans-online-sale-of-drugs/article25384004.ece

    [10] W.P No. 11711 of 2018 titled Dr. Zaheer Ahmed vs. Union of India & Ors., 12 December 2018, Delhi HC, http://delhihighcourt.nic.in/dhcqrydisp_o.asp?pn=299654&yr=2018

    [11] Single judge bench order in W.P. No. 28716 of 2018 titled The Tamil Nadu Chemists and Druggists Association vs. Union of India & Ors., 17 December 2018, Madras HC, https://indiankanoon.org/doc/7076591/ [1] http://164.100.79.154/chennai-do/index.php/casestatus/viewpdf/cmp_23341_2018_xxx_0_0_02012019_03.pdf

    [12] http://delhihighcourt.nic.in/dhcqrydisp_o.asp?pn=26160&yr=2019

    [13] https://inc42.com/buzz/delhi-hc-upset-with-centre-for-delay-in-draft-epharmacy-rules/

    [14] https://www.livemint.com/politics/policy/government-plans-to-roll-out-e-pharmacy-project-in-100-days-1559673574952.html

    [15] http://patnahighcourt.gov.in/ShowPdf/web/viewer.html?file=../../TEMP/1ebf17dd-4154-4a45-a642-01cd3e3850e7.pdf&search=the%20draft%20rules%20remains%20in%20the%20draft

    [16] https://www.medianama.com/2019/09/223-online-pharmacy-zaheer-ahmed-delhi-high-court/

    [17] https://economictimes.indiatimes.com/small-biz/startups/newsbuzz/e-commerce-needs-clarity-on-sale-of-prescription-medicines/articleshow/73697273.cms

    [18] https://in.reuters.com/article/us-india-drugs/india-asks-states-to-halt-online-drug-sales-idINKBN1Y80YI

    [19] https://www.mohfw.gov.in/pdf/Doorstepdelivery26B.pdf

    [20] http://delhihighcourt.nic.in/dhcqrydisp_o.asp?pn=83671&yr=2020

    [21] https://yourstory.com/2020/05/aarogya-setu-mitr-free-online-covid19-coronavirus

    [22] https://www.medianama.com/2020/06/223-govt-suspends-aarogya-setu-mitr/

    #accesstohealthcare, #epharmacy, #onlinepharmacy, healthtech, Ikigai Law

    Ikigai Law

    More posts by Ikigai Law

    Related Post

    • Hemp gets recognition as ‘food’: but food comes with its own set of indigestible regulatory challenges

      By Ikigai Law | 0 comment

      In this post, we unpack the history of the cannabis plant, and the FSSAI’s acknowledgement of cannabis derivatives under the category of food. What’s legal but seems almost illegal? For the investors on Shark TankRead more

    • De-coding the Clinical Investigation process under the Medical Device Rules, 2017

      By Ikigai Law | 0 comment

      This post describes the clinical investigation process under the Medical Devices Rules, 2017. Introduction: The Indian healthcare industry has risen to the challenge of providing affordable drugs domestically and internationally. India has earned the reputationRead more

    • National Digital Health Mission Sandbox: a golden opportunity for the HealthTech industry

      By Ikigai Law | 0 comment

      This post explores why participating in the NDHM Sandbox is a golden opportunity for the HealthTech industry. Introduction: The Government needs a robust technical infrastructure backing its goal to expand access to quality healthcare throughRead more

    • Medical devices regulation in India: tracing its evolution to gets cues on its future development

      By Ikigai Law | 0 comment

      The medical devices industry needs robust regulations. This article traces the evolution of medical devices regulation in India. Medical devices whether syringes and swabs, implantable devices, or technologically advanced solutions like software-driven devices, play aRead more

    • Webinar: Healthcare at your doorstep: Regulation of remote healthcare practices

      By Ikigai Law | 0 comment

      Propelled by the Covid-19 crisis, the government recently released “telemedicine practice guidelines”. Tanya Sadana and Sreenidhi Srinivasan of Ikigai Law hosted a webinar to discuss the legal and practical challenges of telemedicine. They were joinedRead more

    Leave a Comment

    Cancel reply

    Your email address will not be published. Required fields are marked *

    NextPrevious

    Tags

    #DataProtection #Fintales bitcoin Blockchain Budget Consent Consultation Consultation Paper cryptocurrency data Data Controllers data governance Data localisation Data Protection Data Subjects digital economy Digital India Drones E-Commerce Facebook Fintech Government Government of India healthtech Ikigai Law India Indian government Innovation intermediary liability MeITY Notice Personal Data policy Privacy RBI Recommendation Regulation Srikrishna Committee Stakeholders Startups Surveillance Technology Tech Policy TechTicker TRAI

    Connect with Ikigai Law

    Copyright 2018 Ikigai Law | All Rights Reserved             

    Information

    • Practice Areas
    • Blog
    • Careers
    • Contact Us
    • Privacy Policy

    Contact us

    Office
    T-7/402, Commonwealth Games Village Apartment,
    New Delhi, Delhi 110092 India.

    Email Address

    contact@ikigailaw.com

    • About Us
      • About
      • Our Team
      • FinTales
      • Tech Ticker
    • Practice Areas
    • Blog
    • News & Events
      • Ikigai Law in the news
      • Ikigai Law at events
      • Ikigailaw on the social media
    • Careers
    Ikigai Law