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