 "There is no way to check quality of drugs sold online: Harshdeep Kamble")
What prompted the FDA to take action against e-commerce companies, especially Snapdeal, for sale of prescription drugs?
Online sale of prescription drugs is not allowed under the Drugs & Cosmetics Act, 1940. Only a doctor knows which medicine to be prescribed and what would be the dose required for the patient. Only authorised and licensed pharmacists are allowed to sell medicines and that too based on a doctor’s prescription. There are very strict rules because human life is at stake.
On the recent action against Snapdeal, FDA had received a complaint that some e-commerce companies are selling online prescription drugs. We thoroughly investigated the matter. The complainant then came to the FDA with regard to the sale of medicines such as Ascoril cough syrup and Vigora tablets. The complainant, who had ordered on Snapdeal online, received those medicines through couriers. Subsequently, the FDA formed a special investigation team (IT) and simultaneously started scanning other e-commerce websites. The FDA found certain others online companies were also showcasing those medicines on their websites. According to the Drugs and Cosmetics Act, offer of sale of medicine and even an exhibition are not allowed unless and until certain procedures are followed. Thereafter, FDA issued notices to Snapdeal, Flipkart, Amazon and two-three others. Many replied saying they are de-listing those medicines from their websites.
By then, the FDA found out the modus operandi and tried to get more material as evidence. Later, the FDA ordered through its staff some medicines online and they received them from Snapdeal and thereafter decided to proceed further and filed an FIR.
E-commerce companies argue they are a virtual market place. What is your comment?
Pharmacists are licensed and registered. FDA officials regularly visit and inspect their shops; so there is some kind of quality check on them. In the case of e-commerce companies, there are no checks and counterchecks. What FDA fears is that counterfeit and fake medicines can also be sold in this fashion because it is the individual who is placing an order online. This may adversely affect the patient. E-commerce companies’ argument is that they are a virtual market place. However, acting as doctor and pharmacists, they are not allowed to do so. Another point is that selling clothes, apparels and other things is different from the sale of medicines. There is no adverse effect on human health due to the sale of apparels and others, but sale of medicines does have. If some one takes an overdose of a medicine, who will be responsible for this? If a patient had gone through a doctor he or she can file complain against the said doctor or pharmacist.
However, in the case of e-commerce companies they are taking a stand that they are a market place nothing else. If there is a racket of counterfeit medicines, who will be responsible for this? These are very dangerous trends and therefore, unless and until there are counter checks and balances such sale of prescribed medicines should not be practiced. Since the Act does not allow it, FDA had taken the action.
Maharashtra FDA had written to other states and the Centre about online sale of prescription drugs. What is their response?
Telangana state also acted similarly, issued notices to online e-commerce companies and asked them to stop the sale of medicines online. Similar action is being taken in one or two more states.
Do you feel the Centre needs to amend Drugs and Cosmetics Act to give more powers to deal with such cases?
Section 18 of the Drugs and Cosmetics Act gives a wide ranging powers. Yes, a simple amendment will be useful to further effectively deal with online sale of prescription drugs. Self medication should never be practised. Certain checks and counter balances are essential.
Studies show in the US and UK, they have some online pharma companies who are licensed by appropriate authorities. There are certain rules and regulations to be followed. Those companies have licensed pharmacists with them, they have doctors with them. The most important thing is they do not sell medicines without prescription. Similar model can work in India as well.