E-commerce giants Amazon and Flipkart along with 20 other online sellers have been issued show cause notices by the Drugs Controller General of India (DCGI) regarding the sale of unlicensed medicines.
The show-cause notice issued by DCGI VG Somani on February 8 cited the Delhi High Court order dated December 12, 2018, which prohibited the online sale of unlicensed drugs. The notice states that the DCGI had sent orders to all states and union territories in May and November 2019 and again on February 3 for necessary action and compliance.
“Yet you are found to be indulging in such activities without a license,” the notice to online drug sellers said. “You are hereby called upon to show cause within 2 days from the date of issue of this notice why action should not be taken against you for sale, stock, display or offering for sale or distribution of drugs in contravention of the provisions of the Drugs & Cosmetics Act 1940 and the rules made there under,” the notice said.
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The notice states that the sale or stock or display or offering for sale or distribution of any drug requires a license from the concerned state licensing authority and the conditions of the license are required to be complied with by the license holders. DCGI has said that in case of non-response, it will be assumed that the company has nothing to say in the matter and necessary action will be initiated against them without further notice.
When contacted, Flipkart Health Plus said it is a digital healthcare marketplace platform, providing easy and convenient access to genuine and affordable medicines and healthcare products from independent sellers for millions of customers across the country. “We have received the notice from CDSCO (Central Drugs Standard Control Organisation) and are giving a befitting reply. As an organisation, we are committed to abide by the laws of the land and to continuously improve our processes/checks and controls. marketplace platform to build trust and enhance customer experience,” said Flipkart Health Plus.
Email queries seeking comment on the development sent to Amazon India and others did not elicit any response. Traders body Confederation of All India Traders (CAIT) national president BC Bhartia and general secretary Praveen Khandelwal in a joint statement demanded the government to strictly implement the law and the Delhi High Court judgment and ensure that no e- Commerce company is not selling medicine. Violation of Drug and Cosmetic Act.
“The government should take strict action against e-commerce, e-pharma intermediaries, marketplace platforms including Amazon and Flipkart, who are selling drugs without obtaining necessary licences,” the statement said. CAIT said that many online drug sellers are foreign controlled and hence, are ineligible to obtain these retail licenses as it would be in violation of the existing FDI policy in multi-brand retail sector or inventory-based e-commerce.
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