In recent times, e-pharmacies have garnered growing traction, with these services being relied upon heavily during the pandemic. A recent notification issued by the Union Health Ministry is considering bringing a clamp down on these services following concerns over data privacy, malpractices, and the baseless sale of drugs. Among the services that may soon face a ban over online sales of drugs include Tata 1mg, Amazon, NetMeds, Flipkart, MediBuddy, Practo, and Apollo.
The Health Ministry in India is considering imposing regulations and strict actions against e-pharmacies (online platforms selling medicines) over data privacy, malpractices, and the baseless sale of drugs. Some reports also claim that the government is mulling over a complete ban on such online services. The existing Drugs and Cosmetics Act (1940) read that "No person shall himself or by any other person on his behalf sell, or stock or exhibit or offer for sale, or distribute, any drug by online mode (e-pharmacy) except under and in accordance with a licence or permission issued in such manner as may be prescribed."
Revision In New Draft Bill
This provision will be removed and revised in a new draft bill. The New Drugs, Medical Devices, and Cosmetics Bill, 2023, that is sent for further inter-ministerial consultation, proposes "The central government may regulate, restrict or prohibit the sale or distribution of any drug by online mode, by notification." This new revised version of the bill was put out on the public domain in July 2022, seeking feedback from the stakeholders, and it also contained a provision for taking permission to operate an e-pharmacy.
According to a report by NDTV, among the major focus areas of the draft include regulating the functioning of e-pharmacies, unrestrained and irrational use of prescription drugs, and ensuring the privacy of patient data is maintained. At a time when cyber crimes and related unlawful activities are at a high, protecting the user's data becomes crucial. E-pharmacies function in a way such that they collect area-wise data related to medicine consumption. This puts patient safety at immediate risk if necessary measures are not adopted.
Multiple ministers had earlier voiced their favor in banning online pharmacy services. The Drugs Controller General of India (DCGI) also issued show-cause notices to 20 e-pharmacies over the online sale of drugs/medicines in alleged violation of norms. They forwarded the order to all state and Union Territories once in 2019 and again on February 2023, pressing for necessary action and compliance. The notice to the online medicine sellers conveyed that in spite of such repeated warnings, the sellers were found to be engaged in such activities without even a licence.