In a counter in the ongoing litigation against online sales of medicines in the country, the drug controller of Tamil Nadu has argued that sales of medicines through internet cannot be regulated as there are hardly any rules governing the same.
In a counter in the ongoing litigation against online sales of medicines in the country, the drug controller of Tamil Nadu has argued that sales of medicines through internet cannot be regulated as there are hardly any rules governing the same. The drug controller has pleaded that since the writ petition was devoid of merits, the high court should dismiss the petition.
The high court, on October 31, had issued an interim order restricting online sales of medicines without license and directed the central government or competent authority to stall such online sale. The counter affidavit was filed in a petition filed by the Tamil Nadu Chemists and Druggists Association (TNCDA) seeking an order against online sales of medicines through e-pharmacy websites, since it is not permitted under the prevailing Drugs and Cosmetics Act and activities to permit it is only in the progress through a draft rule.
The State Drugs Administration submitted that blocking the links of the online pharmacies was not coming under the purview of the provisions of the Drugs and Cosmetics Act, 1940 and Rules 1945. It added that the state government is not having any role in the addition or deletion and amendment in the Act and Rules.
“Therefore, unless and until there are any rules governing the same, online sale cannot be regulated. What cannot be regulated cannot be permitted. The Act recognises and permits only certain manner of sale or vending particularly the retail,” said the counter, adding that the writ petition was not maintainable at present and was liable to be dismissed.
On Monday, the Chennai-based online pharmacy TNMEDS and a regional pharmacists’ organisation were also impleaded in the matter. The court adjourned the hearing to December 5, with the central government yet to file its counter affidavit on the matter.