Centre informs HC: Draft rules for regulation of "online sale of medicines" to be finalized by Jan 31

January 03, 2019:

On Friday, Union Govt. informed the Bombay High Court that it was likely to finalize draft rules for regulation of online sale of medicines by January end.

Union Govt.'s lawyer D P Singh told a bench of Chief Justice Naresh Patil and Justice N M Jamdar that in compliance with an order of the Madras High Court, the Govt. has "already framed draft rules, and conducted a series of meetings with experts".

The Union Govt. is in the process of finalising the draft rules under the Drugs and Cosmetics Act, and they will be notified soon, Singh added.

The bench was hearing a Public Interest Litigation filed by a college professor from the city in 2015, demanding that online sale of medicines, including 'schedule H' drugs which can not be sold without doctor's prescription, be regulated.

The bench noted the issue was "crucial" as it concerns public health, and asked the Centre and the Maharashtra Govt. about the steps being taken to ensure that medicines are sold only through licensed chemist shops.

In 2017, another bench of the Bombay HC had appointed an amicus curiae (an expert to assist the court) in the matter.

The bench asked the amicus, advocate Zal Andhyarujina, for suggestions.

Advocate Singh then informed the judges that the Madras HC had directed the Union Govt. in Dec 2018 to notify the rules regarding online sale of medicines by Jan 31.

Judges have said they will wait for the Union Govt. to take appropriate action, and adjourned the hearing to Feb 4.

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