Battle Between E-Pharmacies, Retailers Intensifies In TN As Drug Controller Seeks Dismissal Of Writ Petition

In a counter in the ongoing litigation against the online sale of medicines in the country, the drug controller of Tamil Nadu has argued that the sale of medicines through the internet cannot be regulated as no rules govern them. The drug controller has requested the High Court to dismiss the writ petition as it was devoid of merits, reports The Financial Express.

An interim order was issued by the High Court, on 31 October, restricting the sale of medicines online without a licence and directed the Central government to stop such online sales. A counter-affidavit was filed by the Tamil Nadu Chemists and Druggists Association (TNCDA) seeking an order against the sale of medicines online through e-pharmacy websites since it was not permitted under the current Drugs and Cosmetics Act and activities to permit it was only in progress through a draft rule.

Blocking the links of the pharmacies, which sell online, was not under the purview of the provisions provided under the Drugs and Cosmetics Act, 1940 and Rules 1945. It also added that the government had no role in the addition or removal and amendment in the Act and Rules, claimed a submission made by the State Drugs Administration.

“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 retail,” claimed the counter filed, adding that the writ petition was not maintainable at present and was liable to be dismissed.

Chennai-based online pharmacy, TNMEDS, and a regional pharmacists’ organisation were also prosecuted in the matter, on Monday (19 November). The court has adjourned the hearing to 5 December. Meanwhile, the Central government is yet to file its counter affidavit on the matter.