- 13-Sep-2025
- Cyber and Technology Law
The sale of medicines online has gained significant traction in India due to the convenience and accessibility it offers to consumers. However, selling medicines online is not as straightforward as other products. The sale of prescription and non-prescription medicines is governed by strict regulations under the Drugs and Cosmetics Act, 1940, and further monitored by the Central Drugs Standard Control Organization (CDSCO) and other regulatory bodies. While the e-pharmacy market is growing rapidly, it is crucial for online pharmacies to comply with legal requirements to ensure that consumers receive safe, authentic, and legally approved medicines.
The Drugs and Cosmetics Act, 1940 regulates the manufacturing, distribution, and sale of drugs in India, including online sales. According to the act:
Example: An online pharmacy selling antibiotics without verifying a prescription can be penalized under the Drugs and Cosmetics Act.
The CDSCO, which is the national regulatory body for pharmaceutical and medical devices in India, plays a critical role in regulating online pharmacies. Under its guidelines:
Example: If an online pharmacy is selling unlicensed drugs or drugs not approved by the CDSCO, it can face penalties and legal action.
The Ministry of Health and Family Welfare (MoHFW) in India issued draft e-pharmacy guidelines in 2018, which set out detailed rules for the operation of online pharmacies. These guidelines include:
Example: A well-known e-pharmacy must check the prescription before dispatching prescribed drugs like painkillers or antibiotics to ensure they are not being misused.
The establishment of a National Pharmacy Commission (NPC) is also proposed to regulate the functioning of e-pharmacies. This body would ensure that online pharmacies comply with ethical standards and consumer safety, reducing the sale of counterfeit medicines and providing consumer protection.
As telemedicine services grow, they are often integrated with online pharmacies. Telemedicine guidelines under the Telemedicine Practice Guidelines, 2020 allow doctors to prescribe medicines remotely. However, these prescriptions must be verified by the online pharmacy before dispatching medicines.
Example: If a patient consults a doctor via telemedicine for a skin condition and receives an e-prescription, the online pharmacy must verify the prescription before sending any medicines.
The online sale of controlled substances (such as narcotics or psychotropic drugs) is prohibited. Online pharmacies are not allowed to sell these drugs without strict regulatory control, even if they are legally available in a physical pharmacy.
One of the most significant risks in online medicine sales is the proliferation of counterfeit or substandard medicines. The government has put stringent measures in place to prevent the sale of fake drugs, including regular inspections and penalties for non-compliance with standards.
Example: An online pharmacy caught selling counterfeit painkillers can face severe penalties, including closure of its platform and legal prosecution.
All medicines sold online must comply with the labeling and packaging requirements as prescribed under the Drugs and Cosmetics Rules. This includes information like the drug's name, dosage instructions, batch number, expiry date, and manufacturer's details.
A customer in India orders a prescription drug for hypertension from an online pharmacy. The online pharmacy verifies the prescription, ensuring it is legitimate and issued by a licensed medical practitioner. The pharmacy also checks the drug’s packaging to ensure it meets legal and safety standards.
If the customer receives the medication and finds it to be counterfeit or substandard, they can file a complaint with the Drug Controller or Consumer Protection Authority.
Selling medicines online in India is legal, but it comes with stringent regulatory requirements aimed at ensuring consumer safety and protecting public health. Online pharmacies must comply with the Drugs and Cosmetics Act, 1940, obtain necessary licenses from the CDSCO, follow e-pharmacy guidelines, and verify prescriptions before dispensing medicines. The government is actively working to regulate and improve the safety of e-pharmacies, which are an essential part of the future of healthcare. However, consumers must remain cautious and purchase medicines only from licensed, reputable online pharmacies to avoid counterfeit or harmful drugs.
Answer By Law4u Team
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