Delhi High Court urges swift action on Online Medicine Sales, issues final warning, and scrutinizes E-pharmacy challenges

The Delhi High Court has issued a directive to the central government, urging the formulation of a policy governing the online sale of medicines within the next eight weeks. The court, taking note of the protracted nature of the case spanning five years, has underscored that this represents the final opportunity for the central government to establish such a policy. Non-compliance may lead to the personal appearance of the relevant joint secretary in court at the upcoming hearing.

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In response to petitions seeking a ban on illicit online medicine sales, the court has issued an order challenging proposed amendments to the Drugs and Cosmetics Rules and the Pharmacy Act by the Ministry of Health and Family Welfare. It’s noteworthy that in December 2018, the High Court had previously mandated a cessation of online medicine sales, citing violations of the Drugs and Cosmetics Act, 1940, and the Pharmacy Act, 1948.

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Despite previous court directives, there persists a call for decisive action against the government’s inaction towards e-pharmacies. A fresh application has been lodged with the Delhi High Court, urging measures against e-pharmacies for their continued online medicine sales. E-pharmacies assert that they do not require a license for online medicine delivery, drawing a parallel to food delivery apps like Swiggy, emphasizing that they solely provide delivery services for medicines.