DCGI sends show-cause notice to Amazon, Flipkart, 18 others for selling drugs online without licence

The Drugs Controller General of India (DCGI) has sent show-cause notices to e-commerce behemoths Amazon, Flipkart Health Plus, and 20 other online merchants for the illegal sale of drugs online.

"In spite of the same, you are found to be engaged in such activities without a licence," says the warning to the online pharmaceutical vendors who are breaking the rules.

"...You are hereby asked to show cause within 2 days from the date of issue of this notice, why action shall not be taken against you for sale, or stock, or exhibit or offer for sale or distribution of drugs in contravention of the provisions of the Drugs and Cosmetics Act 1940 and rules made thereunder," the notice read.

The notification, dated February 8, by DCGI's VG Somani, cited a Delhi High Court judgement dated December 12, 2018. The notification prohibits the sale of drugs online without a licence.

The DCGI also forwarded the directive to all states and union territories in May and November of this year, as well as on 3 February, for mandatory action and compliance.

Additionally, the notification states that the sale, stock, show, or offer for sale or distribution of any drug requires a licence from the relevant state licencing body, and that licence holders must comply with the conditions of the licence.

The DCGI said that if there is no response, it will be assumed that the company won't comment on the topic and necessary action will be taken against them without further notice.

According to news agency PTI, Flipkart Health Plus is a digital healthcare marketplace platform that provides millions of clients throughout India with simple, convenient access to real, inexpensive pharmaceuticals and healthcare supplies from independent vendors.

"We have received the notice from CDSCO (Central Drugs Standard Control Organisation) and are responding to it appropriately. As an organisation, we remain committed to complying with the laws of the land and towards continuous improvements of our processes/checks and controls on our marketplace platform to build trust and enhance customer experience," Flipkart Health plus stated.

Confederation of All India Traders, or CAIT, National President BC Bhartia and Secretary General Praveen Khandelwal asked the government to strictly enforce the law and the Delhi High Court's ruling in order to ensure that no e-commerce company is selling drugs in violation of the Drug and Cosmetic Act.

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