Concerns over Online Drug Delivery through Food Delivery Platforms

Sub: Env

Sec : Env legislation

Why in News

A recent initiative in Bengaluru to deliver medicines through a food delivery platform has raised serious concerns about patient safety and regulatory compliance. The move has sparked objections from pharmacists and doctors who highlight the risks associated with such a system.

Violation of Regulations:

The Tamil Nadu Chemists and Druggists Association has argued that delivering medicines through online platforms could violate the Drugs and Cosmetics Act of 1940. According to the rules, only a licensed pharmacist should dispense medicines after verifying a valid prescription.
There’s scepticism about whether prescriptions will be properly verified by qualified pharmacists in an online setup. Unlike traditional pharmacies, online platforms might lack the necessary checks to ensure correct dosages.

Drugs and Cosmetics Act, 1940:

Regulates the import, manufacture, distribution, and sale of drugs and cosmetics to ensure safety, efficacy, and quality.
The Drugs and Cosmetics Rules, 1945 provide guidelines on drug classification, storage, sale, and prescriptions.
Drug: Any substance used for the treatment, diagnosis, or prevention of diseases in humans or animals, including medicines, medical devices, and substances affecting body function.
Cosmetic: Products applied to the body for cleansing, beautification, or appearance enhancement.

Objectives of the Act:

Regulates the import of drugs to prevent substandard or counterfeit products.
Controls domestic production and distribution of medicines, including Ayurvedic, Siddha, Unani, and Homeopathic drugs.
Ensures only qualified individuals handle the sale and distribution of drugs.
Manages the quality standards for pharmaceuticals and cosmetics by periodic inspections and laboratory testing.

Regulatory Provisions:

Licensing: Requires permits for the manufacture, sale, and distribution of drugs and cosmetics.
Quality Monitoring: Drug inspectors conduct regular checks, collecting samples for analysis to maintain standards.
Labelling and Packaging: Sets specific guidelines for the labelling and packaging of various drugs and cosmetics.

Salient Features:

Penalties: Life imprisonment and a fine up to ₹10 lakhs or three times the value of seized goods for serious offences.
Prosecution Authority: Both Drug Controller officers and other gazetted officers can initiate prosecution for violations.
Special Courts: Designated courts exist for handling offences under the Act, including certain cognizable and non-bailable offences.
Advisory Bodies: Establishment of the Drugs Technical Advisory Board (DTAB) and Drugs Consultative Committee (DCC) for regulatory oversight.