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The South Chemists & Distributors Association (SCDA), which represents chemists and pharmaceutical distributors working in Delhi, has urged the drug regulatory authorities to take strict action against Pill Up, an e-pharmacy that has restarted its operations recently from Uttar Pradesh.
The SCDA, which has been involved in legal battle against the sales of medicines in digital mode, alleged that Pill Up Pharmacy, which had ceased operations a few years back from Delhi has now started operating from Noida, Uttar Pradesh, and its operations are in gross violation of the regulations under the Drugs and Cosmetics Act, 1940 and Drugs Rules, 1945.
"The operation and business of Pill Up pharmacy is illegal on two counts and should be closed immediately in public interest," said Yash Aggarwal, legal and media head of SCDA in a representation to Dr Rajeev Singh Raghuvanshi, Drugs Controller General (India), Central Drugs Standard Control Organisation, and Shashi Mohan Gupta, Deputy Commissioner (Drugs), Food Safety and Drug Administration, Government of Uttar Pradesh.
"First, the running of an e-pharmacy itself is against the laws in our country and the matter is also sub-judice in the High Court of Delhi where we are also one of the petitioners," he added.
"Secondly, there is no rule under which repacking of medicines without original container/packing is allowed, dose wise or otherwise under the Drugs & Cosmetics Act and will amount to the drugs being misbranded, adulterated or spurious. Repacking the medicines is literally endangering the lives of our citizens as it can amount to contamination with filth, exposure to insanitary conditions, presence of toxins and harmful substances, reduced quality of strength which may render it injurious to health," added the letter to the drug regulators.
To sell medicines, the space needs to be inspected by a Drugs Inspector appointed by the state drugs authority and Pill Up is repacking the drugs without obtaining any license by any government authority.
It alleged that all the directors and shareholders of the company, Pill Up, are liable for prosecution under the Drugs and Cosmetics Act, as the business is illegal and against public health.
The Association has earlier filed a writ petition in the High Court of Delhi against the e-pharmacies and at the start of pandemic Covid-19, it filed a case against misuse of central government's aarogya setu app for promotion of e-pharmacies and got it delisted from the app and their website suspended.
It has also approached the Court against the Initial Public Offering of API Holdings, which runs e-pharmacy business under PharmEasy. It has also attained an injunction order on the operations of any entity selling drugs over the internet, in December, 2018.
It may be noted that while the central government, which is vocal on digital health and wellness initiatives, has initiated works to put in regulations for online pharmacies several years ago, but failed to come up with a regulation so far.
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