The Madras High Court’s Division Bench has stayed an order that had previously banned the sale of medicines online. This stay, issued on December 17, will remain effective until the central government finalizes and notifies statutory rules governing the online trade of medicines.
The ruling followed an appeal from several e-pharmacy companies affected by the initial ban.
Justice Pushpa Sathyanarayana, on December 17, had directed e-pharmacy companies to apply for licenses in accordance with the rules to be notified by the end of January. The judge stipulated that the online trade of drugs and cosmetics should be halted until the regulatory draft rules were officially issued.
The original ban was a result of a petition filed by the Tamil Nadu Chemists and Druggists Association, which opposed the online sale of medicines and mobile phone applications while the amendments to the Drugs and Cosmetics Rules of 1945 were still in draft form.
Responding to the stay order, Pradeep Dadha, Founder and CEO of Netmeds, expressed his satisfaction, stating, “We are happy and pleased with the order posted by the Division Bench of the Madras High Court staying the sale of online medicines till further orders.” He emphasized that the court recognized existing mechanisms to prevent any real abuse of the process by the online pharma sector. Dadha also noted the Central Government’s active role in developing regulations for online pharmacies, highlighting that the government is not opposed to such digital platforms.
E-pharma firms argued that a sudden ban would significantly inconvenience individuals who rely on the online purchase and home delivery of medications. This temporary relief from the court has thus brought a sense of reprieve to the sector and its consumers, pending the final regulations.
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