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GOVERNMENTOFINDIA
MINISTRYOFHEALTH AND FAMILYWELFARE
DEPARTMENTOFHEALTH AND FAMILYWELFARE
LOK SABHA
UNSTARREDQUESTION NO. 1044
TO BE ANSWERED ON24THJULY, 2026
SALE OFPRESCRIPTION DRUGS
1044.SHRIATULGARG:
Will the Ministerof HEALTH AND FAMILYWELFAREbe pleasedtostate:
(a) whether the Government has formulated comprehensive guidelines to regulate the online
sale of prescription drugs to prevent unauthorised distribution by unlicensed platforms or the
sale of such drug without validmedical prescriptions, if so, the detailsthereof;
(b) the details of the monitoring mechanisms currently implemented to ensure that all digital
pharmacy platforms strictly adhere to the pharmacy licensing requirements stipulated under
the Drugs andCosmetics Act;
(c) whether the Government has taken cognizance of consumer concerns regarding
significant price disparities and predatory pricing models adopted by online platforms
comparedwith brick-and-mortar retailpharmacies,if so, the detailsthereof;
(d) the number of complaints received regarding the sale of scheduled drugs without valid
prescriptions and the enforcement actions taken by the Government against defaulting digital
platformsduring the financial year2025-26; and
(e) the details of the future policy roadmap planned to formalise and notify specific e-
pharmacy rules to protect public health while maintaining fair market competition for local
retailpharmacyowners?
ANSWER
THE MINISTER OFHEALTH AND FAMILYWELFARE
(SHRIJAGATPRAKASH NADDA)
(a)to(e): In order to regulate the online sale of medicines/e-pharmacy comprehensively,
the Government of India has published draft rules vide G.S.R. 817 (E) dated 28th August,
2018, inviting comments from the public to amend the Rules for incorporating provisions
relatingtothe regulation of sale anddistribution of drugs through e-pharmacy.
The draft rules contain provisions for registration of e-pharmacy, periodic inspection
of e-pharmacy, procedure for distribution or sale of drugs through e-pharmacy, prohibition ofadvertisement of drugs through e-pharmacy, complaint redressal mechanism, monitoringof e-
pharmacy, etc.
As informed by the Competition Commission of India (CCI), Section 3 of the
Competition Act, 2002 prohibits agreements, including those involving online platforms, that
cause or are likely to cause an appreciable adverse effect on competition in India while
Section 4 of the Competition Act, 2002 prohibits the abuse of dominant position. Upon
finding any contravention after inquiry, the CCI issues appropriate remedial orders, including
cease-and-desist directions, modification of agreements, monetary penalties and other
measures underthe Act.
Under the Drugs and Cosmetics Act, 1940, and Rules thereunder, the license for Sale
and Distribution of drugs are granted by the State Licensing Authority appointed by the State
Government. Licensee is required to comply with all the conditions of license. State
Licensing Authorities are empowered to take action on violation of any conditions of such
licenses. As per the conditions of license, sales of Drugs shall be effected only by or under
the personal supervision of a registered pharmacist and no person can sale by retail the
ScheduleH, H1 andX drugs without prescription of Registered Medical Practitioner(RMP).
As and when complaints regarding sale of drugs by e-pharmacies without proper
prescription etc. are received, based on the merit, the matter is referred to the concerned State
Licensing Authority for taking action as per the provisions of Drugs & Cosmetics Act, 1940
and Rules, 1945, as the State Licensing Authorities are empowered to take action in case of
anyviolationof the conditions of sale licenses.
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