The Central Consumer Protection Authority (“CCPA”) has on July 14, 2022, issued the advisory (“Advisory”) to e-commerce entities regarding the sale of Ayurvedic, Siddha and Unani drugs containing ingredients listed in Schedule E (1) of the Drugs and Cosmetics Rules, 1945 as certain drugs mentioned in the Schedule E (1) contain ingredients of plants, animals or mineral origin and shall be taken under medical supervision. CCPA has advised the e-commerce entities that sale or enabling the sale of such drugs shall be done only after a valid prescription of a registered Ayurveda, Siddha or Unani practitioner respectively is uploaded by the user on the platform citing the reason that consummation of such drugs without medical supervision can lead to severe health complications.
It is to be noted that as per Rule 161(2) of the Drugs and Cosmetics Rules, 1945, the container of a medicine for internal use for the treatment of human ailments shall, if it is made up of a substance specified in Schedule E (1), be labelled conspicuously with the words “Caution: To be taken under medical supervision” in both English and Hindi language.
In the light of the above, it is pertinent to highlight that, Ministry of Ayush had also issued a public notice on February 1, 2016 informing stakeholders that the drugs mentioned in the Schedule E (1) of the Drugs and Cosmetics Rules, 1945 are required to be taken under Medical Supervision and purchasing the same online should be avoided without medical consultation.
CCPA has the power to initiate the necessary action under the Consumer Protection Act, 2019 if, after investigation, it is found that the said drugs are offered for sale by any e-commerce platform in violation to the legal framework governing the sale of such drugs to the consumers.
Please find a copy of the Advisory, here.
This update has been contributed by Namitha Mathews (Partner) and Jalaj Mahajan (Associate).
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