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Legal hurdles in Starting Online Pharmacies in India.

Major Hurdles

The major constraint during sales through online pharmacies is regarding the authenticity of the prescription send to the site. It is possible that fake prescription containing drugs causing addiction/ abuse are uploaded by antisocial elements for their illegal activities. The pharmacist working in online pharmacies cannot ascertain the genuinety of the prescription and the customer. The uploaded prescription cannot be verified immediately and the customer can shift to another online pharmacies where there is a relaxed system for issue of the intended drugs.

The legal platform engaged in online trading of drugs must give the following information in the site.

  • Exact address of the office of the online pharmacy with valid drugs license number & the registered domain address.
  • Details of the registered pharmacist working in the office with their registration number and contact mobile number.
  • Customer care details including contact number & mail address
  • The safety of the site must be ensured with a seal of approval
  • Registration details of the firm in the state licensing authority
  • Updated price list of the branded drugs and their generic substitutes
  • Privacy and security policies of the website.
  • The procurement policies of the online pharmacy and sale protocols.
  • The sales of dangerous drugs, addicting drugs, psychotropic drugs must be restricted and must be advertised.
  • The jurisdiction of a complaint against the site.
  • The prescription generated through cyber doctors with online questionnaire should not be encouraged and they must also ensure protection of property of the buyer.
  • The buyer can verify the following details before purchasing drugs from the websites.

The following major complaints may arise during enforcement of the activities of an online pharmacy by a regulatory body.

  • Sales of spurious/dangerous/misbranded/ banned drugs by hiding the essential details.
  • Sales of drugs at very low prices than fixed by government
  • Sales of drugs for non communicable diseases. like diabetes, heart diseases, lever complaints. renal complaints, COPD, obesity, psoriasis, eye diseases, rectal diseases with false and misleading claims.
  • Generic drugs manufactured by unknown / unlicensed firms are sold at very low price with attractive offers.
  • Quality, safety and efficacy of the drugs cannot be assured during transportation and storage.
  • Drawal of samples for quality control testing is not practically possible in online pharmacies.
  • The legality of the e-prescription cannot be ensured through provisions in the Drugs & Cosmetics Act and Rules.
  • There are chances of abuse of technology in sales.
  • The responsibility of illegal sale cannot be fixed with the present data.
  • The sending of date expired/counterfeit/ cheaper substitute drugs etc. cannot be prevented legally on time to ensure Patient Safety.
  • An illegal location than disclosed in the site cannot be found out for initiation of legal action
  • Children or minors will order controlled drugs s for abuse and they cannot be located using the given address.
  • Improper packaging and lack of confidentiality will also affect product verification.

Advantages

  • Online pharmacies offer many specialized discounts and consumer friendly facilities compared to the conventional pharmacies.
  • The operational cause of an online pharmacy is high compared to the conventional pharmacies, even though special offers are given.
  • There is no face to face interaction between the customer and the traders. There are more chances of drug abuse while purchasing through online than that of conventional pharmacies.
  • There must be confirmation of genuinity and authenticity of an online pharmacy before procurement of a drug.
  • The legal hurdles before starting an online pharmacy must be cleared and must be transparent to attract customers to procure drugs with safety, quality and efficacy.
  • The Customer must be vigilant while selecting an online Pharmacy for their purchase.

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