E-Pharmacy giant Amazon under Maha FDA radar for selling MTP kits without prescription
The MTP kit is a 'Schedule H' drug under the Drugs & Cosmetics Act, 1940 and it is mandatory to sell it only on the prescription of a registered medical practitioner.
Thane: The Maharashtra FDA has registered an offence against Amazon for selling Abortion Drugs on line allegedly illegally.
The Assistant Commissioner of FDA Ganesh Rokade stated in an official release here that the Food and Drugs Administration had observed that abortion drugs were being sold illegally on online portals through the internet. In order to verify this, the demand for MTP kit without prescription was registered on online sales portals. It was found that the abortion medicine under the brand name A-Kare was available on the online portal amazon.in. The demand for the MTP kit drug was accepted by the amazon.in without the requisite prescription of the registered medical Practitioner. The MTP Kit by the brand name of 'A kare' Tablet was received; however the sale bill of the drug was not received along with the courier parcel. This administration inquired about the sale of above MTP drug to Amazon Sellers Services Pvt Ltd, it was informed that the drug was supplied from Orissa.
Further investigation based on the information provided by Amazon revealed that the drug was not supplied by the seller in Orissa but the seller ID was registered by another person on Amazon's online portal using the documents of said drug store. The MTP kit is a 'Schedule H' drug under the Drugs & Cosmetics Act, 1940 and it is mandatory to sell it only on the prescription of a registered medical practitioner. Also, according to the Medical Termination of Pregnancy Act, 2002 and Rules, 2003, it is mandatory to use this medicine at health facility and under the supervision of a service provider. The list of items sold through the online portal amazon.in does not include the commodity drugs.
In this case, Amazon did not observe the due diligence to verify the firm/ individuals who were registered to sell drugs through their platform. On the online portal amazon.in, the seller registered the MTP kit for sale under the brand name (A-Kare tablets) without naming the generic name of the drug. Amazon.in has not ensured the compliance of the laws time being in force for the sale of drugs. The drugs like MTP kit which are not to be sold without the prescription of the Doctor as it may endanger the health and life of the patient. However Amazon found to be promoted the sale of abortion drugs without prescription.
In above case, the online sale of abortion drugs under the brand name A-Care was done in connivance by the seller and amazon.in and found to be violated the provisions of various laws time being in force. Therefore, FIR under various sections of Indian Penal Code, 1860 and Information and Technology Act, 2000, read with relevant Section of Drugs and Cosmetic Act and rules was registered against the online sales portal amazon.in and others at Kherwadi Police Station, Bandra (East) on 29/04/2022 by the officer of Intelligence Branch (drugs), FDA HQ. Further investigation is being conducted by the police.
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