CCPA issues Advisory to e-commerce platforms on sale of Ayurvedic, Siddha and Unani drugs – E-commerce platforms asked to sell such drugs only after a valid prescription of a registered Ayurveda, Siddha or Unani practitioner
The Central Consumer Protection Authority (CCPA) has issued an Advisory to e-commerce entities concerning the sale of Ayurvedic, Siddha and Unani drugs containing ingredients listed in Schedule E (1) of the Drugs and Cosmetics Rules, 1945. E-commerce platforms have been advised that the sale or facilitating 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. Consuming such drugs without medical supervision can lead to severe health complications.
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” both in English and Hindi language.
It may be mentioned that the Ministry of Ayush issued a public notice on 01.02.2016 informing stakeholders that the aforementioned drugs are required to be taken under Medical Supervision and purchasing the same online should be avoided without medical consultation.
Under Section 18 of the Consumer Protection Act, 2019, CCPA is empowered to protect, promote and enforce the rights of consumers as a class, and prevent violation of consumers’ rights. Further, CCPA is empowered to prevent unfair trade practices and ensure that no person engages himself in unfair trade practices.
CCPA consistently monitors the issues affecting consumer welfare. Recently, CCPA issued guidelines to prevent unfair trade practices and protection of consumer interests with regard to the levy of service charges in hotels and restaurants. CCPA has also issued guidelines for the prevention of Misleading Advertisements and Endorsements for Misleading Advertisements to protect consumers against such advertisements.
To safeguard consumer rights while shopping online, CCPA has issued an Advisory to all marketplace e-commerce entities to ensure that details of sellers as mandated under sub-rule (5) of rule 6 of the Consumer Protection (E-commerce) Rules, 2020 including name and contact number of the grievance officer are provided in a clear and accessible manner, displayed prominently to users on the platform.
CCPA has also issued Safety Notices under Section 18(2)(j) of the Act to alert and caution consumers against buying goods which do not hold a valid ISI Mark and violate compulsory BIS standards. While the first Safety Notice was issued with regard to Helmets, Pressure Cookers and Cooking gas cylinders, the second Safety Notice was issued with regard to household goods including electric immersion water heaters, sewing machines, microwave ovens, domestic gas stoves with LPG etc.
F. No. J-25/64/2022-CCPA
Central Consumer Protection Authority
Krishi Bhawan, New Delhi
Dated: 14th July, 2022
Subject: Advisory in terms of Consumer Protection Act, 2019 concerning sale of Ayurvedic, Siddha and Unani drugs containing ingredients listed in Schedule E (1) of the Drugs and Cosmetics Rules, 1945 on e-commerce platforms.
This invites reference to public notice dated 01.02.2016 issued by the Ministry of AYUSH informing stakeholders that purchase of Ayurvedic, Siddha and Unani drugs containing any of the ingredients of plant, animal or mineral origin as listed in 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.
2. Now, it has come to the notice of the Central Consumer Protection Authority (CCPA) that the aforementioned category of drugs are being offered for sale on e-commerce platforms without any mechanism to verify if such drugs are being purchased by a user under medical supervision or not. As a result, the drugs consumed without medical supervision may lead to severe health complications.
3. It may be mentioned 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 from a substance specified in Schedule E(1), be labelled conspicuously with the words “Caution: To be taken under medical supervision” both in English and Hindi language. The list of poisonous substances under the Ayurvedic (including Siddha) and Unani Systems of Medicine as mentioned in Schedule E(1) is annexed herewith.
4. In view of the above, all e-commerce platforms are hereby advised that selling or facilitating the sale of Ayurvedic, Siddha and Unani drugs containing ingredients as listed in Schedule E (1) of the Drugs and Cosmetics Rules, 1945 shall be done only after a valid prescription of registered medical practitioner is uploaded by the user or patient on the platform.
5. The Central Authority may initiate necessary action under the provisions of 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 sale of such drugs to consumers.
Nidhi Khare
Chief Commissioner
Copy to:
1. Secretary, Ministry of AYUSH
2. Chief Secretaries of all States/U.Ts
3. All District Collectors
4. Major e-commerce entities
5. Industry Associations
6. Consumer Organizations
7. Law Chairs
8. E-Pharmacy platforms
