Chinese e-commerce platform Club Factory has already been under the lens of the Indian investigative agencies for importing products ordered by users in India labelled as gifts. Now, a case of Schedule H drug being sold on its platform has come to the fore and is being investigated.
The law does not permit Schedule H drugs to be sold without a valid prescription. According to a report in the Times of India, this transaction reportedly involved a seller Sixsense Retailer located in Surat to customer Deepak Patel in Mumbai. The invoice that the customer received along with the drug did not contain the drug licence details of the seller which by itself could be illegal and Sixsense could be acted upon by the enforcement.
Even if they had a licence, any Schedule H drug can be only sold if the customer produces a valid prescription from a qualified medical practitioner. Drugs and Cosmetics Rules 1945, as amended apply and the enforcement of these rules are the responsibility of the Food and Drug Controller. In this case, the Food and Drug Controller Gandhinagar, Gujarat will conduct the investigation
Club Factory claims it has taken note of this issue and will take action to remove the listing from its website. The company says its policy does not permit selling drugs on its platform.
E-commerce marketplaces are expected to have internal systems in place to check listings on a regular basis and any new entry that does not fall within the legal limits or the accepted policies of the platform.
"We are working towards implementing measures to prevent the listing of such products under disguise in other categories. We are committed to work with concerned stakeholders and investigators to safeguard the interests of our valued users. We are also open to cooperating with other e-commerce players facing similar issues to curb such malpractices," a company spokesperson reportedly told TOI.