FedEx Corporation has been facing litigation in United State for alleged delivery of prescribed drugs from illegal Internet pharmacies. However, FedEx Corporation has pleaded not guilty to such charges and has decided to contest the same. This entire episode is an eye opener for those dealing with e-commerce websites or online pharmacies that are not complying with laws of the country where they are operating.
In the Indian context, most of the online pharmacies are operating in an illegal manner and without complying with Indian laws. They are inviting various legal risks by operating such illegal online pharmacies in India. The laws for opening of online pharmacy store in India are not at all followed by almost all the online pharmacies of India.
The position has become so worst that the Maharashtra FDA has approached the Drug Controller General of India (DCGI) for regulating illegal online pharmacies operating in India. FDA has also written to the DCGI to seek CBI intervention in the issue of what the FDA claims is smuggling of drugs to and fro from India through websites. It is also believed that many online pharmacies websites in India are controlled by underworld and organised criminal networks.
Online pharmacies operating in India believe that they are not required to comply with Indian laws. This is not true as they are required to comply with e-commerce due diligence and cyber law due diligence (PDF) requirements of India to escape various civil and criminal liabilities.
Indian government is also required to ascertain the number of transactions that FedEx Corporation has entered into with Indian online pharmacies and any possible violation of Indian laws especially the e-commerce laws of India and healthcare related laws of India. Perry4Law strongly recommend that online pharmacies operating in India must strictly follow the laws of India to make their dealings legal.