An online pharmacy in Kozhikode sent counterfeit medicines; what action can I take?
RA Asked by Rahul Saxena from India
Quick Answer
Selling counterfeit medicines online is prosecuted under the Drugs and Cosmetics Act, 1940 and the IT Act, and the consumer can also invoke the Consumer Protection Act.
Detailed Legal Analysis
Selling counterfeit medicines online is prosecuted under the Drugs and Cosmetics Act, 1940 and the IT Act, and the consumer can also invoke the Consumer Protection Act. File a complaint with the Kozhikode Drugs Controller, the State Drug Authority, and the District Consumer Forum for deficiency and supply of spurious drugs.
The Pharmacy Act requires every online pharmacy to be registered with a valid licence and to dispense only against a valid prescription. The Kerala High Court can order recall of the batch, compensation and a ban on the seller pending inquiry.
Kerala Rent Control Act 1963 on drugs may impose stricter penalties including imprisonment for sale of spurious drugs within the state. Keep the medicine strips, batch numbers, invoice and prescription as evidence.
Report the platform to the Central Drugs Standard Control Organisation for operating without a valid e-pharmacy licence.
Disclaimer: AI-generated for educational purposes only. Does not constitute legal advice. Consult a qualified practitioner.