FIRs ordered against Snapdeal CEO, directors

Mumbai, Maharashtra’s Food and Drugs Administration (FDA) on Friday ordered FIRs against e-commerce major Snapdeal.com’s CEO Kunal Bahl and directors of the company for online sale of medicines, including prescription drugs.
Harshadeep Kamble, the regulatory body’s commissioner, said it was currently investigating whether other e-commerce companies, including giants such as Flipkart and Amazon, also made such sales.
Last month, Snapdeal had told the FDA it was delisting drugs from its portal and was assisting the regulator in the investigation when the latter raided the company’s Mumbai’s premises after it received complaints that the company sold prescription drugs among the various other products it offered online.
The regulating authority had previously asked the e-commerce company to provide details of drugs it offered for sale on the website.
Kamble told reporters that FDA has ordered FIRs against everyone involved, including Snapdeal CEO Kunal Bahl, other directors of the company and distributors of the drugs.
When contacted, a Snapdeal spokesperson said: “In this matter, we are assisting the FDA team in this investigation and we will continue to do so. We have already delisted the products and said sellers and also stopped payment, in addition to providing all information to the FDA team as required by them.”
“Jasper Infotech Pvt Ltd, through Snapdeal.com offered for sale, exhibited for sale Vigora Tablets 100, a drug containing Sildenafil citrate, to be sold on the prescription of a registered medical practitioner – specialist endocrinologist, venerologist, psychiatrist, dermatologist,” Kamble said.
Mittal Pharma from Kota, Rajasthan, a seller in agreement with Jasper Ascoril Expectorant, sold the drug without prescription, he said.
“The drug was also sold by Rishabh Enterprises, New Delhi, a seller in agreement with Jasper, to a customer Amrut Bhagat of Panvel in Maharashtra’s Raigad district through a courier in agreement with Jasper, who collected the cost of drug for Jasper,” he said.
The official said that Jasper had also advertised UNWANTED-72 sold by Horizon Medicals, Bangalore, and I-pill, sold by Giriraj Pharmacy in Gujarat’s Gandhinagar, sellers in agreement with Jasper.
The Drugs Cosmetics Act, 1940, only allows licensed retailers to sell drugs. Moreover, certain drugs are sold only on the basis of a doctor’s prescription to prevent their misuse. Selling drugs without prescription can attract a jail term of 3 to 5 years with fine of not less than Rs 1 lakh.
The regulator has also sent letters to State Drugs Controllers asking them to act against those involved in such sales in their respective states, Kamble said.
The contraventions include sale of drug without licence – Sections 18 (c), 18A, rw rules 65 (3), 65(11), 65(17) punishable under Section 27(b)(ii), 27(d) of Drugs and Cosmetics Act, 1940 and Sections 3 and 4 of Drugs and Magic Remedies (Objectionable Advertisements) Act, 1954, the FDA chief said.
Teams had searched the company’s godowns on April 16 and 20, he added.
It was revealed that Jasper Infotech entered into agreements with different dealers of medicines located all over India to supply the medicines offered/exhibited for sale on Snapdeal.com and to collect the sale proceeds by Snapdeal on their behalf, the official said.