CCPA Issues Advisory to E-Commerce Platforms Regarding Sale of Ayurvedic, Siddha & Unani Drugs

The Central Consumer Protection Authority (CCPA) has issued an advisory to online retailers regarding 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 warned that selling or facilitating the sale of such drugs is only permitted if the user uploads a valid prescription from a registered Ayurveda, Siddha, or Unani practitioner. Consuming such drugs without medical supervision can result in serious health problems.

According to Rule 161(2) of the Drugs and Cosmetics Rules, 1945, the container of a medicine for internal use for the treatment of human ailments must be labelled conspicuously with the words "Caution: To be taken under medical supervision," both in English & Hindi.

It should be noted that the Ministry of Ayush issued a public notice on 01.02.2016 informing stakeholders that the aforementioned drugs must be taken under Medical Supervision and that purchasing them online without medical consultation should be avoided.

Section 18 of the Consumer Protection Act of 2019 empowers the CCPA to protect, promote, and enforce the rights of consumers as a class, as well as to prevent violation of consumers’ rights. Furthermore, the CCPA has the authority to prevent unfair trade practices and to ensure that no one engages in unfair trade practices.

The CCPA is constantly monitoring issues affecting consumer welfare. The CCPA recently issued guidelines to prevent unfair trade practices and to protect consumer interests in the levy of service charges in hotels and restaurants. To protect consumers from such advertisements, the CCPA has also issued guidelines for the prevention of misleading advertisements and endorsements for misleading advertisements.

To protect consumers' rights when shopping online, the CCPA has issued an advisory to all marketplace e-commerce entities requiring them to ensure that seller details, as mandated by sub-rule (5) of rule 6 of the Consumer Protection (E-commerce) Rules, 2020, including the name and contact number of the grievance officer, are provided in a clear and accessible manner and prominently displayed to platform users.

The CCPA has also issued Safety Notices under Section 18(2)(j) of the Act to warn and alert consumers against purchasing goods that lack a valid ISI Mark and violate mandatory BIS standards. While the first Safety Notice addressed Helmets, Pressure Cookers, and Cooking Gas Cylinders, the second addressed household goods such as electric immersion water heaters, sewing machines, microwave ovens, domestic gas stoves with LPG etc.