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Drug Adulteration

Drug Adulteration

These days, we can't avoid using drugs because we need them to maintain or repair our health. Therefore, it is crucial to make sure that people are using high-quality drugs at prices they can afford. The main goal of implementing drug legislation was to stop consumer exploitation and threats including drug adulteration, drug misbranding, and fake drugs. Additionally, in India, the National Pharmaceutical Pricing Authority, the Drugs Controller/ FDA of the relevant state, and the Drugs Inspector of the relevant District are in charge of carrying out the drug laws.

Know an adulterated drug

    According to Section 3(b) of the 1940 Drugs and Cosmetics Act, the following are considered "drugs"-
  • All drugs for human or animal usage, whether externally or internally, including all compounds intended for use in the treatment, diagnosis, prevention, or mitigation of any ailment or disease in humans or animals, along with creams used to the skin to ward off insects like mosquitoes and wasps.
  • All substances that may be prescribed by the Central Government by notice in the Official Gazette and that have the potential to impact how the human body functions or that are used to kill bugs that cause sickness in animals or humans.
  • All substances intended to be used as ingredients in drugs, including empty gelatine capsules.
  • Such devices intended for external or internal use in the treatment, diagnosis, prevention, or mitigation of disease or disorder in animals or people; and such other substances as may be prescribed by the Central Government by notice in the Official Gazette after consultation with the board.
  • As a result, the definition of "drug" is broad and excludes only chemicals and drugs made or used solely for the Ayurvedic or Unani systems. In the case of "Ishwar Singh Bindra v. State of UP," the Hon'ble Supreme Court reaffirmed the same.

Who has the right to complain about drug adulteration?

    The people who are qualified to complain about the adulteration of drugs are those who are listed below-
  • Any registered non-profit organization;
  • Consumers; and
  • Two or more consumers with shared interests.

What steps must be taken to file a complaint regarding drug adulteration?

Under sections 274 or 275 of the Indian Penal Code, a consumer may file a lawsuit against a cosmetics or drug salesperson, maker, or distributor. for the crimes of selling adulterated drugs or adulterating drugs, respectively. Filing a FIR (First Information Report) against them enables you to accomplish the same. The person who feels wronged may also lodge a grievance with a district, state, or national "Consumer Dispute Redressal Forum." The following are the steps that make up the process for making a complaint about drug adulteration:

  • The initial complaint can be made quickly on a piece of paper. Therefore, it is not at all required for it to have a stamp paper. Additionally, a complaint for adulteration of drugs may be made at consumer helpline.
  • The complaint concerning drug adulteration should be written in a way that both states all relevant information and shows the legal basis for the claim. The details that must be included in the complaint by the consumer are as follows
    - Name and complete contact information for the complainant,
    - Full details including address, phone number, and email address;
    - Full information about the opposing party;
    - Date and time of the drug or service
    transaction, as well as the price paid;
    - Details of the issue, such as contaminated drugs or drugs of poor quality, etc.
    - Specifics and information about the relief the complainant is requesting in the complaint;
    - Information on the drugs or drugs purchased, including the numbers;
    - The aggrieved party's argument can be supported by copies of all needed papers, which are also required to establish the cause of action.
    - The copies of the invoices for the prescriptions, drugs, and cosmetics purchased as well as the complaint letter to the vendor requesting compensation for the loss suffered are among these papers.
    - The complainant or his authorized representative must sign the complaint, whichever is required.
  • The complaint should include the compensation sought for the adulteration of drugs, along with any other relief the aggrieved party may be entitled to, such as damages, reimbursements, court costs, etc. These sums must be specified under several headings and in accordance with the financial authority of the relevant consumer forums, nevertheless.
  • The complaint should also include a statement of jurisdiction explaining how the specific matter comes within the purview/jurisdiction of the consumer forum.
  • An affidavit of verification that all the facts mentioned and assertions made in the complaint are true and accurate must also be attached.
  • The sign should be placed at the conclusion of the grievance. The person who feels wronged can submit his or her case on their own or through a designated representative. Additionally, a set of three complaints must be made with the District Forum or the State Commission. However, a complaint must be filed in a set of four along with extra sets for each opposing party when it is registered with the National Commission.
  • It will be important to keep in mind that the complaint must be submitted within two years of the day the "Cause of Action" first materialized. If there is a delay in filing the complaint, the complainant must provide the forum with adequate justifications before it will allow the complainant to do so.
  • To properly record the issuance date of the notice, a notice of cheque bounce is delivered by registered post. One copy of the letter may be kept by the cheque beneficiary, while the other is sent through registered post to the cheque issuer.

What is the deadline for handling a drug adulteration complaint?

A complaint must be resolved by the Consumer Dispute Redressal Forum within three months of the complaint's filing date.

What are the steps in the online complaint process for Drug Adulteration?

For resolving consumer complaints, the Government of India has a telephone, online, and offline helpline. The ways to file an online complaint against the adulteration of drugs are as follows-

  • A person who feels wronged or who wants to file a complaint can do so through the UMANG app, the Consumer app, or the NCH (National Consumer Helpline) app.
  • The National Consumer Helpline numbers are 1800-11-14404 and 4000 for registering or filing complaints.
  • To file a complaint, one may also send an SMS to 8130009809.
  • A complainant may also submit his complaint by going to https://consumerhelpline.gov.in/ the official consumer helpline website. All the brands registered with the Department of Consumer Affairs are included in the complaint system available there. The complainant may add all necessary and supporting documents to the complaint while submitting it online. Following that, the complaint file can be handled and closed using the same procedure without going to the Consumer Dispute Redressal Forum.

What is the maximum penalty permitted by the Indian Penal Code?

    The following are the penalties that are recommended for the drug adulteration offense-
  • Section 274(Adulteration of Drugs)- Any manufacturer who tamper with any drug or medicine, or makes it noxious and injurious, with the intent to sell it, shall be punished with imprisonment for a time that may not exceed six months, with a fine that may not exceed Rs. 1,000, or with both.
  • Section 275(Sale of Adulterated Drugs)- Anyone found guilty of selling or offering to sell any drug or medicine that has been intentionally tampered with faces up to six months in prison, a fine of up to Rs. 1000, or both.

What is the prescribed punishment under the 1940 Drugs and Cosmetics Act?

The Drugs and Cosmetics Act of 1940 stipulates that the penalties for violations include imprisonment for one to five years. In addition, under section 27(a) of the Drugs and Cosmetics Act of 1940, the penalty may be increased to life in prison if the offense is likely to result in death or other serious bodily harm, as defined in section 320 of the Indian Penal Code of 1860.

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