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Amazon Not the Seller in Abortion Pills Case: Delhi Court
Representational Image: Wikimedia Commons
Amazon Not the Seller in Abortion Pills Case: Delhi Court
Representational Image: Wikimedia Commons

Amazon Not the Seller in Abortion Pills Case: Delhi Court

A sessions court in New Delhi has set aside notices issued to two directors of Amazon Seller Services Private Limited in the Amazon abortion pills case, stating that the company only provides an online platform and does not directly sell medicines listed by third party sellers.
The court also criticised the earlier order passed by the magistrate, calling it legally flawed and lacking proper reasoning. The decision brings attention to how online marketplaces operate and how responsibility is determined when medicines are sold on e commerce platforms.

Court Rules Amazon Was Not the Seller

The Additional Sessions Judge Mujibodeen Shaikh passed the order on February 4. The order became public this week.
While examining the Amazon abortion pills case, the court noted that the abortion pills were listed and sold by a separate seller named Gurunanak Enterprises. This seller had registered on the Amazon platform and independently listed the products.
Because of this arrangement, the court said Amazon acted only as a digital marketplace that connects buyers and sellers.
According to the court order, Amazon had already entered into an agreement with the seller. That agreement clearly states that restricted or prohibited drugs must not be listed for sale on the platform.
Therefore, the court concluded that the responsibility for the product listing lies primarily with the seller and not with the platform itself.

Case Began After Complaint About Online Sale of Abortion Tablets

The Amazon abortion pills case started after a complaint was filed by the Food and Drug Administration.
The complainant reportedly ordered abortion tablets through the Amazon website. According to the complaint, the platform did not ask for a doctor’s prescription before completing the order, and the pills were delivered.
The complaint alleged that abortion medicines were listed with names such as Woman Abortion Pills and Safe Abort Tablets. These products were allegedly sold through Gurunanak Enterprises.
Based on this complaint, a magistrate issued notices to the directors of Amazon Seller Services Private Limited under provisions of the Drugs and Cosmetics Act and the Information Technology Act.

Amazon Directors Challenged the Magistrate's Order

Two directors of Amazon Seller Services Private Limited, Kandula Raghava Rao and Noorulamin Mohammed Saheb, challenged the magistrate’s decision in a higher court.
They argued that the magistrate issued the notice without following proper legal procedure. According to their appeal, the order lacked clear reasoning and did not explain why the directors should be held responsible.
The defence also stated that before issuing notices, the magistrate should have conducted an inquiry or asked the police to investigate the complaint.

Sessions Court Calls the Order Legally Incorrect

After reviewing the matter, the sessions court agreed with the directors.
The judge described the magistrate’s order as perverse, grossly erroneous, and cryptic. In simple terms, the court said the earlier order was unclear and did not follow the correct legal steps.
The sessions court explained that the magistrate should have either investigated the complaint personally or directed the police to examine the allegations before issuing notices.
Because these steps were not followed, the sessions court decided to quash the notices issued against the Amazon directors.

Conclusion

The Amazon abortion pills case highlights an important issue in digital healthcare access. Online marketplaces increasingly host sellers offering medicines and health products. However, determining who is legally responsible for such listings can be complex.

The court’s ruling clarifies that online platforms may not always be treated as direct sellers. Instead, responsibility can fall on the third-party seller who lists and distributes the product.

At the same time, the case also raises broader public health concerns. Medicines such as abortion pills usually require medical supervision and a valid prescription to ensure safe use.

As online pharmacies and marketplaces continue to grow, regulators and courts may face more cases that examine how medical products are sold on digital platforms and how patient safety should be protected.

Source: Inputs from various media Sources 

Priya Bairagi

Copy-Writer & Content Editor
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I’m a pharmacist with a strong background in health sciences. I hold a BSc from Delhi University and a pharmacy degree from PDM University. I write articles and daily health news while interviewing doctors to bring you the latest insights. In my free time, you’ll find me at the gym or lost in a sci-fi novel.

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