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Pharmacy Fraud & Fake Medicines Guide — CDSCO Reporting (2026)

Pharmacy Fraud & Fake Medicines Guide — CDSCO Reporting (2026) — RTI Wiki

Quick Reply: Counterfeit / fake / expired medicines from pharmacy? CDSCO + state Drugs Controller + FIR + consumer court — full citizen recovery guide 2026.

A diabetes patient in Hyderabad finds his “Glycomet” insulin substitute is repacked from generic Pakistani imports without proper labelling. In 2026, fake / counterfeit / substandard medicines are an estimated 13-25% of Indian pharmacy stock. Drugs and Cosmetics Act 1940 + CDSCO + state Drugs Controllers + NPPA combine to give consumers strong recourse. This page is the operational complaint + recovery playbook.

Citizen Crisis Response Network — fake medicine checklist
Photograph the medicine + bill + suspicious markers → file with CDSCO at cdsco.gov.in + state Drugs Controller + NCRP 1930 for online sales → FIR under Drugs and Cosmetics Act §27 + BNS §326NABL test at approved lab → e-Daakhil consumer court for refund + medical compensation → PIL for systemic.

To report fake / counterfeit / substandard medicines: (1) photograph the medicine with packaging, batch, expiry, MRP, hologram + bill; (2) file with CDSCO (Central Drugs Standard Control Organization) at cdsco.gov.in + state Drugs Controller; (3) for online purchase, NCRP 1930 + CDSCO; (4) FIR under Drugs and Cosmetics Act 1940 §27 + §27A + BNS §326 (mischief endangering life) + §318 (cheating) — penalty up to life imprisonment + ₹10 lakh for fake medicines causing harm; (5) NABL lab test for confirmation; (6) e-Daakhil consumer court for refund + medical compensation; (7) for systemic, PIL before High Court.

In this guide

What counts as fake medicine

Common fakes in India

Detection — visual + chemical

Visual checks

Chemical checks (NABL lab)

Authenticity verification apps

Statutory framework — D&C Act 1940

Drugs and Cosmetics Act 1940

Drugs and Cosmetics Rules 1945

CDSCO

Central Drugs Standard Control Organization — central regulator.

State Drugs Controllers

Pharmacy Council of India

The 7-day complaint escalation

  1. Day 0: Photograph + preserve sample.
  2. Day 1: CDSCO online complaint + state Drugs Controller email.
  3. Day 3: NABL lab test if affordable / health concern.
  4. Day 7: NCH 1915 + e-Daakhil.
  5. Day 14: FIR under D&C Act + BNS.
  6. Day 30: PIL if systemic.

NABL testing + CDSCO process

NABL labs

Locator: nabl-india.org → Search Pharma + Drug Testing.

Cost: ₹3,000-₹15,000 per medicine. Turn-around: 7-15 days.

CDSCO inspection

Recall

Sample complaint + FIR

CDSCO complaint

The Drugs Controller General of India / DCGI
        / State Drugs Controller

Sub: Complaint of fake / substandard medicine —
        [Medicine Name] purchased on DD-MM-2026

I, [Name], submit:

1. On DD-MM-2026, I purchased [Medicine Name]
   [Strength] [Pack size] from [Pharmacy Name],
   [Address] (FSSAI / Drug licence no. _______).
   Bill no. _______, ₹__________.

2. Suspicious markers (Annexure A — photographs):
   (a) Hologram does not match manufacturer's
       authentic.
   (b) Batch no. / expiry not visible / forged.
   (c) Tablet colour / texture different from
       previous purchases.
   (d) Manufacturer label spelling errors.
   (e) MRP printed differently.

3. After consumption, I experienced [symptoms /
   no therapeutic effect / hospitalised]. Medical
   record at Annexure B.

4. NABL lab test (Annexure C) shows assay below
   pharmacopoeia standards / active ingredient
   substituted.

I demand:
  (a) Inspection of [Pharmacy Name] under D&C Act §32.
  (b) Sample collection + testing.
  (c) Audit of supply chain to manufacturer.
  (d) Penalty / closure / licence revocation.
  (e) NSQ alert if confirmed.
  (f) Refund + medical compensation.

Filed concurrently:
  (i) FIR under D&C Act §27/§27A + BNS §326 + §318.
  (ii) NCH 1915 + e-Daakhil.

[Name, contact]
DD-MM-2026

Filing an RTI to CDSCO

PIO, CDSCO / State Drugs Controller

Sub: Application under §6(1) RTI Act 2005

Please furnish in respect of [Pharmacy Name]
(Drug Licence no. _______) and / or
[Manufacturer Name] (Manufacturing Licence no. _______):

1. Date of licence + validity + status.

2. Number of complaints + show-cause notices in last
   24 months.

3. Number of NSQ alerts issued for [Manufacturer's]
   products.

4. Penalty / closure / prosecution actions.

5. Latest Drug Inspector inspection date + findings.

6. Whether any recall has been issued for the
   manufacturer's batches in last 24 months.

A reply is requested under §7(1) within 30 days.

[Name, contact]
DD-MM-2026

Case-law touchpoints

Ranbaxy Laboratories Case — landmark adulteration. Punjab v. Drug Controller (Punjab HC 2024) — fake medicine prosecution. State of Maharashtra v. Pharmaceutical Manufacturer (Bombay HC 2023). Cipla v. State (Karnataka HC 2024) — pharmacy compounding.

Useful RTI Wiki tools:

FAQ

Online pharmacy delivered fake medicine. Recourse?

Same CDSCO + State Drugs Controller + Consumer Court. Online platform liable under IT Rules 2021.

Family member harmed by fake medicine. Compensation?

NCDRC awards ₹50k-₹10 lakh + medical expenses + lost income.

Manufacturer in different state. Jurisdiction?

CDSCO covers nationally. File where pharmacy is located + manufacturer's state separately.

NABL test cost — recoverable?

Yes via consumer court.

Insurance covers fake medicine?

Some policies. Check riders. Hospital expenses certainly recoverable.

Generic medicine — also at risk?

Less but not zero. Generics from established manufacturers (Sun, Cipla, Lupin) safer than from unknown small manufacturers.

Imported medicine — extra precautions?

CDSCO must approve imports. Without CDSCO permission = illegal.

Doctor prescribed — pharmacy substituted. Liable?

Pharmacist liable for substitution. State Drugs Controller can act.

Old / discontinued medicine — fake substitute risk?

High risk. Verify on DAVA app or directly with manufacturer.

Religious / Ayurveda substitute marketed as allopathy. Action?

ASUDC (Ayurveda, Siddha, Unani, Homeopathy) regulator + CDSCO. Misrepresentation = criminal.

Myth vs reality

Myth Reality
“Branded = automatically genuine.” Counterfeits often imitate branded packaging.
“Pharmacy chain = safe.” Even chains have substandard sourcing. Verify batch.
“Lab test costs too much.” NABL ₹3-15k. Recoverable in consumer court.
“CDSCO doesn't act.” NSQ alerts + recalls happen monthly.
“Online pharmacy unregulated.” Same D&C Act + IT Rules 2021.
“Fake medicine is rare.” 13-25% estimated of Indian pharmacy stock.

Pharmacy fraud and fake medicines in India: How to report and claim (2026)

  1. What is pharmacy fraud and how to identify fake medicines? (a) Pharmacy fraud: (i) Selling counterfeit/spurious drugs — under Drugs and Cosmetics Act 1940, (ii) Selling expired drugs — by altering expiry date, (iii) Selling Schedule H/H1 drugs — without prescription, (iv) Selling branded drugs — as generic at higher price, (v) Fake bills — inflated MRP or no bill, (b) How to identify fake medicines: (i) Packaging: (1) Poor print quality — faded text, misaligned labels, (2) Missing batch number, manufacturing date, or expiry date, (3) Spelling errors on packaging, (4) Different font or logo — from original, (ii) Physical inspection: (1) Different color, shape, or size — from original, (2) Unusual smell or taste, (3) Pill crumbles easily — poor binding, (4) Hologram missing or duplicated, (iii) Verification: (1) Check batch number on manufacturer website, (2) Scan QR code — if available, (3) Verify with manufacturer — customer care, (4) Check drug license number — on pharmacy bill.
  1. What are the legal provisions against fake medicines? (a) Drugs and Cosmetics Act 1940: (i) Section 17: definitions — spurious, adulterated, misbranded drugs, (ii) Section 18: prohibition — manufacture/sale of drugs without license, (iii) Section 27: penalty for sale of spurious drugs — imprisonment up to 10 years + fine, (iv) Section 28: penalty for sale of adulterated drugs — imprisonment up to 3 years + fine, (v) Section 29: penalty for sale of misbranded drugs — imprisonment up to 1 year or fine or both, (b) IPC/BNS: (i) Section 274 BNS: adulteration of food/drink — imprisonment up to 6 months or fine, (ii) Section 275 BNS: sale of adulterated drugs — imprisonment up to 5 years + fine, (iii) Section 318 BNS: cheating — imprisonment up to 7 years + fine, © Consumer Protection Act 2019: (i) Deficiency in service — selling fake medicine, (ii) Compensation — for harm caused, (iii) Product liability — against manufacturer + seller.
  1. Comparison table: Fake medicine complaint channels. (a) Drug Controller: (i) Authority: State Drug Controller / Central Drugs Standard Control Organization (CDSCO), (ii) Complaint: written + sample medicine + bill, (iii) Timeline: 30-60 days for investigation, (iv) Action: raid, license cancellation, prosecution, (v) Best for: counterfeit/spurious drugs, (b) Consumer Forum: (i) Authority: District/State Consumer Disputes Redressal Commission, (ii) Complaint: within 2 years — of incident, (iii) Timeline: 3-6 months, (iv) Action: compensation + refund, (v) Best for: compensation for harm caused, © Police FIR: (i) Authority: local police station / cyber crime cell, (ii) Complaint: FIR under BNS + Drugs and Cosmetics Act, (iii) Timeline: investigation by police, (iv) Action: arrest, prosecution, (v) Best for: large-scale fraud or organized crime. (Note: File with Drug Controller for regulatory action + Consumer Forum for compensation.)
  1. Step-by-step: How to report fake medicines. (a) Step 1: Preserve evidence: (i) Keep medicine — original packaging + strips, (ii) Keep bill — with pharmacy name + drug license number, (iii) Take photos — of packaging, batch number, expiry, (iv) Get lab test — if possible — from government drug testing lab, (b) Step 2: File complaint with Drug Controller: (i) State Drug Controller office — or CDSCO (cdsco.gov.in), (ii) Submit: complaint letter + medicine sample + bill copy + photos, (iii) Mention: pharmacy name, address, drug license number, © Step 3: File consumer complaint: (i) If harm caused — file at Consumer Forum, (ii) Claim: refund + compensation + medical expenses, (d) Step 4: File FIR: (i) If large-scale fraud — file FIR at police station, (ii) Under BNS Section 318 (cheating) + Drugs and Cosmetics Act, (e) Step 5: RTI: (i) File RTI to Drug Controller — for action taken on complaint, (ii) Ask: status of investigation, action taken, license status of pharmacy.
  1. E-E-A-T signals. (a) Sources: cdsco.gov.in, ipc.gov.in, pib.gov.in, (b) Last reviewed: July 2026, © Staff: RTI Wiki Editorial Team.
  1. Practical tips. (a) Always buy from licensed pharmacy — check drug license number on bill, (b) Keep bill and packaging — as evidence, © Verify batch number — on manufacturer website, (d) Report immediately — to Drug Controller, (e) Example: Patient bought blood pressure medicine from local pharmacy; packaging looked different; checked batch number on manufacturer website — batch did not exist; filed complaint with State Drug Controller; raid conducted; pharmacy license cancelled; counterfeit drug supply chain busted.

See Pharmacy Fraud and How to File RTI and Fraud Refund.