Keep RTI Wiki Free for Every Citizen 🇮🇳
Hosting, servers, and content cost ₹50,000+ per month. Your support keeps this resource alive.
Pharmacy Fraud & Fake Medicines Guide — CDSCO Reporting (2026)
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 §326 → NABL test at approved lab → e-Daakhil consumer court for refund + medical compensation → PIL for systemic.
Direct answer (featured snippet)
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
- Counterfeit: copy of branded medicine without authorization.
- Substandard / Spurious (NSQ): doesn't meet pharmacopoeia standards.
- Misbranded: incorrect labelling.
- Adulterated: harmful additives.
- Expired sold as fresh.
- Repackaged without licence.
- Imported without permission.
- Without batch number / manufacturing date / expiry.
- No CDSCO licence of manufacturer.
Common fakes in India
- Antibiotics (azithromycin, amoxicillin).
- Lifestyle drugs (sildenafil, tadalafil).
- Anti-cancer (high-value).
- Vaccines (rare, high-stakes).
- Insulin / diabetes medications.
- Steroids (gym products).
Detection — visual + chemical
Visual checks
- Hologram authenticity: each manufacturer has unique design.
- QR code on package: scan with manufacturer's app.
- Spelling errors on labels.
- Different colour / texture of pills.
- No batch / expiry printed.
- MRP/expiry mismatch.
- Loose packing, no tamper-evident seal.
Chemical checks (NABL lab)
- Assay (active ingredient %).
- Disintegration time.
- Heavy metal contamination.
- Microbial contamination.
Authenticity verification apps
- DAVA (Drug Authentication & Verification Application) — by NIC.
- Manufacturer's app (Cipla, Sun Pharma, Ranbaxy each have authenticity verification).
- Pharma Secure, Pharma Trust (third-party).
Statutory framework — D&C Act 1940
Drugs and Cosmetics Act 1940
- §27: penalty for spurious / adulterated drugs causing death — life imprisonment + ₹10 lakh.
- §27A: penalty for substandard drugs — 1-7 years + fine.
- §28: penalty for unlicensed manufacture.
- §32: search + seizure powers.
Drugs and Cosmetics Rules 1945
- Detailed manufacturing + sale standards.
- Pharmacy licence requirements.
CDSCO
Central Drugs Standard Control Organization — central regulator.
- NSQ alerts: list of substandard medicines flagged.
- Manufacturer audits.
- Recall powers.
State Drugs Controllers
- Pharmacy licensing.
- Inspection.
- Sample collection.
- Prosecution under D&C Act.
Pharmacy Council of India
- Pharmacist registration.
- Disciplinary action.
The 7-day complaint escalation
- Day 0: Photograph + preserve sample.
- Day 1: CDSCO online complaint + state Drugs Controller email.
- Day 3: NABL lab test if affordable / health concern.
- Day 7: NCH 1915 + e-Daakhil.
- Day 14: FIR under D&C Act + BNS.
- 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
- Inspector visits pharmacy + manufacturer.
- Sample collection.
- Government Analyst Lab testing.
- Prosecution under D&C Act.
Recall
- If batch confirmed substandard, CDSCO orders recall.
- Public notice on cdsco.gov.in.
- Pharmacy must return + refund.
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.
Sources & internal links
- CDSCO — cdsco.gov.in
- State Drugs Controllers
- NPPA — nppa.gov.in
- NCH — consumerhelpline.gov.in · 1915
- NCRP — cybercrime.gov.in · 1930
- DCDRC / e-Daakhil — e-jagriti.gov.in
- NABL labs — nabl-india.org
- DAVA app — drug authentication
- Drugs and Cosmetics Act 1940 — §27, §27A, §28, §32
- BNS, 2023 — §318, §326
- Pharmacy Act 1948
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)
Pharmacy fraud and fake medicines: Detection, reporting, and legal action (2026)
- 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.
- 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.
- 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.)
- 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.
- 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.
- 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.
Reader signal
Was this article useful?
Tap once if it helped you. These counters show other citizens which pages are worth reading.
