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BT Explainer: Why the government has ended a key exemptio...
Neetu Chandra Sharma · 2026-06-16 · via Business News India: Latest Business News Today, Share Market, Economy

A recent amendment to the Drugs Rules, 1945, has brought cough syrups back into the regulatory spotlight. The Centre has removed "syrups" from a specific exemption category under Schedule K, ending a decades-old relaxation that allowed certain cough syrups to be sold under less stringent conditions in villages with populations below 1,000.

While the amendment may appear technical, it reflects the government's growing emphasis on tighter oversight of medicines that have traditionally been treated as routine household remedies. The move comes amid growing concerns over the safety, quality and misuse of cough and cold medicines, as well as heightened scrutiny of cough syrup formulations following a series of international controversies involving contaminated products.

The change is expected to bring cough syrups more firmly within the regulated pharmacy system.

A decades-old exemption comes to an end

The latest amendment stems from a change to Schedule K of the Drugs Rules, 1945. Schedule K contains a list of drugs and categories of medicines that are exempt from certain provisions of the Drugs and Cosmetics Act, 1940 and the rules framed under it.

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One of these exemptions was designed to address a practical challenge: the lack of licensed pharmacies in remote villages. Under Serial No. 13 of Schedule K, certain household remedies, including cough syrups, could be sold in villages with populations below 1,000 without complying with some of the retail licensing requirements that applied elsewhere.

The Drugs (Fifth Amendment) Rules, 2026 remove the word "Syrups" from this exemption category. The amendment was notified after considering stakeholder feedback and following consultation with the Drugs Technical Advisory Board (DTAB). It came into effect upon publication in the Official Gazette. In effect, cough syrups will no longer enjoy this special regulatory relaxation.

What the rule change means

The government's action is aimed at the exemption framework, not at the legal classification of individual products. India does not have a comprehensive list of over-the-counter medicines. Whether a cough syrup requires a prescription depends on the active ingredients it contains and the schedule under which those ingredients are classified. Many cough syrups contain substances that fall under Schedule H or Schedule H1 of the Drugs Rules and are already meant to be dispensed through licensed pharmacies, often against a valid prescription.

The latest amendment does not alter those requirements. Instead, it ensures that cough syrups can no longer be sold under the limited Schedule K exemption that existed for smaller villages.

In practical terms, cough syrups covered by the earlier exemption will now be available through the licensed pharmacy system, bringing their sale and dispensing under closer regulatory supervision and ensuring greater accountability in how they reach consumers.

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Why cough syrups are under greater scrutiny

The government's decision comes against a backdrop of growing concern over the safe and rational use of cough medicines.

For years, cough syrups have been viewed as relatively harmless remedies for common ailments. However, many formulations contain combinations of cough suppressants, antihistamines, decongestants and other active ingredients that can cause side effects, interact with other medications or be unsuitable for certain groups of patients.

At the same time, cough syrups have been at the centre of global safety concerns. In 2022, the World Health ​ issued medical product alerts after children in The Gambia died from acute kidney injury linked to contaminated cough and cold syrups manufactured in India. Similar concerns later emerged in Uzbekistan, where investigations linked child deaths to contaminated syrup formulations. The incidents triggered international scrutiny of cough syrup manufacturing and quality control practices and prompted regulators to strengthen oversight of the sector.

Following the incidents, India tightened quality checks on cough syrup exports and mandated testing of export consignments at government-approved laboratories before shipment.

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Dr Randeep Guleria, Chairman, Institute of Internal Medicine and Respiratory and Sleep Medicine at Medanta, said the amendment was a step towards strengthening patient safety.

"Several formulations like codeine were already restricted. Given the previous cases where children have died due to contaminated cough syrups, this is a good move. Patient safety is important," he said.

The misuse problem regulators want to address

Beyond concerns around manufacturing quality, experts say the misuse and overuse of cough syrups has emerged as a growing public health challenge, particularly because many consumers self-medicate without understanding the underlying cause of their symptoms.

Dr Kuldeep Kumar Grover, Associate Director, Pulmonology and Critical Care at CK Birla Hospital, Gurugram, says cough syrups are often consumed without adequate medical advice despite containing ingredients that can cause adverse effects.

"Cough syrups have substances which might lead to drowsiness, addiction, or drug interaction in patients who do not seek medical advice before taking them. Improper dosage administration is also common," he said.

According to Grover, another concern is that a cough is often a symptom rather than a disease.

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"Cough could be a symptom of serious conditions like infections, asthma and allergies. Proper medical evaluation encourages accurate treatment and safer medication use," he added.

Experts have also flagged the misuse of formulations containing codeine and dextromethorphan, both of which have been associated with recreational use in some settings.

Dr Mohsin Wali, Senior Consultant and Head of Preventive Cardiology at Pacific One Health and former Physician to the President of India, says some codeine-containing syrups have historically been misused because of their euphoric effects.

"Codeine-containing syrups have been used for non-medical purposes and can lead to severe addiction. Some ingredients may also have hallucinogenic effects and are misused," he said.

Wali also pointed to the inappropriate use of sedating cough syrups in young children and argued that tighter controls could help reduce overuse and misuse while ensuring safer dispensing practices.

What changes for patients and pharmacies

For most urban consumers, the amendment is unlikely to result in major changes. Cough syrups containing regulated ingredients were already expected to be dispensed through licensed pharmacies in accordance with existing rules.

The bigger impact will be felt in smaller villages that previously benefited from the Schedule K exemption. Retailers operating under those relaxed provisions will no longer be able to rely on that route for selling cough syrups.

The amendment is also expected to place greater responsibility on licensed pharmacies. By ensuring that cough syrups are dispensed through authorised channels, regulators hope consumers will receive better guidance on dosage, duration of use, precautions and possible side effects.

For manufacturers and distributors, the change may require closer attention to compliance and distribution practices, particularly in rural markets where the exemption had historically facilitated access.