Supreme Court Seeks Panel to Curb Unethical Pharma Marketing Practices

The Supreme Court has directed the Centre to constitute a committee to examine unethical marketing practices adopted by pharmaceutical companies and recommend measures to strengthen regulation of the sector.

A bench of Justices Vikram Nath and Sandeep Mehta asked the Centre to constitute the committee within two weeks, if it has not already been formed. The panel has been directed to examine the existing legal and regulatory framework, monitoring mechanisms and enforcement measures governing pharmaceutical marketing.

The committee will have to submit its recommendations within two months of its first meeting. The Supreme Court has also asked the Centre to consider the recommendations and take an appropriate and reasoned decision at the earliest.

The order came while hearing a public interest litigation filed by the Federation of Medical and Sales Representatives Associations of India and others, which raised concerns over alleged unethical promotional practices by pharmaceutical companies in their dealings with healthcare professionals.

The petitioners alleged that pharmaceutical companies may offer doctors monetary benefits, gifts, hospitality, sponsored travel, entertainment and other incentives to influence prescribing practices. They argued that such practices could contribute to over-prescription, irrational use of medicines and greater preference for expensive branded drugs.

The petitioners also highlighted the possible impact on patients through higher treatment costs, adverse drug reactions and increased antimicrobial resistance.

The plea pointed out that while doctors are governed by statutory ethical rules, there is no comparable enforceable framework specifically governing pharmaceutical companies. It also challenged the voluntary nature of the Uniform Code for Pharmaceutical Marketing Practices (UCPMP), 2015, arguing that it lacks effective monitoring and penalties.

The Supreme Court observed that the existing framework has not proved entirely effective in preventing unethical practices. It stressed that regulations in the pharmaceutical sector must be assessed not only by their existence but also by their implementation and enforcement.

The Centre had proposed the formation of a committee to examine the issue comprehensively, leading to the court's directions.