The Supreme Court has directed the Central government to constitute a committee to examine measures for preventing unethical marketing practices by pharmaceutical companies. The committee will consider suggestions and views on the issue and submit its recommendations to the government. The exercise is aimed at examining whether a stronger statutory framework is required to regulate pharmaceutical marketing practices.
The matter concerns alleged unethical practices in the relationship between pharmaceutical companies and medical professionals. A petition before the court has sought an effective and legally enforceable mechanism to regulate such practices. The case is being heard by a bench comprising Justice Vikram Nath and Justice Sandeep Mehta.
The Centre informed the court that detailed discussions had taken place among the concerned departments regarding the issue. The government has been examining the existing regulatory framework and the need for additional measures to ensure that pharmaceutical companies do not engage in unethical marketing activities.
As part of this process, the government has decided to constitute a three-member committee. The committee will examine whether a statutory framework is required to regulate pharmaceutical companies and, if such a framework is needed, what form it should take. It will also consider the concerns and suggestions placed before it before submitting its recommendations to the government.
The issue also involves the relationship between pharmaceutical companies and medical practitioners. During the proceedings, concerns relating to alleged benefits offered by pharmaceutical companies to doctors, including gifts, travel facilities, hospitality and other incentives, were discussed. Existing regulations already contain restrictions relating to such benefits for medical professional
The government has explained that there are already regulatory provisions dealing with unethical conduct by medical professionals. Action can be taken against doctors for violations of professional conduct rules. However, the question of how pharmaceutical companies themselves should be regulated through a stronger statutory mechanism is now being examined.
At present, the Uniform Code for Pharmaceutical Marketing Practices, or UCPMP 2024, governs the field. The Centre has indicated that the existing framework will continue to apply while the committee examines the need for further statutory measures.
The petitioners have argued that merely having guidelines may not be sufficient and that a legally enforceable mechanism is needed to effectively regulate pharmaceutical marketing. They have raised concerns over practices that could influence interactions between drug companies and medical professionals.
The court has also considered questions relating to the effectiveness of the existing framework and the legal remedies available when unethical marketing practices are alleged. The proceedings have therefore focused on whether stronger government oversight is required and how such a system could operate.
The committee's recommendations are expected to play an important role in determining the next steps. Based on its report, the government may consider introducing a statutory framework or strengthening the existing regulatory mechanism for pharmaceutical marketing practices.
The Supreme Court has fixed January 29 for considering the Centre's compliance affidavit. The proceedings will therefore continue as the government works on the committee and its recommendations.
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