Supreme Court Orders Centre To Form Panel To Curb Unethical Pharma Marketing, Expensive Gifts To Doctors

The Supreme Court on Thursday directed the Union government to constitute a committee to examine unethical pharmaceutical marketing practices and recommend measures to prevent drug manufacturers from offering expensive gifts and other incentives to doctors.

A bench comprising Justices Vikram Nath and Sandeep Mehta instructed the Centre to submit the committee's recommendations before the court.

According to a report by Moneycontrol, the matter has been scheduled for Jan 29, when the bench will consider the government's compliance affidavit.

Seeks measures against unethical pharma marketing

The court directed the proposed committee to examine suggestions and representations concerning pharmaceutical marketing practices before recommending appropriate regulatory measures to the government.

The order came during the hearing of a petition filed in 2021 by the Federation of Medical and Sales Representatives Association.

The petition sought stronger regulation of alleged unethical practices involving pharmaceutical companies offering costly gifts and other benefits to medical practitioners to encourage prescriptions of their medicines.

It also requested that the Supreme Court frame interim guidelines to regulate such activities until an effective law was introduced.

The proceedings reflect concerns over whether existing regulatory mechanisms adequately address incentives offered by drug companies to influence prescribing practices.

Centre proposes statutory framework

During an earlier hearing on Sept 8, the Union government informed the Supreme Court that it intended to establish a three-member committee to examine the issue.

The proposed panel would assess whether a statutory framework was necessary and recommend provisions to prevent pharmaceutical companies from engaging in unethical marketing activities.

The Centre had requested two months for the committee to complete its examination and prepare a report for submission to the court.

The government also acknowledged the need to strengthen the existing system governing promotional practices in the pharmaceutical industry.

According to its submission, detailed discussions had taken place to identify possible regulatory solutions.

The Centre clarified that the Uniform Code for Pharmaceutical Marketing Practices, 2024, would continue to apply while the committee examined the proposed legal framework.

Any further regulatory changes would depend on the panel's recommendations and the government's subsequent decision.

The Supreme Court will examine the Centre's compliance with its directions at the next hearing.