The Supreme Court on Thursday directed the Centre to form a committee to stop pharma companies from using unethical marketing practices. This panel will suggest ways to regulate the industry and prevent doctors from getting expensive gifts. The court listed the matter for January 29 to check the government's progress.
The Supreme Court on Thursday directed the Centre to constitute a committee to consider suggestions on regulating pharmaceutical marketing practices and recommend measures to prevent drug companies from engaging in unethical practices.
A bench of Justices Vikram Nath and Sandeep Mehta said the committee would consider suggestions and representations before making recommendations to the government. The Centre has also been directed to place the committee’s report before the court.
The matter has been listed for January 29 for consideration of the compliance affidavit to be filed by the Centre.
The order was passed while hearing a 2021 petition filed by the Federation of Medical and Sales Representatives Association, which sought regulation of unethical marketing practices by pharmaceutical companies. The petition also raised alleged practices such as offering expensive gifts and other incentives to doctors to promote medicines.
The plea had sought directions from the Supreme Court to frame guidelines to control and regulate such practices until an effective law was enacted.
The Centre had told the court on September 8 that it was setting up a three-member panel to examine the issue and suggest a statutory framework to ensure pharmaceutical companies do not engage in unethical practices.
At the September hearing, the government had sought two months for the committee to submit its report, which would subsequently be placed before the Supreme Court for approval.
The Centre had acknowledged the need to strengthen the existing mechanism governing pharmaceutical marketing practices.
The government had said detailed discussions had taken place and the committee would examine whether a statutory framework was required and, if so, what form it should take.
Until the committee submits its report and a decision is taken on the proposed statutory framework, the Uniform Code for Pharmaceutical Marketing Practices, 2024, will continue to govern the sector.