Supreme Court directs Centre to form panel on unethical pharma marketing

The Supreme Court of India has directed the Union government to form a committee to examine unethical pharmaceutical marketing practices. The directive follows a public interest litigation filed by the Federation of Medical and Sales Representatives Associations of India and others, which alleged that drug companies use gifts, hospitality, travel, and monetary inducements to influence doctors' prescribing decisions.

A two-judge bench comprising Justices Vikram Nath and Sandeep Mehta ordered the Centre to constitute the committee within two weeks. The panel is tasked with conducting a comprehensive examination of these practices and recommending whether a statutory regulatory framework is required to govern the conduct of pharmaceutical companies. The committee must submit its recommendations within two months of its first meeting.

The court noted the constitutional obligation to protect the right to health. While the government indicated that existing codes like the Uniform Code for Pharmaceutical Marketing Practices (UCPMP) exist, the petitioners argued that current frameworks lack sufficient mechanisms to penalize companies that offer inducements, creating an asymmetry compared to the disciplinary actions taken against doctors.