Supreme Court orders expert panel on statutory curbs for pharma marketing
The Supreme Court on October 8 directed the Centre to set up an expert committee to examine whether drug companies should face a legally enforceable code against unethical marketing. Ruling on a petition by medical representatives' federation FMRAI, a Bench of Justices Vikram Nath and Sandeep Mehta will check compliance on January 29, 2027.
Syllabus: Prelims · Polity & Governance; GS4 · Ethics in Public Administration; GS2 · Government Policies
Why it matters
Most patients take whatever medicine their doctor prescribes, trusting that the choice is made for their health alone. If drug companies reward doctors with gifts or paid trips to push particular brands, patients may end up taking more medicines than they need, at higher doses or for longer, which costs money and can harm health. At present the companies follow only a voluntary code, and the government itself acknowledges a gap in bringing them under a statutory framework. The court has now asked experts to examine whether binding rules are needed. The answer could shape how medicines are sold in India and how far patients can trust a prescription.
Prelims pointers
- UCPMP 2024: Uniform Code for Pharmaceutical Marketing Practices, a voluntary code issued by the Department of Pharmaceuticals.
- The Department of Pharmaceuticals is part of the Union Ministry of Chemicals and Fertilizers.
- ECPMP: Ethics Committee for Pharma Marketing Practices, created under UCPMP 2024.
- ACPMP: Apex Committee for Pharma Marketing Practices, provided for under UCPMP 2024.
- UCPMP 2024 tightened rules on gifts, physician samples and continuing medical education, and added disclosure, complaint timelines, audits and referral mechanisms.
- FMRAI: Federation of Medical and Sales Representatives' Associations of India, the petitioner.
- The Supreme Court has read the right to health into the right to life under Article 21 of the Constitution.
Practise a UPSC-style question
With reference to the Uniform Code for Pharmaceutical Marketing Practices (UCPMP), 2024, consider the following statements:
1. It is a statutory code enacted by Parliament and enforceable in the courts.
2. It was issued by the Department of Pharmaceuticals of the Government of India.
3. It provides for an Ethics Committee for Pharma Marketing Practices as well as an Apex Committee.
Which of the statements given above is/are correct?
- (a) 1 and 2 only
- (b) 2 and 3 only
- (c) 1 and 3 only
- (d) 1, 2 and 3
Show the answer
Answer: (b) 2 and 3 only
1 is incorrect: UCPMP 2024 is a voluntary code; whether it needs statutory backing is what the new committee will examine. 2 is correct: it was issued by the Department of Pharmaceuticals. 3 is correct: it created the ECPMP and provided for an Apex Committee (ACPMP).
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