Supreme Court Directs Centre To Form Committee On Unethical Pharma Marketing Practices
Supreme Court directed the Centre to constitute a committee on regulation of unethical pharmaceutical marketing practices
The Supreme Court on Thursday directed the Union government to constitute a committee to examine and recommend statutory regulations to curb unethical marketing practices adopted by pharmaceutical companies.
The bench of Justice Vikram Nath and Justice Sandeep Mehta directed the Centre to consider the suggestions and representations concerning the need for statutory regulation of pharmaceutical marketing practices.
“The committee will consider the suggestions and representations and give its recommendations to the Union,” the Court said while pronouncing its order.
The bench further directed the matter to be listed on January 29 for consideration of the compliance affidavit to be filed by the Union government.
The order was passed in a petition seeking statutory regulation of pharmaceutical companies’ marketing practices, particularly to curb unethical interactions between pharmaceutical companies and doctors.
The Supreme Court had earlier, on September 8 reserved its order after Solicitor General Tushar Mehta informed the bench that the Union government would constitute a three-member committee to examine whether a statutory framework was required to regulate unethical practices by pharmaceutical companies.
The matter will next come up before the Supreme Court on January 29, 2027 for consideration of the Union government's compliance affidavit.
Background
The Centre said the proposed committee would examine whether a statutory framework was required and, if so, what form such a framework should take to ensure that pharmaceutical companies do not engage in unethical practices. The government's submission stated that, until the committee submits its report and a decision is taken on its recommendations, the Uniform Code for Pharmaceutical Marketing Practices (UCPMP), 2024 would continue to govern the field.
The petitioners have sought directions from the Supreme Court for an effective mechanism to regulate unethical marketing practices by pharmaceutical companies. They had also urged the Court to frame guidelines until Parliament or the government enacted an appropriate statutory framework.
The Supreme Court had earlier raised concerns over whether the UCPMP 2024 had adequate enforcement mechanisms to regulate pharmaceutical companies. The Court had also questioned whether the Centre intended to give statutory backing to the code, observing that the absence of effective government control could render a supposedly mandatory regulatory regime practically voluntary.