The Supreme Court on Thursday directed the Centre to constitute a three-member committee to examine whether pharmaceutical companies’ marketing practices, including gifts and other benefits offered to doctors, require statutory regulation.
A Bench of Justices Vikram Nath and Sandeep Mehta issued the direction while hearing a plea concerning alleged unethical interactions between pharmaceutical companies and healthcare professionals. The court asked the Centre to constitute the committee within two weeks, if it has not already been formed.
The committee will examine the existing regulatory framework governing pharmaceutical marketing practices and assess whether the current mechanisms for monitoring, oversight and enforcement are adequate. It will also consider the views of stakeholders before making recommendations to the government.
The court’s direction comes amid concerns over the influence of promotional practices on prescribing behaviour and the need for greater transparency and accountability in the pharmaceutical sector.
The existing Uniform Code for Pharmaceutical Marketing Practices, 2024, will continue to govern pharmaceutical marketing practices while the committee undertakes its examination and the government considers its recommendations.
The Supreme Court has also been examining wider issues related to medicine pricing and affordability. The latest proceedings focus specifically on the regulatory framework governing interactions between pharmaceutical companies and medical professionals.
The committee’s recommendations could help determine whether stronger statutory provisions are required to regulate pharmaceutical companies and improve compliance with ethical marketing standards.
The court has directed the Centre to file an affidavit on compliance, with the matter listed for further hearing on January 29.
The move is aimed at strengthening transparency in pharmaceutical marketing while safeguarding public interest and ensuring that prescribing decisions remain focused on appropriate patient care.
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