Supreme Court directs Union government to set up expert committee on statutory regulation of pharmaceutical marketing

Key facts

• The Supreme Court, through a bench of Justices Vikram Nath and Sandeep Mehta, directed the Union government to constitute an expert committee to consider a statutory mechanism to curb unethical pharmaceutical marketing and return with concrete recommendations.
• The matter will next be heard on January 29, 2027, for a compliance report on the committee's recommendations.
• The case arose from a petition by the Federation of Medical and Sales Representatives' Associations of India (FMRAI) seeking a legally binding mechanism to regulate pharmaceutical marketing practices, citing gifts, foreign trips, freebies and high-pressure tactics used to influence doctors.
• The Centre stated that the Uniform Code for Pharmaceutical Marketing Practices (UCPMP), 2024 was functioning satisfactorily, but a separate examination was needed on whether pharmaceutical companies should be brought under a statutory regime.
• A high-level committee headed by Dr VK Paul, constituted in September 2022, had concluded that the UCPMP need not immediately be made statutory and recommended strengthening the voluntary framework, leading to the UCPMP, 2024.
• The UCPMP, 2024 introduced an Ethics Committee for Pharma Marketing Practice, CEO self-declarations, expenditure disclosures, tighter provisions on gifts and physician samples, and an Apex Committee for Pharma Marketing Practice (ACPMP).
• The ACPMP has received three complaints so far, including one alleging extravagant trips for around 30 doctors; the company was reprimanded and the doctors' list forwarded to the National Medical Commission.