SC asks Centre to frame mechanism against unethical pharma marketing practices

The Supreme Court on Thursday (Oct 08) directed the Centre to form an expert committee to examine unethical marketing practices in the pharmaceutical industry and recommend a statutory mechanism to regulate them.

A bench of Justices Vikram Nath and Sandeep Mehta passed the order while hearing a plea alleging that pharmaceutical companies use various promotional practices to influence healthcare professionals and their drug-prescribing decisions.

The petitioners alleged that these practices include direct or indirect monetary benefits, gifts, hospitality, sponsored travel, entertainment and other incentives offered to medical practitioners.

Centre asked to form three-member committee

The Supreme Court noted that the Centre has proposed setting up a three-member committee to examine the issue and suggest an appropriate statutory and regulatory framework for pharmaceutical companies.

The bench directed the Union government to constitute the committee, if it has not already done so, within two weeks from the date of the order.

The court said the move was necessary in view of the constitutional obligation to protect the right to health and the need for an effective and enforceable system to regulate pharmaceutical marketing practices.

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Panel to examine existing rules, enforcement

The committee will carry out a comprehensive review of issues linked to unethical pharmaceutical marketing practices. It will examine whether the existing laws and regulatory framework are adequate and how effectively the current monitoring, oversight and enforcement mechanisms work.

It will also consider measures to improve transparency, accountability and compliance in the pharmaceutical sector.

The Supreme Court said the committee should submit recommendations to the Centre on an appropriate statutory and regulatory framework for regulating pharmaceutical marketing practices.

The court said its directions are aimed at ensuring effective implementation of the existing framework while helping the Centre develop a suitable regulatory mechanism.