Breaking: Supreme Court Directs Centre To Form Committee On Unethical Pharma Practices And Mandatory Marketing Code
The matter, concerning freebies to doctors, is again listed on 29th January for consideration of the compliance affidavit by the Union.
The Supreme Court has directed the Union of India to constitute a committee to review representations regarding unethical drug promotion practices and the mandatory implementation of a marketing code for pharmaceutical companies.
The Court heard a Public Interest Litigation seeking enforcement of a statutory code to regulate unethical marketing practices by pharmaceutical companies.
The Bench of Justice Vikram Nath and Justice Sandeep Mehta ordered, "We have directed the Union of India to constitute a committee, and the committee will consider the suggestions, representations, and thereafter give its recommendations to the Union of India. Matter is again directed to be placed on 29th January for consideration of the compliance affidavit by Union of India."
Senior Advocate Sanjay Parikh appeared for the Petitioners, while Solicitor General Tushar Mehta appeared for the Respondents
On September 8, 2026, the Court had reserved the orders in the matter and heard both the parties.
The National Medical Commission had issued a Gazette Notification to keep in abeyance the implementation of the National Medical Commission Registered Medical Practitioner (Professional Conduct) Regulations, 2023 which had initially placed restrictions on medical practitioners, preventing them from prescribing branded medicines to patients, instead of Generic drugs/medicines.
The petition, filed by the Federation of Medical & Sales Representatives Associations of India and others, challenged the effectiveness of the current voluntary regulatory regime and seeks enforcement of the Right to Health under Article 21 of the Constitution. The petitioners argued that the pharmaceutical industry continues to engage in unethical marketing practices.
In the petition, it was stated, “The instant writ petition has been filed by the petitioners seeking a strict regulation in the marketing and promotion of drugs by pharmaceutical companies vis a vis health care professionals. The writ petition has highlighted that enormous money is spent on sales for promotion to influence doctors with a view to generate higher number of prescriptions and consequently higher number of sales… This has led to over prescription of drugs resulting in a serious infringement of right to life and right to health of the citizens.”
The Union of India, in its counter affidavit, stated, “The Department of Pharmaceuticals has issued the Uniform Code for Pharmaceutical Marketing Practices (UCPMP), which is applicable to Pharmaceutical Companies, medical representatives and agents… The UCPMP clearly prohibits pharmaceutical companies from offering gifts, travel facilities, hospitality, cash or monetary grants to physicians or their family members.”
The Counter affidavit further goes on to state that the Government is considering recommendations of the Standing Committee on Health and Family Welfare in its 45th Report, which recommended making UCPMP mandatory by statutory enactment.
Pertinently, the Central Board of Direct Taxes(CBDT) had accused the makers of the Dolo-650 tablet of indulging in "unethical practices" and distributing freebies worth about Rs 1,000 crore to doctors and medical professionals in exchange for promoting products made by the pharmaceutical group. This has been highlighted in the petition as well as the Counter Affidavit of the Central Government.
Cause Title: Federation of Medical and Sales Representatives Associations of India & Ors. v. Union of India & Ors. (W.P.(C) No. 323/2021)