Centre Tells Supreme Court: Panel To Frame Rules Against Pharma Malpractices

New Delhi: The Centre on Tuesday informed the Supreme Court that it is contemplating setting up a three-member panel to suggest a statutory framework for ensuring that pharmaceutical companies do not indulge in unethical practices to lure doctors. The matter was heard by a bench comprising Justices Vikram Nath and Sandeep Mehta. The government sought two-month time during which the committee would submit its report that will be placed before the court for approval. The bench reserved its order on the pleas filed by the Federation of Medical and Sales Representatives Associations of India and others. The plea sought a direction that until an effective law was enacted, the apex court should lay down guidelines to control and regulate unethical marketing practices by pharmaceutical companies. Solicitor General Tushar Mehta, representing the Centre, argued that these unethical practices are not happening in big pharma companies but are concerning some smaller companies. The Centre's counsel contended that several ministries were involved. After detailed discussion, several issues were highlighted, and the resolution was that an independent committee must submit a report, he said. The bench asked if the committee had been constituted? Centre's counsel replied that he would get instructions on that and inform the bench. Senior advocate Sanjay Parikh, appearing for the petitioners, questioned the delay in the process and pointed out that Centre's earlier counter affidavit, filed in September 2022. Citing the 2022 affidavit, the senior counsel argued that it had stated that a high-level committee under the chairmanship of a member, health, NITI Aayog had been constituted to examine the need for a legally enforceable mechanism to regulate pharmaceutical marketing practices. Parikh noted that nearly four years had passed and the government was now proposing to constitute another three-member committee, arguing that the UCPMP of 2014 and the present code were substantially the same, barring changes in headings and minor sentence corrections. Earlier, the apex court questioned whether the Uniform Code for Pharmaceutical Marketing Practices (UCPMP), 2024 had sufficient enforcement mechanisms. The apex court also queried whether Centre intended to give statutory backing to the code, noting that the absence of government control could make the purportedly mandatory regime almost voluntary.