SC asks if norms in place 'actually implemented' in matter over unethical pharma practices

New Delhi, Sep 4 (PTI) The Supreme Court on Thursday said the actual "difficulty" was in the implementation of the existing norms while hearing a plea seeking an uniform code for marketing practices of pharmaceutical firms to curb any unethical ways to promote drugs.

Justices Vikram Nath and Sandeep Mehta made the observation after Solicitor General Tushar Mehta, appearing for the Centre, said the prayer made in the plea had become infructuous as a statutory regime was already in place.

"The difficulty is, regime is there in place, but whether that is actually implemented or not," Justice Nath said.

Senior advocate Kapil Sibal, who also appeared in the matter, said a new regime was brought in last year.

"That is what the concern of mylords is, that if it is a toothless tiger... what is the purpose," Justice Mehta said.

The law officer, however, responded, "It is a tiger with all power at its command".

The Uniform Code for Pharmaceutical Marketing Practices (UCPMP) 2024 came in force last year.

Mehta requested for the matter to be heard on a non-miscellaneous day as the hearing might need some time.

"The prayer has become infructuous. But to show that there is already a statutory regime in place, that would need some time," he said.

The bench posted the matter for October 7.

In March 2022, the apex court agreed to hear the plea and issued notice to the Centre seeking its response on the issue.

The plea filed by 'Federation of Medical and Sales Representatives Association of India' sought a direction that till an effective law was enacted as prayed, the top court may lay down the guidelines to control and regulate unethical marketing practices by pharmaceutical companies or in the alternative, make the existing Code binding with proper and reasonable modifications/additions.

The plea said the Indian Medical Council (Professional Conduct, Etiquette and Ethics) Regulations of 2002 prescribe a code of conduct for doctors in their relationship with pharmaceutical and allied health sector industry, and prohibit acceptance of gifts and entertainment, travel facilities, hospitality or monetary grants from pharmaceutical companies.

"This code is enforceable against doctors, however, does not apply to drug companies, leading to anomalous situations where doctors' licenses are cancelled for misconduct which is actuated, encouraged, aided, and abetted by pharma companies. The pharma companies go scot-free," it claimed.

The plea claimed though termed as "sales promotion", in fact, direct or indirect advantages were offered to doctors (as gifts and entertainment, sponsored foreign trips, hospitality, and other benefits) in exchange for an increase in drug sales.

It said unethical drug promotion could adversely influence doctors' prescription attitudes and harm human health by over-use/over-prescription of drugs, prescription of higher doses of drugs than necessary and prescription of an irrational combination of drugs.

It claimed no enforceable law exists which regulates the promotion of drugs by pharmaceutical companies vis-a-vis healthcare professionals, and therefore, unethical practices continue unfettered. PTI ABA ABA AMK AMK