Centre told to form panel on unethical pharma marketing: Why SC issued the order

New Delhi: The Supreme Court on Thursday directed the Centre to constitute a committee to examine suggestions on regulating unethical marketing practices by pharmaceutical companies and recommend measures to the government.

A bench of Justices Vikram Nath and Sandeep Mehta passed the order while hearing a plea seeking effective measures to curb unethical marketing practices in the pharmaceutical industry.
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What did the Supreme Court direct?

The court directed the Union government to constitute a committee that will consider suggestions and representations on the issue.

“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,” the bench said while pronouncing the order.

The matter has been posted for January 29, when the court will consider the Centre’s compliance affidavit.

The direction comes nearly a month after the Centre told the Supreme Court that it was setting up a three-member panel to examine the need for a statutory framework to prevent unethical practices by pharmaceutical companies.

During the September 8 hearing, the Centre sought two months to allow the committee to submit its report. The report was to be placed before the Supreme Court for consideration.

The government had acknowledged the need to strengthen the existing mechanism for regulating unethical practices in the pharmaceutical sector.
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What is the proposed statutory framework?

The Centre had told the court that detailed discussions had been held to identify possible solutions and that a three-member committee would examine whether a statutory framework was required.

The committee was also tasked with recommending what such a framework should look like, if considered necessary.

Until the committee submits its report and the government takes a decision based on its recommendations, the Uniform Code for Pharmaceutical Marketing Practices (UCPMP), 2024 will continue to govern the sector, the Centre had informed the court.

The plea before the Supreme Court seeks stronger regulation of pharmaceutical companies' marketing practices. It had urged the court to frame guidelines to control and regulate unethical marketing practices until an effective law is enacted.

PTI