SC Orders Panel To Examine Unethical Pharma Marketing

 New Delhi: The Supreme Court on Thursday directed the Centre to constitute a committee within two weeks to comprehensively examine unethical pharmaceutical marketing practices.

The court said the committee should endeavour to submit its recommendations to the Centre within two months of its first meeting, after consultations and consideration of the material and suggestions placed before it.

A two-judge bench of Justice Vikram Nath and Justice Sandeep Mehta passed the order on a petition concerning the alleged prevalence of unethical marketing and promotional practices by pharmaceutical companies in their dealings with healthcare professionals.

The petitioners alleged that these practices included direct or indirect monetary benefits, gifts, hospitality, sponsored travel, entertainment and other inducements intended to influence doctors’ prescribing practices.

The court noted that the Centre had proposed a three-member committee to examine the issue and recommend an appropriate statutory and regulatory framework to govern the conduct of pharmaceutical companies.

“In view of the aforesaid discussion, and having regard to the constitutional obligation to protect the right to health as well as the continuing need for an effective and enforceable framework to regulate pharmaceutical marketing practices, we consider it appropriate to exercise our jurisdiction under Articles 32 and 142 of the Constitution,” it said.

The bench said its directions were intended to ensure effective implementation of the existing framework and support the Centre’s efforts to develop an appropriate regulatory mechanism.

The committee must examine the adequacy of existing laws and regulations, the effectiveness of monitoring, oversight and enforcement mechanisms, and measures needed to improve transparency, accountability and compliance.

It must consider the material already placed on record by the petitioners and intervenors and give them a reasonable opportunity to present their views, suggestions and concerns.

The committee would recommend an appropriate regulatory or statutory framework for effectively regulating pharmaceutical marketing practices, keeping transparency, accountability and enforcement in view, the court said.

The bench directed the Centre to file a compliance affidavit and posted the matter for January 29 to consider it.