The Supreme Court on Thursday expressed concern over the lack of effective enforcement of norms regulating pharmaceutical companies’ marketing practices, while hearing a plea seeking a uniform code to curb unethical promotion of drugs.
A Bench of Justices Vikram Nath and Sandeep Mehta observed that although a statutory regime exists, the challenge lies in its actual implementation. “The difficulty is, regime is there in place, but whether that is actually implemented or not,” Justice Nath remarked.
The observation came after Solicitor General Tushar Mehta, appearing for the Centre, argued that the plea had become infructuous since the Uniform Code for Pharmaceutical Marketing Practices (UCPMP) 2024 was already in force. Defending the code, Mehta insisted, “It is a tiger with all power at its command.”
Senior advocate Kapil Sibal, also appearing in the matter, highlighted concerns over the effectiveness of the regime. Echoing the Bench’s doubts, Justice Mehta said, “If it is a toothless tiger… what is the purpose?”
The Bench agreed to list the matter for detailed hearing on October 7, noting that time would be needed to examine the scope of the code and its enforcement.
The plea was originally filed in 2022 by the Federation of Medical and Sales Representatives Association of India, which sought either a binding statutory framework or interim guidelines by the court to regulate unethical drug marketing. The petition highlighted that while the Indian Medical Council (Professional Conduct, Etiquette and Ethics) Regulations, 2002, prohibit doctors from accepting gifts, hospitality or benefits from pharmaceutical companies, no equivalent restrictions apply to the companies themselves.
The petitioners contended this imbalance results in doctors being penalised for misconduct abetted by pharmaceutical firms, which often escape accountability. The plea further warned that unethical promotional tactics—such as gifts, sponsored trips, and hospitality—distort prescribing patterns, leading to over-prescription, irrational drug combinations, and potential harm to public health.
