SC Seeks Panel to Examine Pharma Companies’ Marketing Practices

The Supreme Court has asked the Centre to set up a three-member committee to examine whether pharmaceutical companies should be brought under a statutory framework for regulating their marketing practices, particularly benefits and incentives offered to doctors.
A Bench comprising Justices Vikram Nath and Sandeep Mehta passed the direction while hearing a petition concerning alleged unethical dealings between pharmaceutical firms and medical professionals.
The proposed panel will consult various stakeholders and assess whether the existing rules are adequate. It will also suggest whether a legally enforceable regulatory mechanism is required and, if so, recommend its structure.
The Centre has been directed to submit an affidavit detailing the steps taken to implement the court’s order. The matter will next come up for hearing on January 29.

The court observed that the present regulatory system primarily addresses doctors who accept benefits from pharmaceutical companies, while there is no equivalent statutory provision specifically governing companies that offer such inducements.
The proceedings come as the Supreme Court is also examining wider concerns surrounding medicine prices and affordability, including a reported significant difference between the retail price and maximum retail price of a cancer drug.