SC agrees to review application for code to prevent unfair marketing practices by Pharma companies

New Delhi, March 12, 2022: 

The Supreme Court on Friday approved a motion seeking direction to the Center for the establishment of a Uniform Code of Pharmaceutical Marketing Practices to prevent misconduct by Pharma companies and ensure to a proper inspection, knowledge, responsibility and consequences of wrongdoing. . A panel of Justices DY Chandrachud and Surya Kant told the Center seeking his response within six weeks saying he wanted to know what the government had to say about the issue.

Initially, Sanjay Parikh, the appellant for the researcher ‘Federation of Medical and Sales Representatives Association of India’, said this was important in the public interest and there was a new trial by this said court Two bribes- The giver or bribe is not prohibited.

He said the medical companies said they were not responsible because doctors in foreign countries had laws to prevent these unfair trade practices.

Parikh said the government would look into it and draft the code as “we all know what happened with Remdesivir injections and other drugs from those companies.”

The board said this could not be done by making a report to the government.

Parikh said they have done this before and they have been pursuing with the government since 2009 until the government comes out with a code, this court could leave some leaders.

The petition filed by the lawyer Aparna Bhat sought guidance until a suitable law is enacted as per the prayer, this Court can leave it to the leaders to prevent and correct the improper sales practices by pharmaceutical companies or the current Code will be enforced with appropriate and necessary modifications. / addition, must be followed by all powers under Articles 32, 141, 142 and 144 of the Constitution.

The Indian Medical Council (Professional Conduct, Etiquette and Ethics) Regulations of 2002 were added to prescribe a Code of conduct for physicians in their dealings with medicine and related health professions, and prohibited from accepting gifts and celebrations, places of interest, hospitality. grants or grants by physicians from medical organizations.

“This Code will apply to physicians, however, not to medical organizations, leading to anomalous situations where physician licenses are revoked for wrongdoing committed, encouraged, assisted, and affiliated with pharmaceutical companies. “, he said.

The lawsuit argued that while it was referred to as a ‘commercial’, in fact, direct benefits were given or sold to doctors (such as gifts and fun, sponsored travel, etc.). hospitality, and other benefits) to increase drug sales.

It has been said that the proliferation of unsuitable medicine can interfere with the prescriptions of doctors and harm human health through excessive / excessive use of medicines, including prescription drugs. higher dose of medications than necessary, prescribing medications for a longer period of time than necessary. More medications than is necessary and the prescription of an inappropriate combination of medications.

It has been said that pharmaceutical companies use high -profile advertising campaigns to entice doctors to prescribe unsuitable supplements to make big sales.

“These traditional medicines without the approval of medical texts and can be harmful to health. Hundreds of these combinations have been banned by the Government of India on many occasions, however, they have continued. pharmaceutical companies continue to flow into the Indian pharmaceutical markets with corporate pharmaceuticals ”, he said.

The lawsuit states that since 2005, the Petitioners have sought to prevent and control unfair marketing practices in the pharmaceutical industry through a Code of Ethical Marketing, through interaction with the Center.

“Applicants are seeking to fulfill the fundamental right of health enshrined in the Right to life under Article 21 of the Constitution of India due to the rapid increase in commercial activities. Pharmaceutical companies should not in their conversations with health care professionals result in counseling.High prescription drugs and / or prescription drugs and the promotion of high prices and / or the main price, which is activities that are directly related to the health of the citizens, in violation of their rights under Article 21 of the Constitution, ”he said.

The lawsuit said there were many examples showing how corruption in the pharmaceutical industry threatens positive health outcomes and leaves patients healthy.

“As this type of abuse has become so new and growing, the researchers are calling for the establishment of a Statutory Code of Ethical Marketing for the pharmaceutical industry, with punitive consequences, that in order to prevent such actions in order to enforce the Human Rights Act.to the health of the people of India.Due to the current liberal nature of the Code, unethical practices continue to increase and have emerged. also at COVID-19 ”times, he added.

It was said that no law would be enacted to regulate the distribution of medicines by pharmaceutical companies in connection with the health care industry, and therefore unfair practices continued.  ET HealthWorld