The Supreme Court on Thursday in its judgement has directed the Union of India (UOI) to constitute a committee to review the representations regarding unethical drug promotion practices and mandatory implementation of marketing code for pharmaceutical companies that give freebies to doctors.
A two-judge Bench of the apex court, headed by Justice Vikram Nath and also comprising Justice Sandeep Mehta pronounced the verdict after hearing a PIL filed by Federation of Medical & Sales Representatives Associations of India (FMSRAI) and others.
"We have directed the Union of India to constitute a committee, and committee will consider suggestions, representations, and thereafter give its recommendations to the UOI. The matter is again directed to be placed on 29th January for consideration of the compliance affidavit by the UOI," the bench ordered.
The petition of FMSRAI sought enforcement of statutory code to regulate unethical marketing practices by pharmaceutical companies.
On September 8, 2026, the top court had reserved the verdict in the matter after hearing the submissions from all the respective parties.
It is to be noted that the NMC had also issued Gazette Notification to keep in abeyance the implementation of National Medical Commission Registered Medical Practitioner (Professional Conduct) Regulations, 2023 which had initially placed restrictions on medical practitioners, preventing them from prescribing branded medicines to patients, instead of generic drugs.
The petition filed by FMSRAI and others -- filed in the top court -- challenged the effectiveness of current voluntary regulatory regime and seeks enforcement of Right to Health under Article 21 of the Indian Constitution.
The petitioners argued before the apex court that the pharmaceutical industry continues to engage in unethical marketing practices.
"The instant writ petition has been filed by petitioners seeking strict regulation in marketing and promotion of drugs by pharmaceutical companies vis a vis health care professionals. Enormous money is spent on sales for promotion to influence doctors with a view to generate higher number of prescriptions and consequently higher number of sales... This has led to over prescription of drugs resulting in serious infringement of right to life and right to health of citizens," the plea added.
Replying to the plea, the Union of India, in counter affidavit, stated, "Department of Pharmaceuticals has issued Uniform Code for Pharmaceutical Marketing Practices (UCPMP), which is applicable to the Pharmaceutical Companies, medical representatives and agents. UCPMP clearly prohibits pharmaceutical companies from offering gifts, travel facilities, hospitality, cash or monetary grants to physicians or their family members."