NEW DELHI: Despite a government-appointed committee under the Department of Pharmaceuticals (DoP) reprimanding AbbVie Healthcare India Pvt. Ltd. for violating the uniform code for pharmaceutical marketing practice (UCPMP) by sponsoring trips to Monaco and Paris for 30 doctors worth Rs. 1.91 crore, the department has refused to share the names of the “offending” doctors against whom action was to be initiated.
The reason for refusal is that the information involves disclosing personal information and is not of public interest.
As per the norms, the doctor’s license can be suspended if found guilty of violating the code of ethics.
Surprisingly, the refusal to share the names of the doctors by the DoP under the Ministry of Chemicals and Fertilisers comes five months after activist Dr K.V. Babu filed an RTI on the issue.
Moreover, the DoP has yet to share the names of the doctors with the National Medical Commission (NMC), which was asked by the Apex Committee for Pharma Marketing Practices to take action against the “30 offending HCPs (healthcare professionals) as per Indian Medical Council (Professional Conduct, Etiquette and Ethics) Regulations, 2002” in its order on December 23, 2024.
In its order, the committee also directed the Central Board of Direct Taxes (CBDT) to evaluate the tax liability of AbbVie Healthcare India Pvt Ltd, a subsidiary of AbbVie Inc., a US-based pharmaceutical company, for unethical marketing practices, along with the 30 doctors, and to take action in accordance with the provisions of the Income Tax Act, 1961.
Dr Babu, who had sought the list of the 30 doctors whose names were to be forwarded to the NMC chairman based on the order of the apex committee and also the copies of all the communications between AbbVie Health Care and the apex committee, was informed on June 11 that “the requested information involves the disclosure of names or personal information and also is not of public interest and is accordingly not provided as per Section 8(1)(j) of RTI Act.”
Earlier, NMC, in its response on May 8 to Dr Babu, said that the list of 30 doctors has yet to be received by the Commission and that information may be sought from DoP.
Speaking with this paper, the Kerala-based ophthalmologist said, “Though the Apex Committee decided last year, the Ethics and Medical Registration Board (EMRB) of NMC did not receive any communication till May 8. The DoP has also refused to share even the names of the 30 doctors in a reply after five months.”
“The only punishment so far is ‘reprimanding’ the pharma company. Why is the DoP hesitant to send the names to NMC and disclose them? Why are they having second thoughts on this issue?” he said.
The issue pertains to last year, when DoP received an anonymous complaint, accompanied by documents supporting the claims, concerning unethical marketing practices related to AbbVie Inc.'s alleged breach of the UCPMP. In September 2024, DoP set up a special audit committee comprising DoP officers to probe the allegations.
The complaint said that the pharma company provided travel tickets and hotel accommodations for extravagant pleasure trips under the guise of conferences (Aesthetics & Anti-Aging Medicine World Congress 2024), which took place from February 1 to 3, 2024, and from March 26 to 29, 2024, in Monaco and Paris, respectively, for 30 doctors connected to the medical aesthetics/anti-ageing products (Botox and Juvederm).
The committee confirmed the breach of UCPMP and asked the pharma company to consider remedial action by supporting underprivileged patients receiving treatment in government hospitals. But AbbVie rejected the offer and was just reprimanded and then let off.