Supreme Court demands formation of committee to address unethical pharmaceutical promotion in India

The Supreme Court has directed the Indian government to establish a panel to investigate and review complaints regarding unethical practices by pharmaceutical companies in offering freebies and inducements to doctors, signalling a potential shift towards stricter regulation.

The Supreme Court has asked the Indian government to set up a committee to examine complaints about pharmaceutical companies offering freebies and other inducements to doctors, as it weighs whether tougher rules are needed to curb unethical drug promotion. A bench of Justices Vikram Nath and Sandeep Mehta said the panel should review suggestions and representations before making recommendations to the Union government.

The case was brought by the Federation of Medical and Sales Representatives Associations of India and others, who are seeking stricter control over how drugs are marketed to health professionals. Their petition argues that pharmaceutical firms should face a legally enforceable framework to stop practices that may influence prescribing decisions, including gifts, travel support and cash-linked benefits.

According to reporting by The Indian Express and other legal news outlets, the court has now asked the Centre to file a compliance affidavit and return to the matter on January 29. Several reports said the proposed panel would be tasked with considering whether the current regulatory framework is adequate or whether a statutory code is needed to deal with such inducements.

The issue has long drawn concern in the healthcare sector, where critics say promotional spending can blur the line between legitimate marketing and improper influence. By directing the government to act, the court has effectively pushed the debate beyond individual allegations and towards the broader question of whether India needs a clearer, enforceable regime governing pharmaceutical promotion.

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