Government's new code prohibits unethical drug marketing by pharmaceutical companies

The government has introduced a new legal code to prevent unethical drug marketing and prohibit medical representatives from offering incentives to access healthcare professionals.

The Department of Pharmaceuticals (DoP) has requested that associations representing the pharmaceutical sector guarantee "strict compliance" with the Uniform Code for Pharmaceutical Marketing Practices (UCPMP) 2024 in a letter dated March 12.

The law also specifies standards for comparisons and claims, as well as the nature of the interaction between medical representatives for businesses and healthcare practitioners. Pharma associations have been requested to establish a dedicated page on their websites and form a five-member Ethics Committee for Pharma Manufacturing Practices (ECPMP).

Penalties for breaking the rules might include financial recovery as well as suspension or expulsion of the "incriminated entity" from the organization. Any organization suspected of breaking the rules may be investigated by the ECPMP. 

Within two months at the end of the fiscal year, companies that are members of pharmaceutical industry groups will be required to file a self-declaration attesting to their compliance with the UCPMP.

Books, calendars, diaries, notebooks (including e-journals), dummy equipment models, clinical treatment guidelines for experts used in healthcare settings, and other educational and informational goods with a maximum value of Rs. 1000 each can be donated to companies as brand reminders. Healthcare practitioners shouldn't be able to independently profit from these things. This was also a request from the industry, arguing that typically the value of such items rarely exceeds Rs 1000-2000.

The new standards state that no medication may be advertised before receiving marketing approval from the regulatory body that permits its sale or distribution. They contend that drug-related information needs to be accurate, current, and free of both overt and covert misinformation. The UCPMP forbids pharmaceutical corporations from giving gifts or travel privileges to medical practitioners or their families, and it also forbids the distribution of free samples to individuals who are not authorized to dispense medication.