New pharma marketing code as useless as previous one: Doctors’ body

ADEH said that the government has merely requested the pharmaceutical company associations to see to it that the code is implemented.

BySumit Jha

Published Mar 19, 2024 | 3:05 PMUpdatedMar 19, 2024 | 3:05 PM

New Pharma marketing code

The Alliance of Doctors for Ethical Healthcare (ADEH) has termed the Uniform Code of Pharmaceutical Marketing Practices (UCPMP) 2024 as useless as the Code announced in 2014, as it is not mandatory for pharma companies.

“Without inviting any backlash from any authority, Pharma companies can continue to indulge in corrupt practices and propagation of half-truths or even untruths among doctors and laypeople about the utility and safety of their medicines,” said the Alliance of Doctors for Ethical Healthcare in a statement.

The Department of Pharmaceuticals, under the Ministry of Chemicals and Fertilisers, has introduced the new Uniform Code for Pharmaceutical Marketing Practices (UCPMP) 2024.

Also Read: New marketing code for pharma companies: Is just an old wine in new bottle?

New UCPMP 2014, a mere window dressing? 

These guidelines are designed to regulate marketing practices within the Indian pharmaceutical industry, with a focus on promoting ethical engagement between pharmaceutical companies and healthcare professionals to ensure responsible marketing practices.

The UCPMP prohibits practices such as offering gifts, travel facilities, or free samples to healthcare professionals.

While intended as an upgrade from the 2014 guidelines, many perceive the UCPMP as akin to its predecessor, lacking statutory enforcement and remaining voluntary in nature.

ADEH said that the government has merely requested the pharmaceutical company associations to see to it that the code is implemented.

“There is no penalty or scope of any other action against the company except that the company would lose membership of the association of which it is part. The only change is that now the association of Pharma Companies has been brought into picture. This is, in effect, only a window dressing,” said ADEH.

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‘Govt’s surrender to corporate Pharma sector’

ADEH pointed out that the world wide experience is that voluntary marketing codes do not work. This move by the government is complete surrender to the corporate Pharmaceutical sector.

“The unhealthy practices by the pharmaceutical companies of bribing the doctors and giving them freebies adds to the cost of the drugs which ultimately burdens the patients’ pockets,” said ADEH.

The added pharma Companies through their propaganda, also promote use of irrational Fixed Dose Combinations (FDCs) they make.

“As is well known, in addition to increasing the prices of medicines, the unnecessary exposure to the unnecessary components of irrational FDCs expose patients to unnecessary medication and their side effects. In case of antibiotics this also results in dangerous antimicrobial resistance. We urge the government to make the UCPMP mandatory,” said ADEH.

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The guidelines

The new UCPMP guidelines stipulate that no gifts should be offered or provided for the personal benefit of any healthcare professional or their family members (both immediate and extended) by any pharmaceutical company or its agents, such as distributors, wholesalers, or retailers.

No pecuniary advantage or benefit in kind may be offered, supplied, or promised to any person qualified to prescribe or supply drugs by any pharmaceutical company or its agents.

Furthermore, companies or their representatives, or any person acting on their behalf, are prohibited from extending travel facilities, whether within or outside the country, including rail, air, ship, cruise tickets, or paid vacations, to healthcare professionals or their family members for attending events like conferences, seminars, and workshops.

Additionally, companies or their representatives should refrain from providing cash or monetary grants to any healthcare professional or their family members (both immediate and extended) under any pretext, as per the UCPMP code.

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An Ethics Committee for pharma marketing practices

The Department of Pharmaceuticals has urged all associations to set up an Ethics Committee for Pharmaceutical Marketing Practices (ECPMP), a dedicated UCPMP portal on their website, and take further necessary steps towards the implementation of this Code, addressing associations of drug firms in a notification.

Moreover, the promotion of a drug must align with the terms of its marketing approval, and a drug must not be promoted prior to receiving marketing approval from the competent authority authorising its sale or distribution, according to the code.

The guidelines also emphasise that information about drugs must be balanced, up to date, verifiable, and must not mislead — either directly or by implication.

Additionally, it should accurately reflect current knowledge or responsible opinion, and must be capable of substantiation, which must be provided without delay, upon request of members of the medical and pharmacy professions, including members of other professions employed in the pharmaceutical industry.

(Edited by Shauqueen Mizaj)