New marketing code for pharma companies: It’s just old wine in new bottle

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By Sumit Jha

Mar 15, 2024

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

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The guidelines regulate marketing practices within the Indian pharmaceutical industry, with a focus on promoting ethical engagement between companies and healthcare professionals.

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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.

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These new guidelines have been formed after the 2022 Supreme Court judgement where the government had asked to upgrade them, after bringing everyone to the discussion table.

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In 2022, the Federation of Medical and Sales Representatives Association of India (FMRAI) filed a petition in the Supreme Court, aiming to make the UCPMP statutory.

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The Union Government stated that it is functioning adequately. Nevertheless, the Supreme Court directed the government to reconsider again with consultation from all stakeholders.

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“They stated that the panel had not involved individuals with grievances, instead opting to consult the pharmaceutical management,” shares President of FMRAI Ramesh Sundar R.

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Malini Aisola, Co-convenor of AIDAN shared, “None of the loopholes have been plugged, rather legitimizes many problematic payments through which pharma promotion takes place.”

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