New pharma marketing code ‘lacks teeth’ to stop unethical practices: Medical reps’ body

The updated Uniform Code for Pharmaceutical Marketing Practices (UCPMP) 2024 lacks the “teeth” to stop unethical marketing practices by drug companies, says the Federation of Medical and Sales Representatives Association of India (FMRAI), the organisation that had initially approached the Supreme Court, calling for an enforceable legal code.

The updated Code provides for complaints made by an individual to be escalated from an industrycentric ethical committee to an apex committee headed by the Secretary of the Department of Pharmaceuticals. But it is not clear how a pharmaceutical company running foul of the guidelines would be penalised, FMRAI general secretary Santanu Chatterjee told businessline, adding that the Code lacked teeth to penalise the unethical practice of “paying for prescriptions”.

Public health voices have also expressed concerns on the industry, in a sense, sitting in judgement on itself.

GOVERNANCE ISSUES

Another challenge in implementation is that the issue falls between two different ministries, said Chatterjee, echoing a concern pointed out by other industrywatchers. The UCPMP is issued by the DoP, under the Ministry of Chemicals and Fertilizers, while much of the activity of the pharmaceutical industry in terms of research, manufacturing and marketing approvals etc, for its medicines, comes under the Ministry of Health and Family Welfare, as does the governance of the medical profession. Both Ministries, though, have the same person helming it as Minister, Mansukh Mandaviya.

GUARDRAILS

The Code does have guardrails in place to restrain corrupt practices, in terms of making top management accountable and calling for audit trails of permissible brand reminders etc given to doctors. But an industry consultant pointed out, complaints made by individuals to the different committees (on the breach of the Code) should be anonymised. Chatterjee agreed, adding that several times complaints are from industryinsiders, from individuals who are witness to corrupt practices, and making a complaint could be lifethreatening.

The FMRAI’s case is in Court, and Chatterjee is hopeful now that Centre has issued updated UCPMP, and the case would come up for hearing.