SC seeks Centre's response on plea alleging unethical marketing practices by pharmaceutical companies
Mar 11, 2022
New Delhi [India], March 11 : The Supreme Court on Friday asked the Centre to respond to a plea alleging unethical marketing practices by pharmaceutical companies in their dealings with healthcare professionals resulting in the prescription of excessive or irrational drugs and a push for high-cost or over-priced brands.
A bench headed by Justice DY Chandrachud issued notice to the Centre on the petition, which claimed that there are abundant examples that show how corruption in the pharmaceutical sector endangers positive health outcomes and puts patients' health at risk.
The Court was hearing a petition filed by the Federation of Medical, Sales Representatives Association of India and others through advocate Aparna Bhat. The petitioner was represented by Senior Advocate Sanjay Parikh.
The petitioners have sought "enforcement of the fundamental right to health enshrined in the Right to Life under Article 21 of the Constitution of India in view of the ever-increasing instances of unethical marketing practices by pharmaceutical companies in their dealings with healthcare professionals resulting in the prescription of excessive and irrational drugs and a push for high-cost and over-priced brands, which are practices that directly affect citizens' health, violating their rights under Article 21 of Constitution."
"There are abundant examples that show how corruption in the pharmaceutical sector endangers positive health outcomes and puts patients' health at risk," the petitioners said.
The petitioners added that as violations of this kind have become a recurring phenomenon and are progressively becoming more pervasive, a Statutory Code of ethical marketing for the pharmaceutical industry, with penal consequences, be established to curb such practices for the enforcement of the Fundamental Right to Health of the people of India.
The petition also said that due to the voluntary nature of the existing Code, unethical practices continue to increase and have also surfaced during the COVID-19 times.
Hence, the petitioners urged to issue direction to give the Uniform Code of Pharmaceutical Marketing Practices statutory basis and make it effective by providing a monitoring mechanism, transparency, accountability as well as consequences of violations.
The petition has urged to direct that till an effective law is enacted as prayed above, this court may lay down the guidelines to control and regulate unethical marketing practices by pharmaceutical companies or in the alternative make the existing Code binding with such modifications/additions as the court may find proper and reasonable, which should be followed by all the authorities/courts under Articles 32, 141, 142 and 144 of the Constitution.
