The Supreme Court on October 8 directed the Union government to constitute a committee to examine whether pharmaceutical companies should be subjected to statutory regulation for their marketing practices, particularly where incentives or other benefits are allegedly offered to doctors to promote prescriptions.
A bench of Justice Vikram Nath and Justice Sandeep Mehta passed the order in a petition concerning the need for an enforceable legal framework to regulate pharmaceutical companies’ interactions with medical professionals.
Background
The petition was filed amid concerns over marketing practices in the pharmaceutical sector and the adequacy of the existing Uniform Code for Pharmaceutical Marketing Practices (UCPMP), 2024. The petitioners sought an effective mechanism to regulate practices that could influence medical prescriptions and urged the Court to ensure that pharmaceutical companies were also subject to meaningful regulation.
During the proceedings, the Union government informed the Court that consultations had taken place among the Department of Pharmaceuticals, Department of Health and Family Welfare and Department of Legal Affairs. The Centre proposed constituting a three-member committee to examine whether statutory regulation was required and, if so, what form such regulation should take.
The government also maintained that the UCPMP, 2024 would continue to operate while the committee examined the issue.
The petitioners, however, questioned the need for another committee, referring to earlier efforts to examine the need for a legally enforceable framework. They also raised concerns about an apparent gap between regulatory consequences for doctors receiving benefits and the absence of a comparable statutory mechanism governing pharmaceutical companies offering such incentives.
The Supreme Court directed the proposed committee to consider the suggestions and representations concerning regulation of pharmaceutical marketing practices and make its recommendations to the Union government.
The Court recorded its direction in these terms:
"The committee will consider the suggestions and representations and give its recommendations to the Union. The matter is directed to be listed on 29th January for consideration of compliance affidavit by the Union."
The Court accordingly directed that the matter be listed again for consideration of the compliance affidavit to be filed by the Union government.
The Supreme Court therefore directed the Union government to constitute the committee and examine the question of statutory regulation of pharmaceutical companies’ marketing practices.
The matter was directed to be listed on January 29, 2027, for consideration of the Centre’s compliance affidavit.
Case Details
Case Title: Federation of Medical and Sales Representatives Associations of India and Ors. v. Union of India and Ors.
Case Number: W.P.(C) No. 323/2021
Judge: Justice Vikram Nath and Justice Sandeep Mehta
Decision Date: October 8, 2026
