Full Breakdown
Supreme Court Directs Formation of Expert Committee to Review Statutory Regulation of Pharmaceutical Marketing
By Drooid · · How we work
Core Event: Court Order to Examine Statutory Backing for Pharma Marketing Practices
On October 8, 2026, Justices Vikram Nath and Sandeep Mehta ordered the Union government to set up an expert committee to assess whether pharmaceutical companies should be placed under a legally enforceable framework to curb unethical marketing. The committee must submit its recommendations for a compliance hearing on January 29, 2027.
Background and Prior Attempts
The petition filed in 2021 by the Federation of Medical and Sales Representatives’ Associations of India (FMRAI) alleged that firms routinely offered doctors gifts, trips and hospitality to promote specific medicines, leading to over-prescription and higher costs.
In 2024 the government introduced the Uniform Code for Pharmaceutical Marketing Practices (UCPMP), a voluntary code with disclosure requirements, an Ethics Committee (ECPMP) and an Apex Committee (ACPMP). Earlier attempts to give the code statutory force through the Essential Commodities Act and the Drugs and Cosmetics Act were dropped after jurisdictional concerns. A high-level committee headed by Dr V.K. Paul of NITI Aayog (Sept 2022) recommended strengthening the voluntary framework rather than immediate statutory enforcement.
Committee Composition and Mandate
The Supreme Court’s order calls for a three-member expert panel to consider “suggestions and representations” on the need for a statutory regime and its possible form. The Centre says the panel will review global practices and propose recommendations, while the UCPMP 2024 will continue to govern the sector pending the report.
Petition Allegations and Public Health Concerns
The FMRAI petition contends that “direct or indirect advantages” such as gifts and sponsored trips are offered to doctors in exchange for increased drug sales, influencing prescribing behavior, raising patient costs and posing health risks. It also cites a February 22 2022 Supreme Court judgment (Apex Laboratories v Deputy Commissioner of Income Tax) that barred tax deductions for freebies given to doctors.
Official Statements & Responses
- Supreme Court – The bench stressed that the committee must deliver its recommendations before the January 29, 2027 hearing, avoiding an “open-ended exercise.”
- Union Government – In its September 8 submission, the Centre acknowledged the regulatory gap, confirmed that UCPMP 2024 remains in force, and noted that ACPMP had received three complaints, including one about extravagant trips for about 30 doctors; the implicated company was reprimanded and the doctors’ list forwarded to the National Medical Commission.
- FMRAI – The association maintains that voluntary codes have failed and urges the Court to endorse a statutory code with penal provisions to protect the right to health.
Verbatim Quotes
- “We have directed the Union of India to constitute the committee and give its recommendations in terms of our previous directives and observations. The matter will be placed before the Court on January 29, 2027, to show compliance with the orders of the Court,” — Justice Mehta
Implications and Why It Matters
The directive pushes the Centre beyond a voluntary self-regulatory model. A statutory framework could introduce enforceable penalties, addressing the alleged influence of pharma marketing on prescribing patterns and drug costs. The outcome may also inform regulatory approaches in other sectors where industry-professional interactions raise conflict-of-interest concerns.
What’s Next
The expert committee is expected to submit its report within two months of its constitution. The Supreme Court will review the compliance affidavit and the committee’s recommendations on January 29, 2027. Until then, the UCPMP 2024 continues to apply to pharmaceutical marketing activities.