The Supreme Court on Thursday (October 8, 2026) directed the Union government to constitute an expert committee to examine whether pharmaceutical companies should be brought under a legally enforceable framework to curb unethical marketing practices.
“We have directed the Union of India to constitute the committee and give its recommendations in terms of our previous directives and observations. The top court issued the directions while hearing a petition filed by the Federation of Medical and Sales Representatives’ Associations of India (FMRAI), seeking a statutory mechanism to regulate pharmaceutical marketing and check alleged unethical practices involving medical professionals. It, however, acknowledged a regulatory gap when it came to bringing pharmaceutical companies within a statutory framework.
The matter will be placed before the Court on January 29, 2027, to show compliance with the orders of the Court,” Justice Mehta said, reading out the operative part of the order in open court. Earlier, in an affidavit filed before the Court, the Union government had said that the existing Uniform Code for Pharmaceutical Marketing Practices (UCPMP), 2024, was functioning satisfactorily in addressing unethical marketing practices. The government had also outlined its previous attempts to give statutory backing to rules governing pharmaceutical marketing, informing the Court that efforts made between 2013 and 2018 had raised questions over the appropriate legal authority and how such regulations could be enforced.
The petition before the top court had claimed that, though termed as ‘sales promotion’, in fact, direct or indirect advantages are offered to doctors (as gifts and entertainment, sponsored foreign trips, hospitality, and other benefits) in exchange for an increase in drug sales.
