Committee meets to draw up code governing pharma firms’ freebies

The government formed the committee under the chairmanship of member (Health) NITI Aayog Dr V.K. Paul after directions from health minister Mansukh Mandaviya.

Members of the committee also include secretary department of pharmaceuticals, health secretary and chairman of the Central Board of Direct Taxes (CBDT), who are examining the marketing practices of pharma companies and exploring ways to regulate them effectively.

The meeting last week follows allegations that Micro Labs Ltd., the makers of Dolo 650, offered freebies worth ₹1,000 crore to doctors during the covid pandemic to promote the anti-fever drug.

“Member (Health) NITI Aayog chaired the first meeting on this matter and has sought comments from all stakeholders. This will require multiple rounds of meeting to frame any concrete decision. The aim is to examine various provisions of the stakeholders with regard to pharmaceutical marketing practices and develop strong interventions for effective implementation among medical professionals,” said an official aware of the matter, adding that the next meeting is likely to happen soon.

While there are regulations against gifting doctors, these are often flouted.

The latest move by the government is aimed at cutting the financial ties between firms that make medicines and doctors who prescribe them.

In 2015, the department of pharmaceuticals put out a code of ethics for pharma companies which pharma industry bodies claim were effectively adopted.

The code, called Uniform Code of Pharmaceuticals Marketing Practice​, provides for a procedure for filing complaints, inquiries by apex committees of pharma associations and penal actions to be taken by the pharmaceuticals associations of which the company is a member. However, the code is not enforceable under law.

In the recent Micro Labs controversy, Indian Pharmaceutical Alliance (IPA), an industry body, gave a clean chit to the firm saying allegations by tax authorities that the company spent ₹1,000 crore on freebies to promote Dolo 650 are not correct.

The Indian Medical Council (Professional Conduct, Etiquette and Ethics) Regulations, 2022 under the Indian Medical Council Act,1956 mention in detail the relationship of healthcare professionals and pharma companies and prohibit physicians and medical practitioners from committing such unethical acts.

The regulations were enforced by the National Medical Commission and state medical councils.

Queries emailed to the health ministry, CBDT and department of pharmaceutical did not elicit any response.