Archive · 9 Oct 2026
Supreme Court Orders Panel to Review Unethical Pharma Marketing
The Supreme Court has told the government to create a three-person committee.
The committee will look at how medicine companies promote their products to doctors.
Petitioners say companies may offer gifts, travel, hospitality, money, or other benefits to influence what doctors prescribe.
They argue that doctors can face penalties for accepting benefits, but companies need clearer legal consequences for offering them.
The committee will check whether current rules are enough and whether they are properly enforced.
It will hear from petitioners and other interested groups, and it may ask experts for help.
The committee should give its recommendations to the government within two months of its first meeting.
The government must consider the recommendations and explain its decision.
The current 2024 marketing code will stay in place while the review takes place.
The case is due back in court on January 29, 2027, for the Centre’s compliance affidavit.
The Supreme Court directed the Centre to form a three-member committee within two weeks to examine unethical pharmaceutical marketing practices.
The committee will assess existing rules and enforcement, hear stakeholders, and may seek expert assistance.
It is to submit recommendations within two months of its first meeting; the Centre must consider them and issue a reasoned decision.
The Uniform Code for Pharmaceutical Marketing Practices, 2024, will continue to govern the sector during the review.
The petitioners say companies should face enforceable penalties for inducements to doctors; the Court said policy choices primarily belong to the government.
- Who
- The Supreme Court, the Union government, and petitioners including the Federation of Medical and Sales Representatives Association of India.
- What
- The Court directed the Centre to constitute a three-member committee to review pharmaceutical marketing rules and recommend an appropriate regulatory or statutory framework.
- When
- The order was issued on October 8, 2026; the committee is to be constituted within two weeks and report within two months of its first meeting. The next hearing is listed for January 29, 2027.
- Where
- India.
- Why
- The review follows concerns that inducements from pharmaceutical companies may influence doctors’ prescriptions and that existing rules and enforcement mechanisms may be inadequate.
Petitioners’ position
Court and Centre’s approach
Need for another committee
Petitioners’ position
Petitioners questioned forming another panel, noting an earlier Centre affidavit had referred to a high-level committee, and sought enforceable rules or interim guidelines.
Court and Centre’s approach
The Centre proposed a three-member committee to examine what framework is needed, and the Court directed a consultative review.
Accountability for companies
Petitioners’ position
Petitioners argued that doctors may face disciplinary action for accepting benefits while companies offering inducements lack a corresponding statutory penalty mechanism.
Court and Centre’s approach
The Centre said the existing code would remain in force while the committee reviews enforcement and possible statutory or regulatory changes.
Who should set policy
Petitioners’ position
Petitioners asked the Court to direct a statutory framework or establish interim guidelines until effective legislation is in place.
Court and Centre’s approach
The Court said choosing the appropriate framework is primarily a legislative and executive policy matter, while directing the Centre to consider the issue and make a reasoned decision.
- Bench
- Justices Vikram Nath and Sandeep Mehta
- Committee
- Three members
- Formation deadline
- Within two weeks of the order
- Recommendation deadline
- Within two months of the committee’s first meeting
- Committee remit
- Assess existing laws, monitoring, oversight and enforcement, and recommend a regulatory or statutory framework
- Interim code
- The Uniform Code for Pharmaceutical Marketing Practices, 2024, remains in effect during the review
- Next hearing
- January 29, 2027, to consider the Centre’s compliance affidavit
Sources
Set up panel to examine ‘unethical’ pharma marketing practices: SC to Govt
Panel on 'unethical' pharma practices: Supreme Court sets two-week deadline for Centre
Constitute committee to ensure pharma firms don’t indulge in unethical practices: SC to Centre
Supreme Court Orders Centre To Form Panel To Curb Unethical Pharma Marketing, Expensive Gifts To Doctors
SC asks Centre to frame mechanism against unethical pharma marketing practices
SC Directs Centre To Form Panel On Unethical Pharma Marketing
SC asks govt to plug gaps in pharma marketing norms
Supreme Court asks Centre to examine if new rules are needed to curb unethical pharma marketing
SC Orders Panel To Examine Unethical Pharma Marketing
Supreme Court asks Centre to form panel to prevent pharma companies from indulging in unethical practices
Panel to examine unethical pharma marketing: SC
Supreme Court Directs Centre To Form Panel To Curb Unethical Pharma Marketing Practices
Supreme Court directs Centre to set up panel on pharma firms' marketing practices
