6-Feb-2020:  Centre persists with ‘toothless’ pharma codes

Despite several instances of breach of the voluntary Uniform Code of Pharmaceutical Marketing Practices (UCPMP) by pharma companies, and the demand from the Indian Medical Association (IMA) and doctors to make it mandatory, the Department of Pharmaceuticals (DoP), which comes under the Ministry of Chemicals and Fertilizers, has yet again requested companies to abide by UCPMP.

It is noted that rather than taking steps towards instituting statutory regulation of unethical marketing and promotion, the DoP is still requesting companies to abide by a toothless, unenforceable UCPMP. Pharma associations are requested to make sure that the pharma accompanies adhere to the provisions of UCPMP and no unethical promotion of pharma products be done during the conference. DoP is yet to make compliance under the UCPMP compulsory.

Uniform Code of Pharmaceutical Marketing Practices (UCPMP):

• India does not have a specific law at present that regulates the promotion and marketing of drugs and medical devices by companies before health care practitioners (HCPs).
• Advertisement of drugs and medical devices to end consumers, on the other hand, is heavily regulated.
• The Central Government had published a set of guidelines in December 2014 called Uniform Code of Pharmaceutical Marketing Practices (UCPMP) as guidance to the industry for promotion and marketing of drugs and medical devices. However, these guidelines are voluntary and do not have the force of law, at present.
• The government is contemplating a separate code for the promotion of medical devices called the Uniform Code for Medical Device Marketing Practices (UCMDMP). However, the code has not yet been finalized.
• Until UCMDMP is officially published, the UCPMP should be treated as the official guidance for the promotion of medical devices by medical devices companies.