Courts Supreme Court
Supreme Court asks Union to form committee on pharma marketing rules
This case concerns a writ petition seeking the enforcement of the right to health by regulating unethical marketing practices in the pharmaceutical industry, specifically the influence of such practices on medical prescriptions.
The Court is addressing the need for a statutory or regulatory framework to curb these practices and ensure transparency and accountability.
Who it concerns: Petitioners: Federation of Medical & Sales Representatives Association of India, its Secretary, and the National Coordinator of Jan Swasthya Abhiyan. Respondents: Union of India, Ministry of Chemicals and Fertilizers (Department of Pharmaceuticals), and Ministry of Health and Family Welfare. Bench: Justice Mehta.
What the court decided
- The Court noted the Union of India's proposal to constitute a three-member Committee to examine the issues and recommend a statutory and regulatory framework for regulating pharmaceutical marketing practices.
- The Court noted that the existing Uniform Code for Pharmaceutical Marketing Practices, 2024 (UCPMP, 2024) shall continue to govern pharmaceutical marketing practices until the Committee's recommendations are considered and acted upon by the Government.
- The Court recorded the petitioners' submission that they have no objection to the constitution of the new Committee but urged that it consider their suggestions and afford stakeholders the opportunity to place their views before finalizing recommendations.
Also in the document
- The Court had previously granted a 'last opportunity' on 28th July, 2026, for the Union of India to place the outcome of its deliberations before the Court.
- The Union of India filed an affidavit on 8th September, 2026, detailing meetings held in August 2026 with industry associations (IDMA, IPA, OPPI) and internal departmental discussions.
- The petitioners acknowledged that the issues involve matters of policy and that the formulation of the regulatory framework must emerge from a considered decision of the Union of India.
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The original document
Supreme Court of India — orders & judgments
Court order · Ref. W.P.(C) No. 323/2021 · 8 Oct 2026
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