'Freebies' to doctors: Pharma industry lobby seeks new code to regulate marketing interaction

Representative image.

The pharma industry lobby groups have asked the government to come up with a common code defining the parameters of marketing for the promotion of medicines between doctors and pharma companies in order to curb unethical marketing practices.

“The structure of interaction between pharma companies and doctors should be defined by the government. What should be the parameters of the marketing practice, let the government define after having a consultation with all stakeholders,” a pharma lobby group member, who was part of the meeting, told Moneycontrol.

The suggestion was made during the consultations held by a high-level committee under NITI Aayog's VK Paul with the representatives of pharma lobby groups, including Indian Drugs Manufacturers Association (IDMA), Indian Pharmaceutical Alliance (IPA) and Organization of Pharmaceutical Producers of India (OPPI), last week.

The talks were held to assess the regulatory framework for marketing practices in the country.

Stressing on a common code for both pharma companies and doctors, a representative of a pharma lobby group said the code should be formulated by the government.

“There should be no ambiguity in that code. It should be easy to implement on the ground is what we have told the government,” the representative said.

Also read: Centre defends pharma marketing practice code in SC, claims adequacy

Another pharma lobby group official said the government is holding consultations with several stakeholders to curb the menace of unethical pharmaceutical practices, which includes providing freebies to doctors.

“We have presented our views to the government panel. They have asked our views on the need for providing medical utilities to doctors for promoting our products,” he said.

Cue from other industries

The lobby groups have told the panel that the industry will also assess marketing models for the ethical promotion of products in other industries.

“We need to look into models being adopted by other industries like FMCG, how they promote their products and give a reply to the government,” the representative added.

The lobby groups have urged the government to allow the distribution of low-value brand reminders to doctors.

Also read: Micro Labs gets clean chit from pharma body on allegations of spending Rs 1,000 crore on Dolo 650

“The industry-doctor interaction is a fundamental and integral component for patient welfare. We have told the government that we don’t want unethical marketing practices. We are against the distribution of luxury items,” the representative added.

Matter in Supreme Court

Meanwhile, Amitava Guha, who approached the Supreme Court (SC) praying for enforcement of a legal code for the marketing of medicines said pharma companies offer direct or indirect advantages to doctors (gifts and entertainment, sponsored foreign trips, hospitality and other benefits) in exchange of increase in drug-sales.

“The low-value brand reminders don’t work, pharmaceutical companies pump in huge money to establish a brand and we have seen companies spend enormous amounts in sales promotion to influence doctors to generate maximum prescriptions and increase drug sales,” he added.

A petition has been filed by the Federation of Medical and Sales Representatives’ Association of India and Guha in the apex court demanding the formulation of a statutory marketing code for the promotion of medicines in the country.

Also read: 'Baseless, exaggerated figure': Dolo 650 makers on allegation of distributing freebies worth Rs 1,000 crore

After the matter reached SC, the Union health ministry in September constituted a high-level committee to address the issue of pharmaceutical companies giving inducements for promoting their drugs and products.

The Centre, however, has defended the Universal Code of Pharmaceutical Marketing Practices (UCPMP) in the SC, saying the existing framework of the pharma industry’s promotional practices works adequately, as per the provisions of the code.

In a submission to the Supreme Court, N Yuvaraj, Joint Secretary, Department of Pharmaceuticals, cited the Indian Pharmaceutical Alliance’s investigation report clearing Dolo-650 maker Micro Labs of allegations of bribing doctors with freebies worth Rs 1,000 crore in one year to promote its popular antipyretic.