Article:
Pharmaceutical companies are often in the limelight, particularly regarding their marketing strategies. A recent incident involving Dolo-650 tablet’s manufacturers accused of spending a whopping Rs 1,000 crore on freebies to promote their medicine among doctors has thrust the issue into the limelight once again. This case emphasizes the need for making the Uniform Code for Pharmaceutical Marketing Practices (UCPMP) a legally enforceable code of ethics.
The Prevalence of Freebies in Drug Marketing
Promotional gifts or ‘freebies’ have become an integral part of the pharmaceutical marketing strategy. Companies often provide doctors with incentives such as complimentary dinners and drug samples to promotional merchandise. Furthermore, companies also organize accommodations in luxurious five-star hotels and local sightseeing during conferences held by doctors. However, this has led to a controversial debate regarding ethical marketing practices in the sector.
The Stance of Pharmaceutical Companies
Pharmaceutical firms argue that offering branded souvenirs like pen stands, calendars, diaries or sanitizers to doctors merely serves as a marketing strategy. These gifts aim to keep their brands at the forefront of doctors’ minds without necessarily guaranteeing a prescription for their drugs. The gifts’ values are often insignificant, mostly below Rs 500, and hence, should not be viewed as bribes.
Views of the All India Drug Action Network
According to the All India Drug Action Network, ethical marketing practices need to be included within the ambit of the new Drugs, Medical Devices, and Cosmetics Act. They argue that many pharmaceutical companies pay exorbitant fees to doctors to lead clinical trials or be part of committees, which is grossly unethical.
Understanding Uniform Code for Pharmaceutical Marketing Practices (UCPMP)
UCPMP is a set of guidelines introduced by the Central Government in 2014 to regulate the marketing and promotion of drugs and medical devices. The code addresses various marketing aspects like reps, textual and audio-visual promotional materials, gifts, samples and more. However, it is vital to note that these guidelines are voluntary and not legally enforceable.
UCPMP: Key Provisions
The UCPMP guidelines prohibit companies from extending any hospitality to healthcare practitioners and their family members. Companies should not promote a drug without prior marketing approval. All promotional activities should comply with the terms of marketing approval. Also, pharmaceutical companies mustn’t offer gifts or monetary benefits to persons entitled to prescribe or supply drugs.
Way Forward
Stringent actions should be undertaken against companies found guilty of promoting their drug brands unethically. The provision includes adopting practices mentioned in the Indian Penal Code for bribery and other unethical practices. To implement transparency, the government should make it mandatory for companies to disclose payments made directly or indirectly to doctors and professional bodies. Moreover, the UCPMP should become legally binding on pharmaceutical companies to ensure strict adherence. Currently, it falls upon pharma associations to enforce the existence of the voluntary code.
