The department of pharmaceuticals (DoP) has come out with a new set of stringent marketing code for the pharma companies. The new code – known as Uniform Code for Pharmaceutical Marketing Practices (UCPMP) 2024 – is “mandatory” and would replace the previous one that was “voluntary” in nature, official sources said. However, experts said that even though the new code clearly defines do and donts, its effectiveness still remains doubtful on the ground. They also pointed out that it is unclear if the code is compulsory in nature.
“The code is definitely stringent but the problem is much deeper. The pharmaceutical market is highly competitive. No company wants to lose market share. I believe the companies will find loopholes as it’s already evident that they don’t want to follow the global international practices,” said Anita Shantaram, founder of EthicsIndia adding that nearly 7 out of 10 Indian doctors take favours from pharma companies. She also noted that large sections of doctors have “become used to taking gifts.”
However, pharma associations said that companies were already following the UCPMP but there was a lack of clarity on certain issues which has been cleared by the new code. “The code aims to streamline the marketing practices and remove ambiguities. The companies have changed a lot of their practices when UCPMP 2015 came into being,” said Viranchi Shah, national president, Indian Drug Manufacturer’s Association (IDMA).
Experts said that doctors seeking favour from pharma companies prescribe branded medicines where the margins are higher. In most cases, the cost of these ‘unethical’ marketing spends adds about 10-20% to the overall price of the medicine. “They might not be able to send doctors on international trips but they can always pay for the upkeep of the clinics. The influence of pharma companies is not going away anytime soon,” said head of a healthcare advocacy group.
In mid-March, DoP introduced UCPMP 2024 based on the recommendations of an expert committee set up under V K Paul, member, NITI Aayog. It covers all aspects of the relationship between companies and healthcare professionals. While UCPMP permits brand reminders, books, diaries, journals, and dummy device models; it prohibits companies and agents from offering gifts to the doctors for personal benefit, and taking them to foreign locations for continuing medical education, conference, workshop, etc.
The code gives powers to medical associations to suspend the erring entities from association, and take other remedial actions. The code also introduces a new appeal mechanism allowing companies to file an appeal with a committee headed by the secretary at DoP.
