Pharmaceutical Freebies and Medical Ethics: Should India Enact a Binding Statutory Framework to Regulate Pharmaceutical Marketing?
DOI:
https://doi.org/10.5281/zenodo.23308824Trefwoorden:
Pharmaceutical marketing, Medical ethics, Uniform Code of Pharmaceutical Marketing Practices, Health Law, Medical LawSamenvatting
Indian doctors have been barred from accepting gifts, hospitality and cash from pharmaceutical companies since 2009, and companies are subject to a marketing code revised in March 2024. Yet no statute directly prohibits the inducement itself. This article asks whether India should enact a binding statutory framework to regulate pharmaceutical marketing. Using doctrinal and comparative analysis, supported by the medical-ethics and health-policy literature, it examines the professional regulations, the Uniform Code of Pharmaceutical Marketing Practices 2024, the Supreme Court’s decision in Apex Laboratories (2022) and the pending petition in which the Court, on 8 October 2026, directed the Union government to constitute a committee on the question. The article argues that the current arrangements leave five gaps: no statutory prohibition on inducements, weak sanctions, fragmented enforcement, no public register of payments and easy circumvention through indirect channels. It contends that a statute is constitutionally secure under Articles 21 and 19 and is workable in light of experience in the United States, France, the European Union and the United Kingdom. Its contribution is a design for a narrow, proportionate law built on prohibitions with defined exceptions, a searchable payments register, layered enforcement with credible sanctions and complementary reform of medical education funding.
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