Dolo-650 tablet 50 alleged to distribute freebies worth ₹1,000 crores to doctors as consideration for prescribing the tablet.

Case: Federation of Medical & Sales Representatives Association of India v. Union of India

Bench: Justice DY Chandrachud and Justice AS Bopanna

A body of medical representatives told the Top Court that the Central Board for Direct Taxes has accused makers of Dolo-650 tablet 50 of distributing freebies worth ₹1,000 crores to doctors as consideration for prescribing the tablet. Senior Advocate Sanjay Parikh, appearing for the Federation of Medical & Sales Representatives Association of India (FMRAI), said that DOLO had invested 1,000 core in freebies to have its anti-fever drug prescribed to patients.

In this present case PIL, the Pharmaceutical companies are being held accountable for giving freebies to doctors. FMRAI requested that the Uniform Code of Pharmaceutical Marketing Practices (UCPMP) be statutorily backed.

The petitioner pointed out the excessive sale of the drug Remdisivir during the 2019 pandemic as an example.

Advocate Aparna Bhat, appearing for the petitioner argued that pharmaceutical companies adhering to ethical marketing practices are essential as health is a part of the right to life. However, there is currently no law that prohibits such practices and therefore, in the absence of any statutory basis, there exists a voluntary set of rules for the sector.

Even though India is a signatory to the UN Convention against corruption, corruption in pharmaceutical marketing practices remains unregulated. Ultimately, consumers pay a lot for branded medicines that doctors overprescribe or irrationally prescribe in exchange for gifts, entertainment, hospitality, and other privileges.

The petitioner thus sought directions from the government to provide a monitoring mechanism, transparency, accountability, as well as consequences for violations, the petitioner requested that the UCPMP be given a statutory basis and become effective.

Simultaneously, the Petitioners urged the SC to issue such guidelines until the government takes some action.