Authority: Supreme Court of India (Bench of Hon'ble Justices Vikram Nath & Sandeep Mehta)

Order Date: 08-10-2026

Case Overview

  • Petitioners: Federation of Medical and Sales Representatives Associations of India & others.
  • Respondents: Union of India & others.
  • The writ petition sought redress concerning unethical pharmaceutical marketing practices.
  • The matter was heard by a two‑judge bench of the Supreme Court.

Directions Issued

A. The Union of India shall constitute, within two weeks of this order, the Committee proposed by it to examine unethical pharmaceutical marketing practices.

B. The Committee shall conduct a holistic and comprehensive examination of all issues relating to unethical pharmaceutical marketing, including the adequacy of existing statutory and regulatory frameworks, the effectiveness of current monitoring, oversight and enforcement mechanisms, and the measures required to ensure greater transparency, accountability and effective compliance.

C. The Committee shall consider material already placed on record by the petitioners and intervenors, and shall afford them a reasonable opportunity to submit their views, suggestions and concerns; it shall also provide an appropriate opportunity to other stakeholders to place their representations.

D. After objectively considering all suggestions, representations and concerns, the Committee shall make recommendations to the Union of India regarding an appropriate regulatory and/or statutory framework for effectively regulating pharmaceutical marketing practices, with a view to ensuring transparency, accountability and effective enforcement.

E. The Committee may seek assistance from technical, professional and domain experts, institutions or bodies, and may obtain expert inputs necessary for a proper appreciation of regulatory, medical, pharmaceutical and related aspects.

F. The Committee shall complete the exercise in a time‑bound manner and submit its recommendations to the Union of India within two months from the date of its first meeting, after undertaking the consultative process and considering all material placed before it.

G. Upon receipt of the Committee’s recommendations, the Union of India shall consider them and take a reasoned decision at the earliest, keeping in view the constitutional mandate under Article 21 and the larger public interest in ensuring ethical, transparent and accountable pharmaceutical marketing practices.

24. The Union of India shall file a compliance affidavit before this Court, setting out the steps taken pursuant to the above directions, including the constitution of the Committee, the date of its first meeting, the consultative process undertaken, progress made, the Committee’s recommendations and the Union’s decision on those recommendations, together with any further measures proposed to strengthen the regulatory framework governing pharmaceutical marketing practices. The affidavit shall be filed within two weeks of the expiry of the period prescribed for the Committee’s completion of its exercise.

Final Outcome

  • The Union is mandated to constitute a Committee on unethical pharmaceutical marketing within two weeks, conduct a comprehensive review, and submit recommendations within two months of its first meeting.
  • The Union must subsequently file a compliance affidavit detailing the Committee’s formation, proceedings, recommendations and the Government’s response within two weeks after the Committee’s deadline.

Topics: Pharmaceutical Marketing, Regulatory Reform