Authority: Supreme Court of India, Civil Original Jurisdiction

Order Date: October 8, 2026

Case Overview

  • Petitioners: Federation of Medical & Sales Representatives Association of India (a trade union), its Secretary, and the National Coordinator of Jan Swasthya Abhiyan, invoking Article 32 to enforce the right to health under Article 21.
  • Respondents: Union of India and associated ministries.
  • Allegations: Widespread unethical marketing by pharmaceutical companies—including monetary benefits, gifts, hospitality, sponsored travel, and entertainment—to influence doctors’ prescribing, leading to higher patient costs, adverse drug reactions, irrational drug use, and antimicrobial resistance.
  • Claim of regulatory gap: The Uniform Code for Pharmaceutical Marketing Practices, 2015 (UCPMP‑2015) is voluntary and lacks statutory enforcement, monitoring, transparency, and penalties.
  • Relief sought: Statutory force to UCPMP‑2015 or interim Court‑issued guidelines to control unethical marketing.
  • Procedural history: Court notice issued on March 11, 2022; multiple adjournments; senior counsel submissions; Solicitor General’s involvement; prior High‑Level Committee (Sept 2022) with no concrete outcome.
  • Affidavits filed by Ministry of Chemicals and Fertilizers (Dept. of Pharmaceuticals) and Ministry of Health & Family Welfare detail inter‑departmental deliberations and propose constituting a three‑member Committee; existing UCPMP‑2024 to continue pending.
  • Existing professional misconduct framework for doctors cited (Indian Medical Council Regulations, 2002) with penalties for violations.

Final Outcome

  • A. Union of India must constitute the proposed three‑member Committee within two weeks of the order.
  • B. Committee to conduct a holistic examination of unethical pharmaceutical marketing practices, assess current statutory and regulatory mechanisms, and identify measures for greater transparency, accountability, and enforcement.
  • C. Committee to consider material already placed before the Court and provide petitioners, intervenors, and other stakeholders a reasonable opportunity to submit views and suggestions.
  • D. After comprehensive consideration, Committee to recommend to the Union an appropriate regulatory and/or statutory framework for governing pharmaceutical marketing practices.
  • E. Committee may seek technical and domain‑expert assistance as needed.
  • F. Committee to complete its work and submit recommendations within two months of its first meeting.
  • G. Union of India to file a compliance affidavit detailing the Committee’s constitution, first meeting date, consultative process, progress, the Committee’s recommendations, and the Government’s subsequent decision, within two weeks after the Committee’s deadline.
  • The matter is listed for hearing on January 29, 2027, to consider the compliance affidavit.

Topics: Pharmaceutical Marketing Regulation, Public Health, Legal Directive