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SC directs Centre to frame rules on pharma marketing practices

The Supreme Court has instructed the central government to establish a committee to develop statutory regulations governing pharmaceutical marketing, particularly regarding gifts and incentives provided to medical professionals.

LSN India · 8 October 2026

SC directs Centre to frame rules on pharma marketing practices

The Supreme Court has taken cognisance of concerns surrounding unethical marketing practices in the pharmaceutical industry, directing the Centre to constitute a dedicated committee tasked with formulating comprehensive statutory rules. The directive addresses the long-standing issue of gifts, incentives, and other inducements extended by drug manufacturers to doctors and medical practitioners, which has raised ethical and regulatory questions across the healthcare sector.

The court's intervention underscores the need for stricter oversight of marketing conduct within the pharmaceutical industry. Currently, the sector operates under various guidelines and codes of conduct, but the absence of statutory regulations has left enforcement mechanisms fragmented and inconsistent. The proposed framework is expected to establish clear standards and accountability measures for pharmaceutical companies engaged in promotional activities.

The committee, once constituted, will be responsible for examining existing regulations, identifying gaps, and recommending statutory measures to curtail unethical marketing practices. This includes scrutinising the nature and value of gifts, sponsorships, and financial incentives offered to healthcare professionals, which have been a subject of considerable debate within medical and regulatory circles.

The judicial directive reflects growing concerns about the influence of pharmaceutical marketing on medical practice and prescribing patterns. Regulatory bodies and medical associations have long advocated for stronger measures to ensure that marketing activities do not compromise professional integrity or influence clinical decision-making in ways that may not serve patient interests. The framing of statutory rules is expected to bring greater transparency and standardisation to pharmaceutical industry practices across India.