
On Thursday, a bench of Justices Vikram Nath and Sandeep Mehta told the Centre that it must form a committee to recommend statutory regulations that curb the rampant use of ‘freebies’ by pharmaceutical companies to sway doctors. The directive follows a petition filed by the Federation of Medical and Sales Representatives Association of India, which demanded criminal liability for companies that distribute gifts, travel packages or cash to influence prescription habits.
The petition cites the 2024 Uniform Code of Pharmaceutical Marketing Practices (UCPMP) as a moral guideline that lacks enforceable penalties. It also references the landmark Apex Laboratories ruling that barred tax deductions for extravagant gifts, highlighting the court’s insistence on stronger enforcement.
In response, the Solicitor General, Tushar Mehta, announced that a three‑member panel would be convened and tasked with proposing a statutory framework. The panel will consider suggestions from the medical community, industry stakeholders and consumer rights groups, and is expected to file its report by 29 July 2026, two months after the court’s initial hearing.
Until the committee’s recommendations are submitted, the UCPMP will remain the governing code, but the Supreme Court has made clear that it will not accept the status quo. The next hearing is scheduled for 29 January 2026, when the Centre must present a compliance affidavit and explain how it will implement the forthcoming guidelines.