I was also asked to have same (medicine) when I had Covid, this is a serious matter, says Justice Chandrachud; Medical sales representatives’ body seeks statutory backing to marketing practices
In a sensational revelation, the Federation of Medical & Sales Representatives Association of India on Thursday told the Supreme Court that the Central Board for Direct Taxes has accused makers of the Dolo-650 tablets of distributing freebies worth Rs 1,000 crore to doctors as consideration for prescribing the tablet for Covid related treatments.
Justice DY Chandrachud, who was heading the bench also comprising Justice AS Bopanna, said it is a serious issue and even he was prescribed the same during Covid.
“This is not music to my ears. I was also asked to have the same when I had Covid. This is a serious issue,” Justice Chandrachud remarked on the usage of Dolo-650 tablet, an anti-fever drug prescribed to patients.
The Central Government represented by Additional Solicitor General KM Natraj was directed to file a reply within 10 days. The Supreme Court was hearing a PIL seeking directions to make pharmaceutical companies liable for giving freebies to doctors as an incentive to prescribe their drugs.
Senior advocate Sanjay Parikh, appearing for the association of medical representatives, pointed out the example of the excessive sale and prescription of the drug Remdisivir during the Covid-19 pandemic.
The plea by the Federation of Medical & Sales Representatives Association of India sought direction to give statutory backing to the Uniform Code of Pharmaceutical Marketing Practices (UCPMP). There is currently no law or regulation that prohibits such practices in the absence of any statutory basis for the UCPMP, a voluntary set of rules for the sector, the petition said.
Pharmaceutical marketing practices is unregulated in India despite the country being a signatory to the UN Convention against corruption, said the petition.
This leads to a situation where the consumer pays a lot for branded medicines that is over-prescribed or irrationally prescribed by doctors in exchange for gifts, entertainment, hospitality and other advantages, it was contended.
The potency of such drugs and poisons pose a danger to the life and health of people even as doctors can be penalised for misconduct facilitated by the pharmaceutical companies that walk away scot-free, said the plea.