The Government has rolled out the Uniform Code for Pharmaceutical Marketing Practices (UCPMP) 2024. This initiative, spearheaded by the Ministry of Chemicals and Fertilizers, seeks to curb misleading promotional activities and ensure responsible marketing practices within the sector.
Some key features of UCPMP 2024 are:
Ethical promotion: The UCPMP mandates that drug promotion must adhere to stringent ethical criteria. It unequivocally prohibits pharma companies, agents, distributors, wholesalers, and retailers from offering or providing financial advantages or benefits in kind for the personal benefit of healthcare professionals or their families.
The code imposes limitations on the provision of travel facilities, including tickets for rail, air, ship, or cruise, and paid vacations to healthcare professionals or their families, except when the individual is engaged as a speaker at an event. Similarly, hospitality such as hotel stays and expensive cuisine is prohibited unless the healthcare professional is participating as a speaker, ensuring fair engagement practices within the industry.
Regulated claims and comparisons: Pharma companies are required to base claims about drug effectiveness on up-to-date evidence. Comparisons between drugs must be factual and fair, without disparaging competitors or their products.
Promotional materials, including mailings and journal advertisements, must be clearly identifiable and conform to standards of good taste. They should not mimic editorial content and must provide accurate information about the product.
Professional conduct of MRs: The code sets standards for medical representatives (MRs), prohibiting the use of inducements to gain access to healthcare professionals. Companies are held responsible for ensuring compliance of their employees with the code.
Brand reminders: Brand reminders, such as informational items and free samples, are permitted within specified limits. However, their distribution is strictly regulated to prevent undue influence on prescribing behaviour.
CMEs: Similarly, guidelines govern engagement with healthcare professionals for Continuing Medical Education (CME) activities. The framework for CME/CPD events prohibits foreign locations and authorises medical colleges, professional associations, research institutions, and pharma companies to organise them. Transparency is key, with companies disclosing event details and organisers transparently outlining selection processes. Compliance with the Income Tax Act 1961 is mandatory for all involved parties.
Complaint mechanism: Any violations of the code will be addressed by an Ethics Committee for Pharma Marketing Practices (ECPMP) established within each association to ensure accountability and oversight. The responsibility for adherence to the code resting on the Chief Executive Officer of pharma companies. Additionally, companies are mandated to submit annual self-declarations detailing their compliance with the regulations, promoting transparency and accountability within the industry.
Penalties for violations include suspension or expulsion from associations, reprimands, or corrective measures. An appellate authority is designated to review decisions and ensure fairness in enforcement.
The implementation of the UCPMP 2024 marks a significant milestone in India’s efforts to regulate pharma marketing practices.