The Small and Medium Pharma Manufacturers’ Association in Kerala has expressed concern over the new Uniform Code of Pharmaceuticals Marketing Practices (UCPMP) implemented by the Department of Pharmaceuticals (DoP) from January this year alleging that the new law will adversely affect the pharma SME units in the country.

ADV Nambudiri, chairman of the Association said though there are thousands of pharma companies in the country, majority of them are small scale units and the present order of the DoP will have negative impact on these manufacturers. He said strict implementation of the Code of practices will pave the way for shortage of medicines in future. The association has approached the DoP, CDSCO and the Union health ministry to review the marketing codes.

On the advice of the Directorate of Health Services, the DoP issued a Uniform Code of Pharmaceuticals Marketing Practices  on the 12th of December last year to be effective from January this year.

According to sources from CDSCO, the government of India issued the order with a view to control unethical marketing practices and prescription drug promotions prevailed in the pharma marketing field in the country.

The department felt the need of introducing regulatory measures in the interest of the consumers/patients and assumed that the promotional expenses extended to doctors would  have direct implications on the pricing of the drugs and their affordability.  Sources said this is the second time the department is trying to implement controlling measures for pharma marketing, the first attempt was made in the year 2008-2009, when it could not be implemented because of strong objections from various pharma associations.

When contacted, sources from Kerala drugs control department said, the UCPMP has been finalized by the Department of Pharmaceuticals after receiving inputs from various stakeholders, and it would be reviewed after six months of its implementation from January 1 this year. They said this is a major step towards controlling unethical marketing practices and prescription drug promotions done by a certain pharmaceutical companies and the state drugs control department will step up its surveillance mechanisms throughout the state.

As per the uniform code, the manufacturing companies should not offer any kind of gifts or pecuniary advantages to persons qualified to prescribe or supply drugs. The companies should also control their agents, associating distributors, wholesalers and retailers from gifting such freebies to doctors. The Code also bans gifts for the personal benefit of healthcare professionals and family members, extended such as tickets to entertainment events, foreign trips etc.

Further, the Code mandates that free samples of drugs should not be supplied to any person who is not qualified to prescribe such products. If samples of products are distributed by a medical representative, the samples must be handed over directly to a person qualified to prescribe such product or to a person authorised to receive the samples on their behalf.