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The Supreme Court on Monday has sought Central Government's response on plea seeking establishment of Statutory Code of ethical marketing for the pharmaceutical industry with provisions for penal actions against violators.
A bench of Justice DY Chandrachud and Justice Surya Kant issued notice and listed the matter for further hearing after 8 weeks.
The bench was hearing a plea filed by Federation of Medical & Sales Representatives Association of India (FMRAI) has sought direction for the Central Government to find solutions to control unethical practice.
The petition has been filed in view of "the ever-increasing instances of unethical marketing practices by Pharmaceutical Companies in their dealings with healthcare professionals resulting in the prescription of excessive and/or irrational drugs and a push for high-cost and/or over-priced brands, which are practices that directly affect citizens' health, violating their rights under Article 21 of Constitution."
It has also stated that "Given the highly pernicious influence and power of the pharmaceutical industry over medicines, which are a social good because of their significance for individual lives, not only the production, sale and distribution of medicines but also the marketing thereof, including both direct advertising and indirect promotion, become important public issues."
Cause Title: Federation Of Medical And Sales Representatives Associations Of India And Ors. Versus Union Of India And Ors.
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