The Supreme Court has asked the Central government to clarify whether the Uniform Code for Pharmaceutical Marketing Practices (UCPMP) 2024 is being effectively enforced. The query arose during the hearing of a petition filed by the Federation of Medical and Sales Representatives Association of India (FMRAI), which has long demanded that the Code be made legally binding on the pharmaceutical industry.

A division bench of Justices Vikram Nath and Sandeep Mehta noted that while the statutory framework exists, the real concern is whether it has genuine impact or is merely a “toothless tiger.” Solicitor General Tushar Mehta informed the Court that the UCPMP is in force but requested more time for its effects to become visible.

FMRAI originally approached the Supreme Court in 2021, arguing that persistent lobbying had failed to make the Code statutory. Although the Department of Pharmaceuticals (DoP) issued a revised Code in 2024, the Federation maintains that it remains non-binding and ineffective.

The matter gained prominence when the DoP’s Apex Committee for Pharma Marketing Practices reprimanded AbbVie Healthcare India for sponsoring luxury foreign trips for 30 healthcare professionals, in breach of the UCPMP. However, FMRAI argued that such actions highlight the Code’s limitations—while authorities can reprimand and refer matters to agencies such as the Central Board of Direct Taxes for possible tax evasion, the core issue of bribery remains unpunished.