No Gifts: Government Introduces Strict Marketing Code for Medical Devices Sector
No Gifts: Government Introduces Strict Marketing Code for Medical Devices Sector
New rules prohibit gifts, hotel stays, and travel incentives for healthcare professionals to curb unethical practices.
In a bid to eliminate unethical practices within the medical devices industry, the Central government has introduced a new, stringent marketing code prohibiting companies from offering gifts, travel or hospitality to healthcare professionals. This code, notified by the Department of Pharmaceuticals (DoP), mandates the formation of ethics committees, disclosure of marketing expenses and a ban on product promotion before regulatory approval.
According to the new guidelines, medical device companies are no longer allowed to provide luxury travel or accommodation to healthcare professionals for conferences, seminars, or workshops. The rules explicitly prohibit companies from offering cash, monetary grants, gifts or personal benefits to healthcare professionals or their family members. Furthermore, hospitality perks, including hotel stays, expensive meals or resort accommodations, are also banned under the code.
The notification also mandates that all medical device associations form an Ethics Committee for Marketing Practices in Medical Devices (ECMPMD) and upload it to their websites. These committees will oversee complaints related to unethical marketing and will be linked to the Unified Code for Pharmaceuticals Marketing Practices (UCPMP) portal of the Department of Pharmaceuticals.
Additionally, medical device companies are required to disclose any expenses incurred on events such as conferences, workshops and seminars, as well as details related to the distribution of evaluation samples. The promotion of medical devices before they receive approval from the relevant regulatory authorities is now strictly prohibited. Moreover, the code states that the term “safe” or “safety” cannot be used without proper qualification and companies must not make definitive claims that their products have no adverse consequences.
The move is part of a broader government initiative to bring transparency and ethics into the medical sector. Earlier this year, a similar Uniform Code for Pharmaceuticals Marketing Practices (UCPMP) 2024 was introduced. The new rules come on the heels of a high-profile scandal in 2022, where pharmaceutical company Micro Labs was accused of distributing freebies worth Rs 1,000 crore to doctors to promote its Dolo-650 tablets during the COVID-19 pandemic—an allegation the company has denied.
By implementing this marketing code, the government aims to ensure that healthcare professionals make decisions based on the merit of medical devices rather than incentives provided by companies.
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