The first order under the Centre’s updated Uniform Code for Pharmaceutical Marketing Practices (2024) has the Department of Pharmaceuticals (DoP) and a pharma industry organisation taking divergent views on an alleged violation by Abbvie Healthcare India Private Ltd.

The Apex Committee for Pharma Marketing Practices found Abbvie in breach of the UCPMP, by sponsoring foreign vacations to Monaco and Paris of about 30 healthcare practitioners (HCP), it said in an order.

The Committee “reprimanded” the multinational drugmaker for unethical marketing practices, the Order said, after having gone into details raised by an anonymous complaint and taking into account details provided by Abbvie. The complaint was that “Abbvie provided travel tickets and hotel accommodations for extravagant pleasure trips under the guise of conferences (Aesthetics & Anti-Aging Medicine World Congress 2024),” in February and March 2024. The doctors were linked with products Botox and Juvederm, the Order said.

“Exactly the opposite”

The complaint was forwarded to the ethics committee of the Organisation of Pharmaceutical Producers of India (OPPI), that largely represents multinational drugmakers. Simultaneously, the DoP also constituted a Special Audit Committee with its officers to examine the authenticity of the allegations. While OPPI saw no irregularities in Abbvie’s sponsorship of 30 HCPs to foreign destinations “(thus exonerating them), the conclusions drawn by the Special Audit committee are exactly the opposite,” the Order said.

The Apex Committee further requested the Central Board of Direct Taxes to evaluate the tax liability of Abbvie and the 30 HCPs , under the Income Tax Act. The Committee also requested the National Medical Council to take action against the HCPs, in line with the Indian Medical Council (Professional Conduct, Etiquette and Ethics) Regulations of 2002. The total amount spent on the HCPs was INR 1,91, 24, 99 1 (One crore ninety-one lakh twenty four thousand nine hundred ninety-one rupees).

OPPI clarified, “in the absence of any specific provision on industry engagement with HCPs in their professional capacity in UCPMP 2014, …. the provisions of the Medical Council of India Code, 2002 (MCI Code) would become applicable. … the MCI Code allows a doctor to work for pharmaceutical and allied healthcare industry in a wide variety of capacities viz. advisory capacities, as consultants, as researchers, as treating doctors, or in any other professional capacity.”

The allegations involving the two conferences, were “governed by UCPMP 2014, and not UCPMP 2024, which was notified on March 12, 2024,” the OPPI spokesperson said.

2014 or 24?

Addressing this clarification, the Order said, “Both the 2014 and 2024 codes are grounded in the shared principle: they forbid pharmaceutical companies from offering ‘Travel and Hospitality,‘ to any healthcare professional.”

On Abbvie’s claim that it had professional service agreements with these HCPs , the Order said, “There seems to be no justifiable reason for 30 healthcare professionals to journey abroad to Monaco and Paris for this purpose, nor can any prudent person overlook the conclusion that such preferential treatment or largesse towards HCPs will not aid in promotion of M/ s AbbVie’s products, regardless of the terms of the Agreement(s). This arrangement seriously undermines the scope and intent of UCPMP 2014 and UCPMP 2024 and fractures the tenet of public good that is sought to be achieved through these Codes.”