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Gireesh Babu, New Delhi August 04 , 2025
The Department of Pharmaceuticals (DoP) has extended the time limit for the pharmaceutical companies to submit self-declaration in line with the procedures prescribed in the Uniform Code for Pharmaceutical Marketing Practices (UCPMP), 2024, for one more month.

As per the clause in the Code, a self-declaration has to be submitted by the executive head of the company within two months of the end of every financial year to the industry association for uploading on their website, or directly on the UCPMP portal of the DoP in case he is not a member of such a body, or a member of more than one such bodies.

The DoP, in a latest circular to the four major industry associations - Indian Pharmaceutical Alliance (IP Alliance), Organisation of Pharmaceutical Producers of India (OPPI), Indian Drug Manufacturers Association (IDMA), and Federation of Indian Chambers of Commerce and Industry (FICCI), said that it is further extending the time for submission of the self-declaration and disclosure of marketing expenditure under the Code, for the financial year ended 2024-25.

As per the circular, the further extension of the timeline is one more month, beyond the existing timeline of July 31, and till August 31, 2025.

"The addressees are requested to appropriately notify their respective members in this regard," it added.

The format prescribes the executive head of the company that the official undertakes to comply with the provisions of the UCPMP 2024 and extend all required assistance to authorities for the enforcement of the Code.

It may be noted that the DoP issued the new UCPMP 2024, in the first half of March, 2024, permitting pharma companies to provide brand reminders such as informational and education items and free samples to medical professionals with restrictions on sample packs and total value.

The brand reminders, expenditure on continuing medical education and on research projects are subject to the relevant provisions of the Income Tax Act, 1961, says the Code which is for strict compliance by the members of all industry organisations. It has also mandated a fee of Rs. 1,000 to be remitted by the complainant while making a complaint against a company alleging violation of the Code.

Under the Code, which was revised almost nine years after the implementation of the first Code, all industry associations were directed to constitute an Ethics Committee for Pharmaceutical Marketing Practices (ECPMP), set up a dedicated UCPMP portal on their website, and take further necessary steps towards implementation of the Code. The provisions of the Code, unless exempted or modified by standing orders, will also apply to medical devices and entities manufacturing or dealing with the sale and distribution of such products.

Pharma and medical devices companies should not provide gifts or pecuniary advantage or benefits to healthcare professionals and should not extend travel facilities, or hospitality unless the person is a speaker for a CME or a CPD programme.

The new Code was introduced after the Federation of Medical and Sales Representatives’ Associations of India (FMRAI), the apex body of medical and sales representatives organisations in the country with around 1.25 lakh members, approached the Supreme Court alleging that there are freebies and gifts provided to the medical practitioners by the pharma industry in return to promotion of their brands.

Following the establishment of the new Code, the Apex Committee for Pharma Marketing Practices under the DoP has reprimanded AbbVie Healthcare India, the Indian arm of global biopharma major AbbVie Inc., for unethical marketing practices sponsoring foreign vacations to Monaco and Paris for 30 healthcare professionals (HCPs) in violation of the UCPMP.

It has also requested the Central Board of Direct Taxes (CBDT) to evaluate the tax liability of the company along with the 30 HCPs and take action in accordance with the provisions of the Income Tax Act, 1961 and the related circulars.

The FMRAI later alleged that the new Code remains toothless and statutorily unbinding, since the DoP can identify, investigate and establish that wrongdoings exist, but only 'reprimand'.

"In this case the DoP has urged the CBDT (Central Board of Direct Taxes) to file a tax evasion case against the company in question. The real issue of bribery remains unpunished," it alleged in an article in its newsletter for the month of June, 2025.

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