New Delhi: The Department of Pharmaceutical (DoP) has asked the National Medical Commission (NMC) to act against 30 healthcare professionals connected to medical aesthetics and anti-ageing products (Botox and Juvederm) for violating Indian Medical Council (Professional, Conduct, Etiquette and Ethics) Regulations, 2002.
Under the regulations, a medical practitioner shall not accept any travel facility inside the country or outside, including rail, air, ship, cruise tickets, paid vacations etc. from any pharmaceutical or allied healthcare industry or their representatives for self and family members for vacationing or for attending conferences, seminars, workshops, CME programme etc as a delegate.
An audit by the department found that healthcare professionals received extravagant pleasure trips in Monaco and Paris from M/s AbbVie Healthcare India Private Ltd.
An anonymous complaint was received by the department in May accompanied by documents supporting the claims, concerning unethical marketing practices related to AbbVie Inc.’s subsidiary AbbVie Healthcare India Private Ltd (AbbVie), alleging a breach of the Uniform Code for Pharmaceutical Marketing Practices (UCPMP).
The complaint outlined that AbbVie provided travel tickets and hotel accommodation under the guise of conferences (Aesthetics and Anti-Aging Medicine World Congress 2024) which took place from February 1 to 3, 2024 and from March 26-29, 2024 in Monaco and Paris for 30 doctors connected to the medical aesthetics and anti-ageing products.
Despite the anonymity of the complaint, the allegations against the company were serious and explicitly contravened the schema of the UCPMP. The department forwarded the complaint to the Ethics Committee For Pharma Marketing Practices (ECPM), set up by the Organisations of Pharmaceutical Producers of India (OPPI) as relevant in the case of AbbVie, to take appropriate action. The DoP also decided to conduct a special audit of the firm, necessitated by the seriousness of the allegations.
The special audit found AbbVie was in breach of UCPMP 2014 and UCPMP 2024. "The total expenditure for 24 doctors travelling to Paris and six doctors to Monaco amounted to Rs 1.91 lakh for travel tickets and hotel accommodation, which was an explicit contravention of the codal provision," the DoP letter, in possession of ETV Bharat, states.
According to paragraph 8.2 of UCPMP 2024, "Companies or their representatives, or any person acting on their behalf, should not extend travel facilities inside or outside the country, including rail, air, ship, cruise tickets, paid vacations etc. to healthcare professionals or their family members (both immediate and extended) for attending conferences, seminars, workshops etc. unless the person is a speaker for a CME or a CPD Program."
Paragraph 8.1 states no gift should be offered or provided for the personal benefit of any healthcare professional or family member (both immediate and extended) by any pharmaceutical company or its agent i.e. distributors, wholesalers, retailers etc. Similarly, no pecuniary advantage or benefit in kind may be offered, supplied or promised to any person qualified to prescribe or supply drugs by any pharmaceutical company or its agents.
"Upon perusal of the facts and after hearing AbbVie at length, the apex committee thinks that the pharma company violated the provisions of the Uniform Code For Pharmaceutical Marketing Practices by sponsoring foreign vacations to Monaco and Paris for 30 HCPs in violation of the codal provision," the letter stated.
Accordingly, the apex committee reprimands AbbVie for unethical marketing practices. "The central board of direct taxes (CBDT) is requested to evaluate the tax liability of AbbVie along with 30 HCPs and take action in accordance with the provision of the Income Tax Act, 1961," the letter stated.
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