New Delhi: The Department of Pharmaceuticals (DoP) has directed the National Medical Commission (NMC) to take action against 30 healthcare professionals involved in medical aesthetics and anti-aging products, such as Botox and Juvederm, for violating the Indian Medical Council (Professional Conduct, Etiquette, and Ethics) Regulations, 2002.
Alleged Violations
The allegations stem from a complaint received in May 2024, which included supporting documents outlining unethical marketing practices by AbbVie Healthcare India Private Ltd., a subsidiary of AbbVie Inc. The complaint accused the company of breaching the Uniform Code for Pharmaceutical Marketing Practices (UCPMP) by providing extravagant travel packages to healthcare professionals. These professionals attended an aesthetics and anti-aging conference in Monaco and Paris in early 2024.
Regulatory Violations
The 2002 Medical Council Regulations explicitly prohibit healthcare practitioners from accepting any form of travel facility—be it rail, air, or cruise tickets, paid vacations, or accommodations—from pharmaceutical companies or their representatives for personal or professional purposes such as attending conferences, seminars, or workshops.
An audit by the DoP revealed that AbbVie had provided luxurious travel tickets and hotel accommodations to 30 healthcare professionals, covering travel to Monaco and Paris under the pretext of the Aesthetics and Anti-Aging Medicine World Congress 2024. The total expenditure for these trips amounted to Rs 1.91 lakh, violating the UCPMP rules.
UCPMP Breach
According to UCPMP 2024, companies or their representatives are prohibited from offering travel facilities to healthcare professionals or their families for attending any event unless the individual is a speaker at the event. Paragraph 8.2 of the code also states that no gifts, monetary or otherwise, should be offered to healthcare professionals or their families. The code aims to prevent undue influence over medical professionals through corporate incentives.
Action and Consequences
Following the audit findings, the DoP has reprimanded AbbVie for its breach of UCPMP 2014 and 2024. The Ethics Committee for Pharma Marketing Practices (ECPM), part of the Organisation of Pharmaceutical Producers of India (OPPI), was also involved in assessing the matter.
The central board of direct taxes (CBDT) has been asked to investigate the tax implications of these transactions, with a view to determining the tax liabilities of both AbbVie and the 30 healthcare professionals. The DoP has instructed that action be taken under the Income Tax Act, 1961, for any potential tax violations related to these expenses.
Conclusion
This development marks a significant step in holding pharmaceutical companies and healthcare professionals accountable for unethical practices that undermine the integrity of the medical profession. The DoP’s directive serves as a warning against such violations and stresses the importance of adhering to ethical standards in the healthcare and pharmaceutical industries.
