On March 12, 2024, the Department of Pharmaceuticals (DoP) of the Government of India notified the new Uniform Code for Pharmaceutical Marketing Practices (UCPMP) 2024.

Having gone through the details, many construe that aiming to finally clean up pharmaceutical marketing practices in India, as demanded by many stakeholders – including the Supreme Court of India, the new one released by the DoP in March 2024 still appears to be a ‘work in progress.’ One therefore, wonders whether UCPMP 2024 is a step forward or status quo in establishing desirable standards for pharma business ethics in India.

In this article, let me dwell on this issue, highlighting examples of some key points in this regard.

Some key points to take note of:

There are several key points to take note of some examples, which will include:

• Unlike its predecessor, the 2024 UCPMP removes the word “voluntary” but doesn’t explicitly make the code mandatory. It requests industry associations to implement the code.
• The code doesn’t explicitly prescribe penalties for pharmaceutical companies beyond removal from industry associations (if they are members).
• Doctors who violate ethical codes can face license suspension and fines under the National Medical Commission (NMC) guidelines. However, the NMC’s stricter 2023 code revisions were put on hold due to industry pressure.

Thus, several issues, including the following, need to be answered, beyond any ambiguity whatsoever. That said, let me start with how the UCPMP 2024 brings both opportunities and challenges for Indian drug companies, and then we will try to fathom whether the new code as it presents today will prove to be a game changer to improve the quality of ethical standards, especially, in Indian pharmaceutical marketing. 

UCPMP 2024 – some key challenges for drug companies:

A.  Marketing Revamp:  The new UCPMP demands a complete overhaul of marketing practices and strategies. Companies need to find new, compliant ways to educate doctors about their products, likely focusing on:

• Scientific Data and Value Proposition: Stronger clinical trial data and highlighting a drug’s actual benefits will be crucial.
• Transparency and Credibility: Building trust with doctors through clear, accurate information and high-quality educational materials is essential.

B.  Salesforce Transformation: Medical representatives, previously reliant on personal connections, now need expertise in:

• Scientific Communication: Effectively engaging doctors with the science behind the drug.
• Product Knowledge: Deep understanding of the drugs they are promoting.
• Potential Sales Slump: Stricter marketing might lead to a decline in sales, particularly for established brands that rely heavily on promotion. Companies need to adapt their sales strategies to address this.

Effectively navigating these challenges requires significant investments in:

• R&D: Stronger focus on research and development to create innovative drugs with a clear value proposition.

• Data-Driven Marketing: Utilizing data science to understand doctor needs and target marketing efforts effectively.

• Salesforce Training: Upskilling representatives in scientific communication and product knowledge.

By adapting their approach, Indian drug companies can leverage UCPMP as an opportunity to move towards a model focused on the quality and scientific merit of their products.

UCPMP 2024 – some key opportunities for drug companies:

The UCPMP 2024, while presenting challenges, also offers some key opportunities for Indian drug companies to thrive:

• Level Playing Field: The ban on gifts and incentives removes an unfair advantage for larger companies. This allows smaller or generic drug companies to compete based on the merits and affordability of their products.
• Focus on Innovation: With less emphasis on promotion, companies may be incentivized to invest more in R&D, leading to the development of new, innovative drugs with stronger scientific backing.
• Building Brand Trust: Transparency and accurate information mandated by UCPMP can help companies build trust with doctors and patients alike. This strong reputation can be a valuable asset in the long run.
• Data-Driven Marketing: The shift towards data-driven marketing allows for targeted communication based on doctor needs and preferences. This can be more cost-effective and lead to better engagement with healthcare professionals.
• Focus on Patient Education: UCPMP encourages companies to provide clear information directly to patients. This can empower patients to make informed decisions about their healthcare and potentially increase the demand for effective medication.

By capitalizing on these opportunities, Indian drug companies can:

• Differentiate themselves: By focusing on innovation and patient-centricity, they can carve out a niche in the market.
• Building long-term value: Investing in R&D and building trust with doctors can lead to sustainable growth and brand loyalty.
• Becoming more competitive globally: A focus on innovation and scientific merit can help Indian companies compete effectively in the international pharmaceutical market.

Interestingly, the UCPMP presents a chance for Indian drug companies to move away from an outdated marketing model and embrace a more ethical and sustainable approach. By focusing on innovation, data-driven marketing, and building trust, they can seize this opportunity to become leaders in the global pharmaceutical industry.

Is UCPMP 2024 a game changer or a false dawn?

Having said all this, the question still remains whether UCPMP 2024 is a game changer or a false dawn. I reckon, while aiming to curb unethical practices in the pharmaceutical industry, questions linger about its effectiveness. Let’s delve into both sides of the argument:

A Game Changer:

• Stronger Stance: The removal of “voluntary” from the code suggests a stricter approach compared to its predecessor.
• Focus on Transparency: Provisions like mandatory expenditure disclosure for conferences organized by pharma companies could increase transparency.
• Addressing Travel & Hospitality: Discouraging pharma-funded travel and hospitality for doctors might reduce undue influence.
• Potential for Improved Ethics: A well-enforced UCPMP could lead to a more ethical environment where marketing focuses on the merits of drugs rather than lavish incentives.

False Dawn:

• Missing Teeth: The lack of clear penalties beyond industry association removal for pharma companies raises concerns about enforcement.
• Rollback of NMC Code: The NMC’s stricter code for doctors with potential financial penalties was rolled back due to industry pressure. This weakens the overall impact.
• Ambiguity on Non-Member Companies: The code’s effectiveness might be limited if pharmaceutical companies outside industry associations are not held accountable.
• Uncertain Implementation: The success of UCPMP hinges on robust implementation and a clear mechanism to address violations.

Conclusion:

From the above perspective, the true impact of UCPMP 2024 remains to be seen. While it has positive intentions, its effectiveness depends on stricter enforcement mechanisms, penalizing violations, and ensuring all companies are held accountable. Only time will tell if UCPMP 2024 ushers in a new era of ethical practices or remains a symbolic but unenforced reform.

By: Tapan J. Ray

Disclaimer: The views/opinions expressed in this article are entirely my own, written in my individual and personal capacity. I do not represent any other person or organization for this opinion.