After getting Rs 1000 Cr freebies, doctors prescribed DOLO 650 mg to benefit pharma companies, SC told

New Delhi: Doctors were distributed  Rs 1000 Crore freebies to prescribe 650 mg dose of DOLO tablets to benefit pharma companies, according to a shocking claim by Federation of Medical & Sales Representatives Association of India (FMRAI).

The charges against the pharma companies have been levelled by the Central Board for Direct Taxes, the Federation informed the Supreme Court, LiveLaw reported.

It may be pointed out that DOLO 650 mg, a fever controlling drug, was widely prescribed by doctors during the Covid pandemic.

Senior Advocate, Sanjay Parikh appearing on behalf of FMRAI, claimed in the the court the market price of DOLO up to 500mg is regulated, but the dosage beyond 500 mg can be priced as desired by the manufacturer. Therefore to ensure higher profits, the doctors  were given freebies to prescribe a dosage of 650mg, which Mr. Parikh described as an “irrational dose combination”, the LiveLaw report said.

These submissions were made before the Bench, comprising Justices D.Y. Chandrachud and A.S. Bopanna on Thursday. The judges were hearing a plea seeking direction to Centre to give the Uniform Code of Pharmaceutical Marketing Practices (Code) statutory basis and make it effective by ensuring monitoring mechanism, transparency, accountability.

The apex court has  granted time to the Union Government to file its counter and also to the petitioner to file its rejoinder.

Justice Chandrachud said that it is a serious issue and even he was prescribed the same during Covid and said, “I was also asked to have the same when I had Covid.” He added, “This is a serious issue and matter.”

The bench, also comprising justice A.S. Bopanna, asked Additional Solicitor General K.M. Natraj, representing the Centre, to file a reply within 10 days.

The apex court was hearing a PIL seeking directions to make pharmaceutical companies liable for giving freebies to doctors as incentive to prescribe their drugs.

The plea said: “Petitioners seek enforcement of the fundamental right to health enshrined in the Right to Life under Article 21 of the Constitution of India in view of the ever-increasing instances of unethical marketing practices by Pharmaceutical Companies in their dealings with healthcare professionals resulting in prescription of excessive and/or irrational drugs and a push for high-cost and/or over-priced brands, which are practices that directly affect citizens’ health, violating their rights under Article 21 of Constitution.”

(with Agencies inputs)

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