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TOP 5 HEALTH LAWS AND POLICY UPDATES

Dear Readers, we are happy to share the most interesting legal and policy updates concerning health industry that we read today. We hope you enjoy reading it.

1. India’s Delhi high court granted ex-parte interim injunction to major manufacturer of toothpaste, directing social media platforms to take down the defamatory content pending further proceedings which is falsely claiming that Dant Kanti toothpaste causes cancer. The court found the claims prima facie malicious and unsubstantiated.
Source: short-url.org/1l8us

2. The High Court of Bombay has granted permanent injunction protecting registered mark ZERODOL against use of ZEKODOL-P for identical pharma products. Court found strong phonetic and visual similarity, holding confusion in medicines unacceptable. Defendant restrained and directed to pay directed to pay costs.
Source: short-url.org/1qgQf

3. The CDSCO is reportedly set to formally involve Quality Council of India-certified notified bodies in its drug regulatory audit framework to boost coverage and compliance monitoring, addressing capacity constraints in current inspections. The reform, aligned with global standards, would expand third-party audit participation alongside plans to grow internal scientific review teams.
Source: short-url.org/1qgQx

4. The Central Drugs Standard Control Organization will reportedly replace its existing SUGAM regulatory portal with a modern open-architecture digital platform, following approval by the Department of Expenditure. The new system aims to integrate the entire drug regulatory value chain, improve transparency and efficiency, and streamline licence, import/export and regulatory approval processes across India.
Source: short-url.org/1l8uE

5. The National Medical Commission has directed all medical colleges to integrate the HMIS of their attached hospitals with the Ayushman Bharat Digital Mission (ABDM-HMIS) portal within 15 days. Issued under UGMSR 2023 compliance, the move aims to enhance transparency, objective assessments and digital monitoring of medical education standards.
Source: short-url.org/1qgSQ

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TOP 5 HEALTH LAWS AND POLICY UPDATES

Dear Readers, we are happy to share the most interesting legal and policy updates concerning health industry that we read today. We hope you enjoy reading it.

1. The Maharashtra Medical Council is set to launch a portal to register homeopathy practitioners who hold a one-year “Certificate Course in Modern Pharmacology” (CCMP), per government directive. Doctors’ groups have opposed this by stating that this move undermines MBBS standards, risks public health, and have demanded the notification’s immediate withdrawal.
Source: short-url.org/1eGvx

2. A renowned hospital has launched a ‘Living Will Clinic’ to help terminally ill patients document their medical preferences when recovery is not possible. Patients can predefine interventions like ventilation, CPR, surgery or home-vs-hospital death, appoint a healthcare representative, during critical moments.
Source: short-url.org/1eFVl

3. Computer Emergency Response Team – India (CERT-In) has mandated annual cybersecurity audits for all MSMEs starting September 1, 2025. Key mandates include, establishing a minimum security baseline, reporting incidents within six hours, keeping 180-day system logs, conducting yearly vulnerability assessments, and providing regular employee cybersecurity training.
Source: short-url.org/1eFVu
Source: short-url.org/1a5Na

4. The Delhi government has decided to establish a special committee under the Health Department to suppress the sale of counterfeit medicines across the city. Four specialised teams will conduct midnight raids especially near hospitals and medical shops. Seized drugs will go through laboratory testing to confirm authenticity.
Source: short-url.org/1a5Gx

5. Drug Controller General of India has directed state authorities in Gujarat and Delhi to take action against drug marketers associated with manufacturers who failed risk based inspections. Labels in some cases listed marketers with invalid addresses. Actions may include cancelling licences, stopping production, suspending product permissions however, it may disrupt the medical supply.
Soruce: short-url.org/1aatp

Posted on

TOP 5 HEALTH LAWS AND POLICY UPDATES

Dear Readers, we are happy to share the most interesting legal and policy updates concerning health industry that we read today. we hope you enjoy reading it.

India’s Central Food Regulator (FSSAI) has published draft of the certificate required to be procured by importer of vegan food, from regulatory authority of exporting authority, in order to import vegan food into India. Objections may be submitted by 30th April 2025.
Source: bit.ly/4hbimbQ

2. Karnataka State Government is reportedly working on a Not of Standard Quality (NSQ) drug recall policy. In addition to recall, if a batch of medicines is found spurious or NSQ, the manufacturing and distribution license may get suspended until corrective actions are taken.
Source: bit.ly/4ioKGc0

3. India’s Environment Ministry (MoEFCC) has issued an SOP which clarifies that white-category industries can be exempted from obtaining consent to establish (CTE) only when they submit a self-declaration of compliance with applicable environmental laws. White category industries are least polluting industries.
Source: bit.ly/43mS433

4. India’s Central Pollution Control Board (CPCB) has discovered major non-compliances during audit of plastic packaging waste recyclers such as the absence of production capacity relative to Extended Producer Responsibility (EPR) certificates issued and the absence of GST invoices for sales transactions. Brand owners should not buy EPR certificates from such recyclers.
Source: bit.ly/43fNDXY

5. India’s Supreme Court has clarified that for an activity to be construed as “manufacturing” process requiring license under Factories Act 1948, the activity need not transform goods or necessarily produce an entirely new product that is commercially recognized as different.
Source: bit.ly/43fNQdI

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UCPMP 2024 – Highlights and Summary of Key Differences from UCPMP 2015

India’s Department of Pharmaceuticals (DoP) has published The Uniform Code For Pharmaceutical Marketing Practices, 2024 (UCPMP 2024). The UCPMP is a code that governs the interaction between the industry and healthcare practitioners (HCPs/doctors) in India. The UCPMP 2024 replaces the UCPMP 2015, and is applicable to both pharma and medical device companies.

In the paragraphs below, we have summarized the business-critical changes between UCPMP 2024 and UCPMP 2015.  The expression ‘company’ refers to both pharma and medical device companies, unless the context suggests otherwise.

Enforceability: The UCPMP 2024 is ‘kind of’ ‘somewhat’ mandatory. The text of UCPMP 2024 does not carry the word ‘voluntary’ as UCPMP 2015 did, but at the same time, it also does not have any statutory backing. It appears that the DoP is planning to enforce it through ‘audit’ mechanism. Under UCPMP 2024, DoP has the power to order an audit of any company upon receipt of a complaint of violation of UCPMP 2024 against the company. In case the audit proves a breach, the DoP may ‘recommend’ appropriate government agencies (such as the Income Tax Department and the National Pharmaceutical Pricing Authority) to take action against the company. An appellate body, which is headed by the Secretary, DoP, also has the power to ‘prescribe’ penalties to defaulting companies. Separately, the CEO of the company has to give an undertaking that the company shall abide by UCPMP 2024 will extend all assistance to ‘authorities’ for its enforcement.

Medical Education and Training: Companies can sponsor or organize conferences, workshops and trainings for doctors by themselves without having to necessarily collaborate with another entity, such as an association of doctors. Such conferences, workshops and trainings cannot be held outside India. The details of such events and expenses incurred by the company will have to be published on the company’s website. The record of these expenses may be audited by auditors appointed by the DoP. If the DoP auditors find discrepancies in the records, they will bring them to the attention of appropriate government agencies and authorities.

Hospitality and travel: During conferences and workshops, all doctors including delegates may be served modest meals. However, delegates cannot be offered travel facilities. Speakers may be offered both hospitality and travel facility.

Brand reminders: A company may supply doctors with informational and educational materials such as e-journals and dummy device models as brand reminders, provided that the total worth of each item does not exceed Rs. 1000. There is no cap on how many brand reminders can be given to the doctor. However, a brand reminder should not have an independent commercial value for the doctor.

Engagement of HCPs as a Consultant: Companies can continue to engage doctors as consultants for research, but the research has to be ‘bona fide’. The DoP is expected to provide more clarity on this issue.

Monetary grants: Companies cannot offer monetary grants under any pretext now, including for educational purposes to doctors who are pursuing training, residency, or fellowship.

Sample packs: A company may offer a doctor up to 12 sample packs of medicines each year. However, these sample packages should be properly marked as ‘not for sale.’ The monetary value of samples distributed by a company should not exceed 2% of its domestic sales.

Further changes to UCPMP 2024: The DoP has reserved powers to modify or limit the scope of UCPMP by issuing standing orders from time to time.

It is important that industry takes cognizance of the changes because any non-compliance with UCPMP 2024 may negatively impact a company’s industry standing and perception amongst doctors.  India’s tax department has also been disallowing any expenses which have been incurred in contravention of UCPMP, so a mistake may prove very expensive.