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Government introduces uniform code for medical device marketing: Reports

The code addresses misleading ads, excessive hospitality, financial incentives for medical staff, and non-compliance in complaint resolution.

The Central Government has established a uniform code for marketing practices in the medical device industry to address unethical behaviors. This code targets misleading product advertisements, excessive hospitality, financial incentives for medical personnel, and non-compliance with required complaint resolution procedures, as reported by various media sources.

In a notification, the Department of Pharmaceuticals (DoP) has instructed medical device associations to ensure that medical devices are not marketed before obtaining product approval from the Regulatory Authority, as required by the Medical Device Rules, 2017, for their sale or distribution.

The Central Government has implemented a uniform code for marketing practices in the medical device industry to prevent unethical behavior, such as misleading advertisements and excessive hospitality. The Department of Pharmaceuticals has mandated that devices cannot be promoted before regulatory approval and prohibits monetary benefits to healthcare professionals.

It prohibits organising workshops abroad for healthcare professionals and said that “all associations should constitute an ethics committee for marketing practices in medical devices (ECMPMD), upload it on their websites along with a detailed procedure of complaints, which will be linked to the UCPMP portal of Department of Pharmaceuticals.”

The DoP has requested that medical device companies disclose details regarding the distribution of evaluation samples and expenses related to conferences, workshops, and seminars. According to the code, a medical device cannot be marketed until it has received product approval from the regulatory authority, as stated in the notification.

The DoP has specified that terms like "safe" or "safety" cannot be used unqualified, and companies cannot claim that a medical device has no adverse effects. Additionally, medical device firms are required to publish the Uniform Code for Marketing Practices in Medical Devices (UCMPMD) 2024 on their websites, along with complaint procedures linked to the department's portal.

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