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Pharmaceuticals


       INFLUENCING DOCTORS
       AbbVie Healthcare hauled up for unethical marketing

       practices


          Acting on an anonymous com-                                        The order also noted that the com-
       plaint, the Department of Pharma-                                  pany justifi ed its actions as a common
       ceuticals (DoP) has reprimanded                                    industry practice, stating that it had a
       AbbVie Healthcare India for violating                              professional service agreement with
       ethical marketing practices under the                              these HCPs  to  compensate  them  for
       new Uniform Code for Pharmaceuti-                                  their services.  AbbVie’s arguments
       cal Marketing Practices (UCPMP) by                                 failed to satisfy the auditors from the
       sponsoring foreign vacations for 30                                apex committee, which rejected the
       doctors.                                                           claims.

          The department has also asked                                      “The agreements entered into
       the Central Bureau of Direct  Taxes                                by  AbbVie do not clarify why such
       (CBDT) to evaluate the liabilities of   This  marks  the  fi rst  instance  of  a  trained HCPs need to be provided with
       both the company and the doctors and  company being penalised for breach-  foreign travel to gain knowledge about
       requested the National Medical Com-  ing the marketing practices code since  simple procedures in medical aes-
       mission (NMC) to take action against  its  notifi cation  in  March  2024.  The  thetics, such  as  the administration  of
       the 30 doctors found to be in contra-  code was introduced to regulate inter-  Botox and  Juvederm,” the  committee
       vention of the code under appropriate  actions between pharmaceutical com-  stated in its order.
       regulations.                      panies and HCPs, categorising foreign
                                         trips, gifts, and inducements as unethi-  The DoP order also highlighted that
          AbbVie Healthcare India, a sub-  cal marketing practices.       AbbVie declined to consider remedial
       sidiary of US-based  AbbVie Inc., is                               action, such as extending support to
       under scrutiny for spending nearly   According to an offi cial order dated  underprivileged patients receiving
       Rs. 1.91-crore on travel tickets and  December  23  by  the  DoP’s  apex  treatment in government hospitals, for
       hotel accommodations for healthcare  committee for pharma marketing  an amount equivalent to the violations
       professionals (HCPs) “for extravagant  practices, the company claimed that  computed by  the  DoP’s  audit  team.
       pleasure trips under the guise of con-  the trip was intended to enhance the  Following this, the apex committee
       ferences” such as the Aesthetics and  HCPs’  “knowledge”  about  popular  decided to proceed with an offi cial repri-
       Anti-ageing  World Congress 2024,  anti-ageing products such as  Botox  mand, directing the CBDT and NMC
       which violates the UCPMP.         and Juvederm.                    to assess the violations accordingly.
       Cipla faces Rs. 1-crore GST penalty


          Mumbai-based  pharma  fi rm,  Cipla,                             has been passed by GST Authority on
       has said that a penalty of over Rs. 1-crore                        the  contention that the company  has
       had been imposed on it by the GST                                  availed inadmissible  TRAN-1 credit.
       Authority for an alleged inadmissible                              The GST  Authority has ordered for
       credit  claim.  The  company  would  fi le                          recovery of the same along with appli-
       an appeal with the appellate authority, it                         cable interest and penalty,” Cipla said.
       said, adding that the development did not
       have a material impact on the company’s                               “Based on assessment of facts and
       fi nancials or operations.         passed by the GST Authority imposing  prevailing law, the Company is of the
                                         a penalty of Rs. 1,11,94,324 under ap-  view that the penalty levied is arbitrary
          Giving details, the company told the  plicable provisions of the Central Goods  and  unjustifi ed,”  it  said,  adding  that  it
       stock exchanges that an order had been  and Services Tax Act, 2017. “The order  would appeal the directive.


       152                                                                    Chemical Weekly  January 7, 2025


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