dvertising and marketing are legitimate methods
of business promotion for almost all sectors of the economy with the
exception of professionals like doctors, lawyers and auditors. In the
healthcare sector, any form of mass advertising is taboo. While soft
advertising is acceptable for hospitals, doctors and pharmaceutical
companies are expressly forbidden to advertise in any manner. The
pharmaceutical companies have tried to get around this bend by
inculcating business-to-business (known as B2B in marketing parlance)
practices, such as advertising in trade journals, approaching hospitals
and persuading doctors to promote their products. Hence the
tense-looking pharma representative with his trademark necktie and bulky
leather bag has become a ubiquitous fixture in the doctor’s waiting
room.
Today more than six lakh medical representatives slog
it out in India, peddling more than one lakh pharma products. Over the
last century, the global pharmaceutical industry has refined and
fine-tuned its strategies to increase its penetration into the market.
Their ‘soft sell’ now includes leaving behind gifts to doctors, dropping
free product samples, invitations to dinners, sponsoring holiday at
exotic locations and foreign jaunts. Companies also manage to put up a
highly visible presence at medical conferences and other professional
events. However, there is no such thing as a free lunch. All these
freebies come for a price, and it can only be surmised that there is an
invisible quid pro quo arrangement in place, which will promptly
get reflected on the doctor’s prescription pad.
How far is it ethical and healthy to accept favors
from the trade? Let us examine the issues before we come to a
conclusion.
Behind Closed Doors
As a profession, medical science has always operated
from under the cloak of modesty. As our services directly affect the
health and well-being of the community, trust is the bedrock of the
profession. Due to this reason, any form of trivializing and vulgarizing
of professional practice is frowned upon. Advertising and marketing
activities being commercial in nature negate the selfless motive that
the profession expects from its practitioners. The highly competitive
nature of mass marketing makes it an undesirable medium for
pharmaceutical industry to engage in, more so because their products are
not meant to be used without a doctor’s prescription. These factors have
ensured that both medical practitioners and pharmaceutical companies
refrain from advertising and marketing as a matter of professional
ethics.
With the business-to-consumer (B2C) route thus
closed, industries adopt B2B option and approach doctors and hospitals
to promote their products. The typical interaction between the two would
include introducing the products and their features, clarifying doubts
and occasionally handing over drug samples for free distribution to the
patients. This is considered acceptable and even essential for the
doctor due to the educational value of the interaction.
At some point in the course of time, this process
went a step further and the pharmaceutical companies began to distribute
gifts to the doctors. Writing pads and pens, table diary, wall clock,
paper clips and the like would be given for the doctor’s personal use in
the clinic. The gifts would bear prominent display of the company name
or product name, and were designed to trigger instant brand recall to
the doctor while writing prescriptions. When this too became
commonplace, the more expensive gifts followed. Personal utility items,
subscriptions to clinical reference books and journals, and sponsoring
visit to conferences and personal holidays are some of the persuasive
tools employed by the companies to make doctors favor their products
while writing prescriptions.
Simultaneously, pharmaceutical companies also
aggressively pursue their business promotion agenda with professional
bodies. Sponsoring medical conferences, organizing evening parties
during conference days, and distribution of freebies during professional
conclaves are some of the ways in which the industry makes its presence
felt. These practices have raised many eyebrows in recent years, and
there is mounting criticism both among the public and within the medical
fraternity regarding the ethical dimensions of such practices. A serious
charge that this issue has brought up is of drug company-doctor nexus,
and there is a genuine fear that doctors thus obligated may indulge in
prescription spree while compromising patient well-being.
There is also the economic fallout as the
manufacturers are bound to recover the high cost of business promotion
by hiking the retail price of branded medicines, which is a burden the
patient will have to needlessly bear. It is estimated that the
pharmaceutical industry of USA spends upward of 24 billion US dollars on
promotional activities, which is a mind-boggling amount by any stretch
of imagination. Though no such figures are available for Indian
pharmaceuticals, it would be reasonable to assume that amount would be
of corresponding value in proportion to the size of our economy.
What is the Way Out?
Today the simmering issue of inducements by
pharmaceutical companies is the elephant in the room that no one wants
to acknowledge. The rewards are so tempting and compelling that we have
come to accept them as one of the perks of the profession without really
giving a deep enough thought to the damage it is causing to our
integrity, credibility and public standing. When confronted with such
uncomfortable questions, we choose to bury our heads in the sand like
the proverbial ostrich. But the outside world is not blind to our
follies, and governments all over the world are drafting regulations to
control certain practices. The Medical Council of India Guidelines
clearly draw the line regarding accepting freebies [1]. On another
level, the government has drafted Uniform Code for Pharmaceutical
Marketing Practices (UCPMP) for the pharmaceutical industry for
voluntary implementation [2]. As per this code, the government has fixed
a cap of Rs. 1000 as the maximum value of gifts the companies can give
to a doctor, and it should serve some clinical purpose. A sample set of
guidelines had been issued to pharmaceutical industry some time back to
be tried out for six months for the purpose of gaining feedback. Such
guidelines have been made applicable only to individual practitioners;
professional bodies are allowed to engage with pharma sponsors. Being
pediatricians, we are also bound to follow the government regulations
stipulated under the Infant Milk Substitutes, Feeding Bottles and Infant
Foods (Regulations, Supply and Distribution) Act 1992 as amended in 2003
(IMS Act) [3].
I feel that as professionals, each of us should take
a call of conscience as far as accepting gifts is concerned. Gifts by
pharmaceutical companies largely fall into two categories: educational
handouts and recreational freebies. Studies done in other parts of the
world indicate that the practice of accepting gifts has become so deeply
entrenched over the decades, that even seasoned senior doctors harbor
ambivalent attitudes regarding the issue [4]. Most of them look upon the
practice of low value gifts, educational handouts and free samples as
passé. It is only on the matter of recreational gifts like conference
sponsorship and free holidays that some discomfort is felt, and that too
only when the obligation to reciprocate is very overt or expressly
stated.
This brings us to the question: Is it okay to accept
low value gifts, such as note pads and pens? While these gifts appear
harmless – and they might indeed be so – an in-depth study made on the
subject indicates that the human instinct for reciprocity is innate and
any favor that we receive, however small, triggers in us a desire to
give back in kind and balance the equation [5]. We must also not forget
that the art of advertising and marketing has attained such heights of
sophistication that even subtle messaging designed for brand recall can
seriously subvert our independent choice in decision-making.
In our field, it is almost inevitable that we need to
entertain medical representatives in order to keep ourselves abreast of
the latest developments in the industry. It might seem acceptable to the
average practitioner to accept inexpensive educational handouts from
them too. But I am sure all will agree that it is downright repulsive to
sell oneself to the pharmaceutical companies at the altar of expensive
joy rides. Professional bodies might not mind allowing corporates to
sponsor educational sessions during conferences as it is for the common
good of all, while obligating no one in particular. But it is obscene to
see delegates standing in long queues to lay their hands on a freebie
during such conferences, while the main halls, where educational
activities are going on, run empty for illustrious speakers who have
worked hard to prepare their presentations.
And while I am on it, let me also highlight yet
another malady. While the issue of gifts largely arises out of the
initiative of the corporates themselves, there are also some among us
who seek to exploit the subservience of the pharmaceutical
representatives. It is not infrequently that we hear of so and so who
employs pharmaceutical representatives to run petty errands for them.
There are reports that during the days of demonetization, quite a few
hapless young men were forced to stand in long queues at the ATM booths
to exchange old currency notes for new on the demand of the clinician.
It goes without saying that such unprofessional behavior only degrades
us and takes the doctor-industry relationship to a new low.
Indeed we are living in a world of contradictions
galore and it is agonizing to make sense of it all. In the final
reckoning, one can only say that it is left to the individual to decide
where to draw the line. The choice is between self-respect and greed,
professional autonomy and obligation, patient well-being and
self-gratification. Choosing the formers has the power to elevate you,
falling prey to the latter ones can potentially destroy you. May wisdom
prevail in every decision you make.
1. Doctors who take gifts from pharma firms to be
punished: MCI guidelines. The Indian Express 2016 February 06. Available
from: https://indianexpress.com/article/india/india-news-india/doctors-who-take-gifts-from-pharma-firms-to-be-punished-mci-guidelines.
Accessed July 18, 2018.
2. Government set to put Rs 1,000 cap on pharma
companies’ gift. The Times of India 2017 February 26. Available from:http://timesofindia.indiatimes.com/articleshow/5735
1341.cms?utm_source=contentofinterest&utm_medium =text&utm_campaign=cppst.
Accessed July 18, 2018.
3. Tiwari S, Bharadva K, Yadav B, Malik S, Gangal P,
Banapurmath CR, et al. Infant and Young Child Feeding Guidelines,
2016. Indian Pediatr. 2016;53:703-13.
4. Brett AS, Burr W, Moloo J. Are gifts from
pharmaceutical companies ethically problematic? A survey of physicians.
Arch Intern Med. 2003;163:2213-8.
5. Katz D, Caplan AL, Merz JF. All gifts large and
small: toward an understanding of the ethics of pharmaceutical industry
gift-giving. Am J Bioeth. 2003 Summer;3:39-46.