Healthcare Industry

Beyond the Advisory - The Legal Framework Governing GLP-1 Drug Advertising

Summary: This article examines the reach of the Drugs and Magic Remedies (Objectionable Advertisements) Act, 1954, through the lens of key judicial pronouncements – from the Supreme Court’s ruling in Hamdard Dawakhana upholding the constitutionality of advertising restrictions to the Bombay High Court’s broad reading of Section 4 as a catch-all prohibition against misleading drug advertisements and the Supreme Court’s recent observations in the Patanjali matter. These rulings map the boundaries of what constitutes a prohibited advertisement and identify the penal consequences under the Drugs and Cosmetics Act, 1940 Act and the Drugs and Magic Remedies (Objectionable Advertisements) Act, 1954, for non-compliance with the Advisory.

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Curbing Hospital and Surgeon Promotions in India: Regulation of Live Surgery Broadcasts

Summary: The NMC has issued new guidelines restricting live surgery broadcasts to curb patient exploitation, ensure ethical safeguards, and prevent commercial misuse. The framework shifts focus towards pre-recorded simulations and controlled teaching environments to balance education with patient rights.

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Introduction

There is no denying that India is one of the most significant players in the global pharmaceuticals space, especially in the generic and affordable vaccines segment. Emerging markets such as India are expected to become further crucial in the foreseeable future, given the global supply chain disruptions and discontinuities. Fifty percent of the global demand for various vaccines is met by the Indian pharmaceuticals industry and as per the Indian Economic Survey 2021, the domestic market is expected to grow 3x in the next decade. It is expected to develop at an annual rate of 11% over the next two years, possibly exceeding $60 billion in value.[1] India’s healthcare market is expected to reach $372 billion, driven by rising income, better health awareness and increasing access to insurance. India’s healthcare public expenditure stood at 2.1% of GDP in 2021-22 against 1.8% in 2020-21. Furthermore, in Union Budget 2022-23, Rs 86,200.65 crore ($11.28 billion) was allocated to the Ministry of Health and Family Welfare (MoHFW).

Continue Reading Examining the Regulatory and Operational Issues Affecting M&A in Pharmaceuticals and Healthcare Industry