New Delhi | March 15, 2026
In a landmark move aimed at fortifying the safety and accountability of India’s massive pharmaceutical sector, the country’s top drug advisory body has recommended a fundamental shift in how medicines are brought to market. The Drugs Technical Advisory Board (DTAB) has formally proposed amending the Drugs and Cosmetics Rules, 1945, to require pharmaceutical marketing firms to obtain mandatory licenses.
This recommendation, finalized during the DTAB’s 93rd meeting on February 16, 2026, targets a long-standing regulatory “blind spot”: the thousands of companies that brand and distribute drugs manufactured by third parties. By bringing these “marketers” under the direct purview of state licensing authorities, the Central Drugs Standard Control Organisation (CDSCO) aims to ensure that every pill sold in India—regardless of whose name is on the box—meets stringent quality and safety standards.
Closing the “Marketer” Loophole
For decades, the Indian pharmaceutical landscape has relied heavily on a “loan-license” or third-party manufacturing model. Under current regulations, while the factory producing the medicine must be licensed, the company that markets and sells it often operates without a specific marketing license.
According to Rule 2(ea) of the Drugs Rules, 1945, a “marketer” is defined as an entity that adopts a drug manufactured by another for sale and distribution. Because these entities haven’t required a specific marketing license, regulators have frequently struggled to communicate with them regarding safety concerns or to hold them accountable when substandard drugs enter the supply chain.
With India’s pharmaceutical sector valued at USD 60.32 billion in 2026, the scale of this oversight gap is significant. Third-party manufacturing currently powers over 60,000 generic brands across 60 therapeutic categories. Without a licensing mechanism, the DCC (Drugs Consultative Committee) warned that authorities lack the “teeth” to track products effectively, potentially allowing spurious or poor-quality medicines to circulate undetected.
The Path to Reform
The push for this legislative change began in earnest during the 67th DCC meeting in November 2025. Members highlighted an urgent need for a monitoring mechanism for non-manufacturing companies that surge in number every year.
If the Ministry of Health and Family Welfare approves the DTAB’s recommendation, the new rules will:
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Prohibit Unlicensed Marketing: No company will be allowed to market a drug without a valid license from State Licensing Authorities.
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Create a Traceable Database: Regulators will maintain a clear record of all marketing entities, facilitating rapid communication for drug recalls.
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Mirror Manufacturer Standards: Marketers will be held to accountability standards similar to those currently required of manufacturers and importers.
This move complements the 2024 Uniform Code of Pharmaceutical Marketing Practices (UCPMP), which focuses on ethical promotion, by adding a layer of post-approval safety oversight.
Expert Perspectives: Safety vs. Sustainability
The proposal has sparked a robust debate between public health advocates and industry representatives.
“Mandatory licensing will hold marketers accountable, much like manufacturers, reducing the circulation of spurious drugs that claim lives annually,” says Dr. Suraj Goel, former Additional Drugs Controller and public health expert. “It is a move that is long overdue for India to maintain its ‘pharmacy of the world’ status. Currently, roughly 10% of drugs tested by CDSCO fail quality checks, and many of these lapses are linked to a lack of oversight in the marketing chain.”
However, industry groups express concern regarding the “ease of doing business.” M. Jayachandran, President of the Association of Indian Pharmaceutical Progressive Entrepreneurs (AIPPE), suggests that the move could place an administrative and financial burden on small-scale marketers who currently operate under wholesale licenses (Forms 20B/21B). There are fears that increased compliance costs could eventually be passed down to the consumer, impacting medicine affordability.
What This Means for Public Health
For the 1.4 billion people living in India, these regulatory changes have direct implications for the medicine cabinet.
1. Faster Recalls and Enhanced Safety
If a batch of medicine is found to be contaminated—such as the tragic incidents involving exported cough syrups in recent years—a licensed marketer database allows the government to trigger an immediate, nationwide recall. Currently, finding the responsible party for a third-party manufactured brand can be a slow, bureaucratic process.
2. Confidence in Generics
India provides nearly 20% of the global supply of generic medicines. For local patients managing chronic conditions like diabetes—which affects an estimated 101 million Indians—knowing that a branded generic has passed through a licensed marketing entity adds a layer of trust in the efficacy of their treatment.
3. Clearer Labeling and Accountability
The licensing process is expected to standardize labeling requirements, ensuring that consumers and healthcare providers can clearly identify both the manufacturer and the marketer, making it easier to report adverse drug reactions (ADRs).
Challenges in Implementation
Despite the momentum, the road to implementation faces hurdles. M. Sridhar, Drug Controller for Tamil Nadu, has previously noted the lack of existing infrastructure for separate marketing licenses, questioning the feasibility of a rollout without clear, standardized conditions across all 28 states and Union Territories.
Critics also point out that a similar proposal was tabled in 2018 but eventually shelved due to industry pushback. To succeed this time, proponents suggest a balanced approach, perhaps including “grace periods” for small businesses to align with the new requirements without disrupting the supply of essential medicines.
A Global Context
This evolution brings India closer to international regulatory standards. In the European Union, for instance, the concept of a Marketing Authorization Holder (MAH) ensures that one specific entity is legally responsible for the safety, quality, and efficacy of a drug, regardless of where it was manufactured.
As India’s pharmaceutical market is projected to reach USD 79.74 billion by 2031, these reforms are seen as essential for the “Make in India” initiative. By tightening the net around drug marketing, the CDSCO is not just protecting domestic patients, but also safeguarding the global reputation of Indian-made pharmaceuticals.
Medical Disclaimer
This article is for informational purposes only and should not be considered medical advice. Always consult with qualified healthcare professionals before making any health-related decisions or changes to your treatment plan. The information presented here is based on current research and expert opinions, which may evolve as new evidence emerges.
References
- https://medicaldialogues.in/news/industry/pharma/cdsco/drug-marketing-firms-may-soon-need-mandatory-licenses-166521