Non-Scheduled Drugs

4 Dec 2025

Non-Scheduled Drugs

A report by the Parliamentary Standing Committee on Chemicals and Fertilisers has warned that lack of regulation on non-scheduled drugs is enabling excessive profiteering and harming ordinary citizens. 

  • It has urged the Department of Pharmaceuticals and NPPA to frame a new policy urgently.

Non-scheduled drugs

  • Non-scheduled drugs are pharmaceutical products that do not fall under any specific schedule of the Drugs and Cosmetics Act or the National List of Essential Medicines (NLEM).
  • They are not subject to government price control.
  • The manufacturer of a non-scheduled drugs  is not required to take price approvals from NPPA for such drugs. 
  • However, NPPA is required to monitor the prices of such drugs and take corrective measures where warranted and that includes the power to fix and regulate such prices.

Key Highlights from the Report

  • Excessive Markups: The committee found margins between price to stockist and MRP as high as 600%, 1200%, and even 1800%, making basic treatments unaffordable for large sections of the population.
  • Lack of Pricing Transparency: Neither the government nor the NPPA has access to essential pricing data such as the Price to Stockist (PTS), preventing full visibility of profit margins across the supply chain.
  • Limited Scope of Price Control:
    • Price regulation applies only to drugs listed in the National List of Essential Medicines (NLEM).
    • Non-scheduled medicines are not regulated at the initial pricing stage, allowing companies to set disproportionately high MRPs.
  • Delayed Trade Margin Rationalisation: Trade Margin Rationalisation (TMR), which earlier succeeded in reducing cancer drug prices during pilot implementation, has not yet been formalised into permanent policy, despite prolonged discussions.

Trade Margin Rationalisation (TMR)

It refers to the policy of capping and regulating the difference between the selling price of a drug (or medical product) and its procurement or manufacturing price, in order to prevent excessive mark-ups across the supply chain and ensure affordability for consumers.

Key Recommendations by the Committee

  • New Policy to Control Trade Margins: Draft a trade margin rationalisation (TMR) policy for all non-scheduled drugs, not only emergency medicines.
    • Make TMR as a statutory and permanent mechanism to prevent unjustified price inflation across the supply chain.
  • Real-Time Pricing Database: Establish a mechanism to collect real-time pricing data from manufacturers, hospitals, distributors to improve transparency.
  • Monitor Online Platforms: Strict oversight of online cancer drug sales, especially those offering steep discounts, to ensure drug authenticity.
  • Review High-Cost Devices: NPPA and the Department of Pharmaceuticals must examine stent pricing trends and intervene to make them affordable.

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Regulatory Mechanisms

  • Department of Pharmaceuticals (DoP): Functions under the Ministry of Chemicals and Fertilizers and oversees pharmaceutical policy and pricing.
  • National Pharmaceutical Pricing Authority (NPPA): An independent authority under the DoP responsible for implementing and enforcing the Drugs (Prices Control) Order.
  • Drug (Prices Control) Order, 2013:  Regulates medicine prices using the National List of Essential Medicines (NLEM) as the basis for ceiling price fixation for scheduled drug.
    • DPCO is issued by the Government of India under the Essential Commodities Act, 1955 to regulate the prices of essential medicines.
  • National Pharmaceutical Pricing Policy (NPPP), 2012: Aims to guarantee the availability of essential medicines at reasonable prices through a structured pricing framework.
  • NITI Aayog’s Role: 
    • Through its Standing Committee on Affordable Medicines and Health Products (SCAMHP), NITI Aayog advises NPPA on pricing of drugs and health products.
    • It does not directly participate in price fixation.
  • Central Drugs Standard Control Organisation (CDSCO): It functions as India’s national drug regulatory authority, responsible for regulating the safety, efficacy, and quality of drugs, vaccines, medical devices, and cosmetics.
  • Drugs Controller General of India (DCGI): The DCGI serves as the chief regulatory officer who approves new drugs and medical devices, authorises clinical trials, issues manufacturing licences for certain drug categories.

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Quick Revise Now !
UDAAN PRELIMS WALLAH
Comprehensive coverage with a concise format
Integration of PYQ within the booklet
Designed as per recent trends of Prelims questions
हिंदी में भी उपलब्ध

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