Price notification without enforcement capacity has limited effect. Discuss the challenges NPPA faces in ensuring compliance with drug price regulation, and suggest reforms.
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On 17 October 2026, NPPA notified Trade Margin Rationalisation (TMR) on 137 non-scheduled anti-cancer drugs, and the lower MRPs took effect on 9 November [1]. Patients gain only if the cut actually reaches them at the counter. That depends on enforcement more than on the notification itself.
Challenges in ensuring compliance
- Weak deterrence: As of 2025, ₹8,526 crore (85%) of overcharging demands had not been recovered. About 70% of that is under litigation, and some cases are more than 20 years old [2].
- Capacity deficit: 15 of NPPA's 48 sanctioned posts are vacant [2]. Monitoring on the ground depends on State Drug Controllers, who report through Action Taken Reports [1].
- Data blind spots: NPPA's private-agency data covers only about 70% of the market. It leaves out hospital sales, Jan Aushadhi stores and e-commerce [2]. This matters because cancer drugs are mostly dispensed in hospitals.
- Unregulated online sales: There is no mechanism to ensure fair prices on online drug platforms [3].
- Temporary legal footing: DPCO, 2013 allows margin capping only for a limited period [3], and there is no timeline for a permanent TMR framework [2].
- Opaque pricing: Non-scheduled drugs make up about 82% of the market and have no fixed launch price [2]. The price to stockist (PTS) is not disclosed, so outsiders cannot check whether an MRP is fair [3].
- Price creep: Even regulated stents became costlier, by 44% (bare-metal) and 29% (drug-eluting) between 2017 and 2024 [3].
- Low public participation: Only 30 representations came in on 1,426 draft price worksheets, and all of them were from industry [2].
Reforms
- Legal: Amend DPCO to create a permanent TMR framework with a fixed deadline [2][3].
- Recovery: Set up a fast-track dispute mechanism and a dedicated legal cell in NPPA [2].
- Institutional: Fill the vacancies [2] and strengthen the state-level monitoring that SDCs carry out [1].
- Data: Extend coverage to hospitals and e-commerce [2], and create a regulatory framework for online pharmacies [3].
- Transparency: Study and disclose the PTS–MRP gap [3], and use cost-based pricing where mark-ups are abnormal [2].
- Citizen enforcement: Publicise the Pharma Sahi Daam app and the 1800-111-255 helpline more widely [1].
TMR shows that India can lower drug prices without full price control, but each order works only as far as the enforcement behind it. A permanent legal basis, wider data and stronger institutions would turn one-off orders into lasting affordability. That would serve the health duty in Article 47 and SDG 3.8 on universal health coverage.
Sources
- 1PIB: NPPA directs strict monitoring of Trade Margin Rationalisation on 137 anti-cancer drugsGazette Order and effective dates, SDC monitoring and ATRs, DPCO overcharging proceedings, Pharma Sahi Daam and helpline
- 2PRS Legislative Research: Standing Committee Report Summary, Review of Role, Functions and Duties of NPPA (Aug 2026)unrecovered dues, vacancies, data gaps, 82% market share, permanent TMR, legal cell, cost-based pricing, low public participation
- 3PRS Legislative Research: Standing Committee Report Summary, Price Rise of Medicines in the Pharmaceutical Sector (Dec 2025)DPCO's limited-period margin capping, undisclosed PTS, stent price rise, online pharmacy gap