No Brand Names, Prescribing Generic Drugs Should Be A Must: Supreme Court

Doctors should only prescribe generic medicines and not any particular brand, as has been ordered in Rajasthan, the Supreme Court remarked today while hearing a petition seeking regulation of unethical marketing practices by pharmaceutical companies.

"If this directive is implemented across the country, it will bring about a huge change," said Justice Sandeep Mehta, who was part of a three-judge bench including Justices Vikram Nath and Sanjay Karol.

The petition contended that pharmaceutical companies are bribing doctors so they prescribe excessive or irrational drugs and push for over-priced brands. Not only does it bring up medical costs for the common man, it ca also lead to overuse of drugs which has negative effects, or create drug dependence. 

The petition also said pharmaceutical companies should be held accountable for providing freebies to doctors. 

In an earlier hearing, the lawyer representing Federation of Medical and Sales Representatives Association of India (FMRAI) cited what he said was a Central Board of Direct Taxes press release to contend that the manufacturer of Dolo 650, a popular fever drug, had spent Rs 1,000 crore in freebies.

The court remarked that the issue of pharmaceutical companies allegedly bribing doctors will be resolved if there is a statutory mandate for doctors to prescribe generic medicines. 

"This will follow in line with what you are praying. In Rajasthan, there is now an executive instruction that every medical professional will have to prescribe generic medicine. They can't prescribe by any company name. That should take care of the things," the court said.