Doctors must prescribe only generic drugs, not branded medicines: SC

The Supreme Court has said doctors should prescribe only generic drugs. The court made this remark while hearing a PIL seeking tighter regulation of pharmaceutical marketing practices

The Supreme Court observation marks a potentially pivotal moment in India’s healthcare policy landscape. Here’s a concise breakdown of the key points and implications:

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Context and Background

 

• • Petition Origin: The PIL was filed by the Federation of Medical & Sales Representatives Associations of India (FMSRAI), highlighting unethical promotional practices in pharma marketing.

• • Core Issue: Pharmaceutical companies are allegedly incentivizing doctors to prescribe branded medicines, often at the expense of affordability and ethics.

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Supreme Court’s Observation

 

• • Generic-Only Prescriptions: The court strongly suggested that doctors should be mandated to prescribe only generic drugs.

• • Example Cited: Rajasthan already has an executive instruction enforcing this.

• • Goal: Align medical practice with public interest by reducing patient costs and limiting pharma influence.

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What Are Generic Drugs?

 

• • Equivalent to branded drugs in safety, efficacy, dosage, and use.

• • Cost-Effective: Significantly cheaper due to the absence of brand promotion and R&D costs.

• • Legally Supported: India’s 1970 Patent Act helped make India a global hub for generics.

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Opposition from the Medical Community

 

• • Indian Medical Association (IMA):
    

     

    • • Opposes the move to enforce generic prescriptions.
    • • Argues: If branded drugs are legally licensed, why should doctors be penalized for prescribing them?
    • • Successfully lobbied to delay the NMC’s 2023 mandate requiring generic-only prescriptions.

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Implications Going Forward

 

• • Policy Tensions: The court’s stand may renew momentum toward stricter regulation, countering pharmaceutical marketing pressures.

• • Next Hearing in July: The case’s outcome could lead to national-level legal mandates, depending on how the court interprets the regulatory responsibilities of the government.