According to the petition, this unethical practice directly affects the pockets of common people and also poses health risks due to overmedication or misuse.
NEW DELHI: The Supreme Court of India has said that doctors should prescribe only generic medicines and not any particular branded drugs, taking a strong stand on unethical marketing practices by pharmaceutical companies.
The Court was hearing a petition that asked for regulation on such unethical behaviour in the medical and pharma industry.
A three-judge bench, including Justice Sandeep Mehta, Justice Vikram Nath, and Justice Sanjay Karol, made this observation while discussing how companies allegedly bribe doctors to prescribe expensive branded drugs.
These practices not only raise medical expenses for the public but also promote irrational drug use, leading to overuse, side effects, and drug addiction.
Justice Sandeep Mehta noted, “If this directive is implemented across the country, it will bring about a huge change.”
The Court was referring to a recent decision taken in Rajasthan, where doctors have been ordered through an executive instruction to prescribe only generic medicines and avoid using brand names in prescriptions. This step is expected to reduce costs for patients and discourage corrupt practices.
The Court further said, “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 petition was filed to seek better regulation against unethical methods used by pharmaceutical companies to promote their products. It claimed that many drug makers offer freebies and incentives to doctors, which motivates them to prescribe costlier, and sometimes unnecessary, medications.
According to the petition, this unethical practice directly affects the pockets of common people and also poses health risks due to overmedication or misuse.
In a previous hearing, a lawyer representing the Federation of Medical and Sales Representatives Association of India (FMRAI) claimed that the manufacturer of Dolo 650, a commonly used fever and pain relief medicine, spent Rs. 1,000 crore in distributing freebies to doctors. He referred to a Central Board of Direct Taxes (CBDT) press release to back this claim
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The Supreme Court made it clear that these problems could be solved if a legal rule is made, requiring doctors across the country to prescribe only generic medicines. The remarks of the Court support the idea that bringing in a nationwide policy like the one in Rajasthan could make healthcare more affordable, transparent, and less corrupt.
Case Name: FEDERATION OF MEDICAL AND SALES REPRESENTATIVES ASSOCIATIONS OF INDIA AND ORS. v. UNION OF INDIA AND ORS.|W.P.(C) No. 323/2021
