NEW DELHI: Doctors across the country should be mandated to prescribe only generic medicines instead of brand names, the Supreme Court observed on Thursday while hearing a Public Interest Litigation seeking enforcement of a statutory code to regulate unethical marketing practices by pharmaceutical companies.
The top court made these strong observations after hearing a petition filed by the Federation of Medical & Sales Representatives Associations of India (FMSRAI) and others. The court scheduled the matter for further hearing in July.
A three-judge Bench of the apex court, led by Justice Vikram Nath and comprising Justices Sanjay Karol and Sandeep Mehta, observed, "We believe that doctors should be mandated to prescribe only generic medicines. That will fall in line with what you are praying for. In Rajasthan, there is now an executive instruction that every medical professional must prescribe only generic medicine."
The petition, filed by the FMSRAI, challenged the effectiveness of the current voluntary regulatory regime and sought a directive to enforce the Right to Health under Article 21 of the Constitution.
The petitioners alleged that the pharmaceutical industry continues to engage in unethical marketing practices.
"The instant writ petition has been filed by the petitioners seeking strict regulation of the marketing and promotion of drugs by pharmaceutical companies vis-à-vis healthcare professionals," stated the plea filed in the apex court.
The writ petition also highlighted that enormous amounts of money are spent on sales and promotions to influence doctors, with a view to generating a higher number of prescriptions.