The Supreme Court on Thursday observed that doctors across the country should be mandated to prescribe only generic medicines instead of branded ones, while hearing a Public Interest Litigation (PIL) seeking stricter regulation of unethical marketing practices by pharmaceutical companies.
A three-judge Bench, headed by Justice Vikram Nath, made the observation during a hearing on a petition filed by the Federation of Medical & Sales Representatives Associations of India (FMSRAI) and others. The matter has been listed for further hearing in July.
“We believe that doctors should be mandated to prescribe only generic medicines. That will fall in line with what you are praying for,” the bench noted. The court also pointed out that Rajasthan has already issued an executive instruction requiring medical professionals to prescribe only generic drugs.
The PIL challenges the current voluntary regulatory framework and calls for the enforcement of a statutory code to ensure ethical marketing practices in the pharmaceutical sector. The petition also invokes the Right to Health under Article 21 of the Constitution.
The petitioners alleged that the pharmaceutical industry continues to indulge in unethical promotional activities, often spending vast sums of money to influence doctors and increase prescription volumes.
“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,” the plea stated.