Posted By :  Admin1

The Supreme Court of India has emphasized the need for doctors nationwide to prescribe only generic medicines, aiming to curb unethical marketing practices by pharmaceutical companies. This observation came during a hearing of a Public Interest Litigation (PIL) filed by the Federation of Medical and Sales Representatives Association of India. The PIL seeks the enforcement of a statutory code to regulate unethical marketing practices in the pharmaceutical industry. The bench, comprising Justices Vikram Nath, Sanjay Karol, and Sandeep Mehta, noted that mandating generic prescriptions would align with the petition's objectives and could significantly impact the current scenario. 

The case gained prominence following allegations that the manufacturers of Dolo-650, a widely used paracetamol tablet during the COVID-19 pandemic, distributed freebies worth ₹1,000 crore to doctors to promote its 650 mg dosage. Senior Advocate Sanjay Parikh, representing the petitioners, highlighted that while doctors are regulated under the Indian Medical Council's code of conduct, pharmaceutical companies often escape accountability due to the voluntary nature of existing codes. He stressed the necessity for a statutory framework to hold both parties accountable and prevent such unethical practices.

The Union government's counsel informed the court about existing directives under the Indian Medical Council Regulations mandating doctors to prescribe generic medicines. However, it's noteworthy that the National Medical Commission had previously issued a Gazette Notification to suspend the implementation of regulations that restricted doctors from prescribing branded medicines. The Supreme Court's current stance underscores the urgency of reinforcing these directives to ensure ethical practices in the medical field.