Doctors must prescribe only generic drugs, not branded medicines: Supreme Court [2.5.2025]

The Supreme Court on Thursday stated that doctors nationwide should be required to prescribe only generic medicines instead of branded ones. The top court was hearing a Public Interest Litigation (PIL) seeking the stringent regulation of the marketing and promotion of drugs by pharmaceutical firms.

This observation came during the hearing of a petition filed by the Federation of Medical & Sales Representatives Associations of India (FMSRAI) and others. The plea emphasised that large sums of money are spent on sales and promotional activities aimed at influencing doctors to increase prescription volumes.

A three-judge Bench, headed by Justice Vikram Nath and including Justices Sanjay Karol and Sandeep Mehta, remarked, “We believe that doctors should be mandated to prescribe only generic medicines. That will align with the relief you are seeking. In Rajasthan, an executive instruction already requires all medical professionals to prescribe only generic drugs.”

The petitioners had questioned the effectiveness of the existing voluntary regulatory framework and claimed that the pharmaceutical industry persists in unethical marketing practices.

The next hearing in the case is set to take place in July.


02 May 2025