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Editorial of the Day (25th Jan): India’s Problem – Different Drugs, Identical Brand Names

Context: The issue of different drugs having identical or similar brand names in India is a significant problem that poses serious risks to patient safety.

Background

  • Different drugs with entirely different active ingredients and uses share identical or confusingly similar brand names in India. This poses a serious risk of patient harm due to medication errors.
  • Examples:
    • Linamac: ‘Linamac 5’ is used to treat multiple myeloma, which is a type of cancer, the other drug bearing the name ‘Linamac’ is a drug used to treat
    • Medzole: Used for a sedative, stomach acidity treatment, deworming, and antifungal medication.
    • Medpol, Medrol, Metrozole: Phonetically similar to Medzole, increasing confusion.
    • i-Pill and i-Pill Daily: The company that uses the brand name ‘I-Pill’ to sell an emergency contraceptive (ECP), uses the brand name ‘i-Pill Daily’ as a daily contraceptive pill.

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Factors Increasing Risk

  • Data Deficiency in Prescription Errors: In India, there is an absence of systematic data collection on prescription errors which hinders the understanding of the problem’s magnitude and challenges the development of impactful solutions.
  • Regulatory Shortcomings in Pharmacies: A significant number of pharmacies in India distribute medications without the necessary prescriptions and lack stringent regulatory oversight.
  • Language Hurdle in Drug Labelling: The majority of drug labels and packaging in India are in English, a language spoken by a minority (under 10%) of the population which adds complexity for numerous patients in correctly understanding medication information.

Judicial Interventions

  • Ruling by the Supreme Court of India (2001) And 59th report by the Parliamentary Standing Committee on Health and Family Welfare: The Supreme Court, in the case between Cadila HealthCare Ltd. and Cadila Pharmaceuticals Ltd. and also report by the Parliamentary Standing Committee , highlighted the importance of having unique names for drugs.
    • It recommended that the Ministry of Health take steps to avoid the confusion caused by drugs with similar names.
  • Intervention by the Delhi High Court (2019): In a notable case involving pharmaceutical trademark infringement, Justice Pratibha M. Singh underscored the critical nature of the issue.
    • Her involvement brought heightened attention and urged regulatory authorities to tackle the ongoing problem of drug name confusion more effectively.
  • Drugs and Cosmetics (Thirteenth Amendment) Rules, 2019: Companies self-certify non-confusing names during licence applications.
    • Required searches for similar names in limited databases.
    • Flaws in the Approach:
      • Self-certification ineffective (existing name confusion evident).
      • No national database of drug names – makes thorough searches impossible.
      • Collecting data from 36 diverse drug controllers is a logistical hurdle.

Suggestive Measures

  • Build a national database of all pharmaceutical brand names.
  • Adopt mechanisms like those in the US and Europe for naming drugs to avoid confusion.
  • Establish a dedicated division within the drug regulator to oversee drug names.
  • Collect data on prescription errors to quantify the problem.

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About the Author

Sakshi Gupta is a content writer to empower students aiming for UPSC, PSC, and other competitive exams. Her objective is to provide clear, concise, and informative content that caters to your exam preparation needs. She has over five years of work experience in Ed-tech sector. She strive to make her content not only informative but also engaging, keeping you motivated throughout your journey!