Tuesday, January 29, 2013

The Morality of Laws Limiting Generic Drug Sales


           While some believe that there are not any general starting points for ethics due to human difference, Russ Shafer Landau argues in his book, “The Fundamentals of Ethics” that, “there are some reasonable constraints that can guide us when thinking about how to live.”(6) One of these constraints applies to current events involving the limitation of generic drugs by name-brand companies. Landau’s argument that, “neither the law nor tradition is immune from moral criticism,”(6) illustrates the current ethical debate of whether a law restricting generic drugs is morally correct.
            A recent New York Times article explains the fight between biotech firms and generic suppliers on the state level. The biotechnology firms aim to cut competition, and argue that the law is in place to protect the safety of patients because the generic pills are not identical to the biotechnology pills due to the way that they are created. The article states that should the legislation pass, it would be “cutting into the billions of dollars in savings on drug costs contemplated in the federal health care overhaul law.1 Currently, the Virginia House of Delegates has passed one bill pertaining to these restriction laws. This poses the following ethical question: Even though this law restricts pharmacists from prescribing the cheaper version of name-brand drugs to patients, is it possible that the law itself is unethical?
Generic drug companies have agreed to generic limitation if their drugs are not deemed interchangeable by the F.D.A. However, if the drugs are interchangeable, are brand-name companies simply trying to restrict generic sales for personal monetary gain? In my personal opinion, I believe that if drugs were deemed interchangeable, it would be morally wrong to create laws that restrict the sale of a more affordable version. However, I also agree that drugs not deemed interchangeable could pose safety concerns for people and should not be freely prescribed as substitutes by pharmacists.
I uphold Landau’s assertion that law is not a supreme moral guideline. However, our society is based upon the citizen’s support of laws, so how are we to proceed if a certain law seems immoral? I believe that you oppose this immorality in a legal and moral way, much like the recent actions of the generic associations: “in Indiana on Monday, the House Public Health Committee approved a bill, but lawmakers, responding to objections from the generic association, removed the requirement that patients consent to any substitution.”1
In conclusion, the main ethical question at hand is if it is moral for biotechnology companies to restrict the sale of an interchangeable, more affordable, generic drug? My ultimate feeling is no, but I see the opposing view as well. Should generic drug companies be able to replicate the innovation of biotechnology firms to profit from cheaper drugs? I argue yes because a company can lawfully duplicate an original idea after patent expiration; then again, law is not always morally supreme. (6)

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1 comment:

  1. While the restriction of the sale of an interchangeable, more affordable, generic drug may be business-savy for biotechnology companies, I agree with Nick and believe that, when considering the interest of the general population, the law is immoral. Intentionally charging people greater amounts of money to ensure one company's monopoly both defies our value of offering equal and affordable care to all as well as contradicts the free trade nature of the American economy. Though I can understand the copyright infringements that may come into question surrounding this law, ultimately copyright should not serve as a method to usurp affordability and accessibility of medications to the American population.

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