Researchers said this marketing strategy may be leading to higher out-of-pocket costs for patients, since brand-name drugs
are not always covered by insurance to the extent that generic drugs are.
In Mensing, the high court reasoned that because the law requires generics to have the same labels as brand-name drugs
, generic manufacturers can't be subject to failure-to-warn claims.
The latest litigation involves allegations that brand-name drug
makers are refusing to sell product samples to generic-drug companies for bioequivalence testing--testing that determines whether the generic version of a drug is the exact replica of the brand-name version.
Nearly half of the drugs on [AARP's] top 25 brand-name drug
list were filled as generics in the first part of 2010, but AARP counts these drugs as if they were brand-name drugs
," PhRMA pointed out.
Generic drugs meet the same requirements set by the FDA that the brand-name drugs
The problem is that a number of brand-name drugs
commonly used by seniors don't have generic alternatives.
Doctors say a generic drug is the same as a brand-name drug
in quality, performance, dosage, safety and strength, and they work in the same amount of time.
The CGPA believes one of the most flawed sections of the bill is the provision that gives brand-name drug
makers a right of first refusal.
Both generic and brand-name drug
makers must submit information to show the approved products are being manufactured to the FDA's specifications.
The average cost per month of a brand-name drug
is $72, compared with $17 for a generic drug, the FDA said.
The average cost of a single generic prescription is $17, compared to $74 for a brand-name drug
If the patent on a brand-name drug
has expired, smaller pharmaceutical manufacturers often make generic equivalents at deep discounts.
Of course, the brand-name drug
industry is already showing its support for the government's anti-terrorism efforts.
In fact, it is estimated that as much as 42 percent of the cost for a brand-name drug
goes back into marketing and advertising the brand.
Generic drug manufacturers have filed lawsuits claiming that brand-name drug
makers are trying to keep generics off the market.