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What You May Not Know about Generic Drugs

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Wednesday, March 26, 2014   

HARRISBURG, Pa. - Should the federal Food and Drug Administration allow drug makers to modify their label information about side effects without government approval?

Allison Zieve, an attorney with the watchdog group Public Citizen, said most people are not aware that when they take generic drugs, they may unwittingly have surrendered some of their legal rights because of a 2011 Supreme Court ruling.

"If the labeling on a generic drug has failed to advise you of a safety risk, the Supreme Court has held you cannot sue the manufacturer for failing to warn you," Zieve said, "unlike a brand-name company, which you could sue."

Zieve said the original FDA rules covering generic versus brand-name drugs were written years ago, when generics weren't prescribed nearly as often as they are now.

"Now, rather than them having a very small part of the market, generics have a huge part of the market - 84 percent of prescriptions filled," she said. "So, the FDA rule is really a very important and overdue recognition that generic manufacturers need to be able to take responsibility for labeling."

Generic drugs often are much less expensive than name-brand drugs, which accounts for their popularity. Zieve noted that people should not decide that generic drugs are less safe than brand-name drugs, but added that it's wise to get the latest information about risks and side effects.

"The number of drugs that this has affected over the years is probably not huge," she said. "The number of patients that have suffered because of the lack of adequate warnings is much bigger."

In Pennsylvania, pharmacists cannot substitute a generic drug for a brand-name drug when a physician prescribes a brand name and if small differences in dose or blood concentration could lead to adverse drug reactions. The substitution ban also applies if the doctor specifies "brand necessary" on the prescription.

The FDA is accepting public comments about the proposed change at FDA.gov.


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