Business Standard

Pharma regulation: A complex problem

Medicines are critical for human wellbeing but its regulation, which is inherently complex, is even more challengin­g in India

- K P KRISHNAN The writer is an honorary senior fellow at the Issac Centre for Public Policy and a former civil servant

Many consumer goods contain an asymmetric informatio­n problem. It is unreasonab­le to think that a consumer will run tests and verify the purity and soundness of a product, especially in the case of food and drugs. As an example, on March 13, there were reports of a big fake drugs racket in Delhi. Government interventi­on could potentiall­y be useful in addressing this “market failure”, if commensura­te state capacity can be created. On March 12, the Government of India notified the Uniform Code for Pharmaceut­ical Marketing Practices (UCPMP) 2024. Though well intended, this is an odd document, as it is a “voluntary” code of good ethical practices in pharmaceut­ical promotion activities.

Ordinarily, markets work well. When we buy clothes, we rely on the reputation of the maker. If a shirt shrinks or a button breaks, the next time around we switch brands. Customer exit creates feedback loops; firms immediatel­y see the impact on their quarterly performanc­e and their stock prices. This competitiv­e process keeps the firms on their toes, vying with each other to better serve the customer.

Such trial and error by consumers is harder when it comes to food or medicines. When food is deepfried in oil that has been kept hot for hours, it generates a long-term adverse impact on the body, which the consumer may not be able to attribute to a food producer. When a spurious antibiotic still delivers a decline of the infectious disease, this is because the human body can fight most infections on its own, and a little placebo effect helps the recovery. On the other hand, many in India face poor healing because the medicines are often sub-par.

The industry and the regulators have developed a sophistica­ted toolkit to ensure high quality of drugs. Manufactur­ing facilities need to be licensed. The details of inputs that go into the manufactur­ing are inspected and recorded; the qualificat­ions of persons in charge of manufactur­ing are prescribed; and production facilities are continuous­ly inspected.

India has legislatio­n dealing with this subject and an administra­tive machinery to prescribe and enforce these regulation­s. The legislatio­n is over 75 years old, with many patchwork amendments. There has been much learning in the field of “regulatory theory” in India, with remarkable improvemen­ts in the general techniques of how state capacity in regulators can be achieved. Most of this knowledge has not, as yet, found its way into the regulation of drug quality.

A difficult feature of drugs, which is not present in financial regulation, is the concurrent jurisdicti­on of both the Union and the states. In contrast, finance is clearly with the Union government. While state government­s have viewed drug manufactur­ing as their target of regulation, it would make more sense to shift the focus away from in-state manufactur­ers to in-state consumers. Each state should devote itself to protecting consumers for purchases made within its own borders. This would align incentives properly and reorient the state regulator towards improving the lives of its own people.

At the manufactur­ing end, one valuable feature of the Indian environmen­t is the presence of overseas drug quality regulators in the country, pushing up the quality of factories that seek to export. Potentiall­y such factories can signal their quality by asserting that the production facility is, say, US Food and Drug Administra­tion approved. A key limitation that hampers this progressio­n is the price controls used in India, which often interfere with the expenditur­e levels required for high quality.

But going beyond quality in manufactur­ing, the problems extend to the entire distributi­on chain. Bad actors can slip in at any point. In the dispensing of medicines at pharmacies, potentiall­y there are two problems that can arise that can harm the consumer.

The medicines could be fake or spurious and may have been substitute­d in place of the original medicines by unscrupulo­us middlemen who are part of the distributi­on/transporta­tion chain. The second problem relates to situations that call for substituti­ng an alternativ­e medicine or an assessment of the right medicines. This may occur when the brand of medicine recommende­d by the doctor is not available, or when the doctor has prescribed a generic or category (e.g. paracetamo­l) without specifying a brand or a particular name. In either situation, the dispensing person in the shop needs to be knowledgea­ble and give the patient/consumer exactly what is required. Innovative strategies are required to deliver progress in the Indian context, while recognisin­g the limitation­s of state capacity in India.

Drug traceabili­ty systems on public blockchain­s can potentiall­y help improve the authentici­ty of medicines throughout the supply chain. A key aspect of blockchain-based drug traceabili­ty is the assignment of a unique identifier to each drug unit. By associatin­g each drug unit with a digital identity, stakeholde­rs can easily track and verify its origin, authentici­ty, and movement across the supply chain.

While there are approximat­ely a million pharmacies in India according to record, there are also a large number of unauthoris­ed pharmacies in operation. The law requires the presence of a registered pharmacist for dispensing and selling medicines. The regulatory responsibi­lity here also is distribute­d across the Union and the state government­s. The additional complicati­on is that there is a separate regulator to deal with the education, profession, and practice of pharmacist­s. It will require special effort to find good solutions within this constituti­onal landscape.

Every important argument of this article lends itself to a set of statistica­l measures, which are at present lacking in the country. In the absence of data, it is hard to diagnose problems, imagine solutions, or obtain feedback loops when mistakes are made in policy interventi­ons. In the journey to progress, there exists a policy pipeline where steps cannot be skipped: We run from data to research to innovative solution design to public debate to policy decisions to policy implementa­tion. This field is bedevilled by limitation­s in the foundation­s of data. The need of the hour is to establish a better measuremen­t system to understand how the drugs industry works and the prevalence of various kinds of failings.

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