Advocacy

Federal

The Size, Shape & Colour of Generic Medicines

The Issue:

Generic drugs are marketed in Canada in a similar size, shape and colour as their brand-name equivalents, and the generic manufacturer of the medication is clearly identified by the company's logo. CGPA believes that any action that affects the look of generic drugs could endanger patient safety through improper use of medication.

Background:

For several years, brand-name manufacturers have been trying to stop this long-standing practice and force generic companies to adopt a different size, shape and/or colour for their equivalent medications.

Brand-name drug companies have launched hundreds of court cases on the issue of size, shape and colour, creating uncertainty in the marketplace and high legal costs. Despite the brand-name companies’ tactics, most decisions have favored patient safety and allowed generics to be marketed in a similar size, shape and colour.

For example, in December 2000, the Federal Court of Appeal dismissed an appeal filed by Eli Lilly against generic manufacturers Novopharm, Apotex and Nu-Pharm to prevent their generic versions of the anti-depressant fluoxetine from looking similar to Prozac brand fluoxetine. The trial judge found that “if the market place attaches any meaning to the appearance of the capsules, it is with respect to the medicine contained in them and to its therapeutic effect, and not its trade source or provenance.”

Concerned Canadians agree that the size, shape and colour of medications must be consistent between generic drugs and their brand-name equivalents:

• 86% of Canada's pharmacists say their customers would prefer generic drugs to have a similar size, shape and colour to their brand-name equivalent.
• 71% of pharmacists say brand-name companies should not be permitted to protect a unique appearance for their drug.
• 66% of seniors say the size, shape and colour of medications (or a combination) is one of the main ways they identify their pills.
• 55% of seniors want generic pills to look similar to their brand-name equivalents, primarily to avoid confusion and to make them feel safe.

CGPA Position: The federal government should regulate the long-standing practice of marketing a generic drug in a size, shape and colour similar to its brand equivalent.

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	The Size, Shape & Colour of Generic Medicines