The Association of National Pharmaceutical Industries (Adifan) asked Digemid to clarify in a decisive way the scope of the obligation that Indecopi imposed on pharmacies and drug stores to sell generic drugs to the public by unit.
This measure was established by Indecopi for “limiting the freedom of consumers to acquire medicines”, since it detected that in the Inkafarma, Mifarma and Boticas Arcángel chains they conditioned users to buy in blister when they asked for generics.
The former dean of the Lima Pharmaceutical Chemical College, Javier Llamoza, pointed out that, although the generic law does not require unit sale, “it is something that does not have to be said, that is already ethical. Medicines are purchased according to the therapeutic need and not according to how the market dictates. If a patient is prescribed 12 pills, the market cannot force him to buy 20. They are special products. Indecopi does well to clarify when identifying this commercial practice ”.
For his part, José Silva, president of Adifan, argued that the institution’s objection lies in the fact that pharmaceutical products are already subject to current regulations and regulations on dispensing and dispensing them.
It should be noted that, last September 30, Indecopi ordered Inkafarma, Mifarma and Boticas Arcángel to adapt their commercial sales strategies so that they can offer generic drugs per unit to consumers in their stores.
This measure was adopted by the Specialized Chamber on Consumer Protection (SPC) of the Court, declaring the three pharmacy chains responsible for infringement of consumer protection regulations, having verified that they did not sell generic drugs by unit to consumers, but only in their blister or box presentation.
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