The market research firm, IMS Health reported that U.S. sales of Oxycontin in 2010 exceeded $3.1 billion. It is well recognized that Purdue Pharma (the makers of Oxycontin) have a highly successful product on their hands. In fact, Oxycontin is probably the envy of the entire pharmaceutical industry.
It is also no secret that Oxycontin is often the primary focus of Pain Pill Clinic investigations, unscrupulous doctor prosecutions, prescription fraud arrests, doctor shopping cases and drug trafficking charges. Both local law enforcement and criminal defense attorneys alike will tell you that the pain pill epidemic we are experiencing in Pinellas county and throughout Florida is led by the popularity of this highly addictive drug. The widespread abuse of Oxycontin was also a significant motivating force behind Florida's legislation supporting a mandatory state-wide prescription database.
Generic Oxycontin
Just a few days ago, Impax Laboratories, Inc. filed for FDA approval to sell a generic version of Purdue Pharma's Oxycontin 10, 15, 20, 30, 40, 60, and 80 mg controlled-release tablets. On April 15th, Purdue Pharma fired back with a lawsuit against Impax. Challenges of this nature are reportedly common, when a drug manufacturer races to be the first to deliver a generic version of a blockbuster drug to physicians and pharmacists.
This is not the first time that Purdue Pharma has found itself in court over its' manufacture of Oxycontin. Our office wrote extensively on the pharmaceutical company's various legal challenges that arose as a result of their misleading and deceptive "off-market" branding campaign. See "Record Oxycodone Prosecutions in Pinellas County: How Did We Get Here?"
Purdue Pharma was recently cast again in a negative light. Last week, the St. Petersburg Times reported that Florida Governor Rick Scott refused to accept a $1 million grant from Purdue Pharma to support the development of Florida's proposed prescription drug database. His position was applauded by Sub Committee Chairwoman Mary Bono Mack of the Federal House subcommittee on Commerce, Manufacturing and Trade during their hearing on the "growing danger of prescription drug diversion."
What is a Generic Drug?
The Center for Drug Evaluation and Research of the U.S. Food and Drug Administration defines a generic drug as a product that is comparable to the name brand in dosage form, strength, route of administration, quality and performance characteristics, and the intended use. The FDA requires that a generic drug contain the same active ingredients as the original branded drug. Of course, generic drugs carry the same benefits and adverse side affects as the original name brand product. Thus, the addictive properties of a generic Oxycontin are on par with the original.
Expect a Significant Retail Price Drop for Oxycontin Substitute
The financial costs associated with the experimental development and testing of a new drug are staggering. The Journal of Health Economics, places this number in the hundreds of millions of dollars. The marketing and advertising necessary to garner acceptance by the medical community further adds to this expense.
Companies producing a generic drug do not have the financial burden associated with the laboratory discovery, clinical trials and FDA approval. Therefore, when a new generic drug hits the market, two economic principles immediately come into play:
- The monopoly previously enjoyed by the original drug developer/manufacturer ends;
- The sudden new retail competition results in significantly lower prices for both the original brand name drug and the new generic substitute,
Generic drugs are typically rushed to market by competing companies in the Pharmaceutical industry once the patent protection awarded to the original drug maker has expired. In this case, Impax attorneys are seeking to shorten the Purdue Pharma patent protection time period by about twenty months.
The Real Risk of a Generic Oxycontin
Increased manufacturing by multiple companies, greater availability, and a significant price reduction can only further fuel the epidemic level of illicit sale, addiction and abuse. The Pinellas County Drug Court and it's associated treatment providers, Operation PAR and WestCare are already up to their elbows in the treatment and counseling of persons facing Oxycontin related prosecutions. Putting a generic Oxycontin into the prescription pipeline is only likely to lead to greater arrest numbers in the St. Petersburg / Clearwater area. Sadly, It will also result in an escalation of prescription drug related deaths caused by overdose.
Lawyers Who Routinely Handle Oxycontin Related Arrests
The lawyers in our office are former state prosecutors who routinely appear in Pinellas County courtrooms representing clients charged with felony drug possession and drug paraphernalia related cases. Consultations are free to discuss available defenses, diversion programs designed to result in the dismissal of charges and available addiction treatment.
Have You or a Relative Been Arrested for a Drug Offense?
We are local Pinellas County criminal defense lawyers with a background and training in this area of the law.
You can contact our office for a free consultation at: (727) 578-0303
Visit our Criminal Defense website at: www.defensehelp.com
Visit our Pinellas Drunk Driving site at: www.duistpetersburglawyer.com
Related Links:
Possible Solutions to a Drug Charge
Governor Scott Shifts His Position on Prescription Database
What Judges & Lawyers Say About Us
Florida Prescription Database Gets the Go-Ahead
Having your Pinellas Arrest Sealed or Expunged
FAQ on Drug Approval Process, Patents & Exclusivity
April 14, 2011 House Committee Press Release - Prescription Drug Abuse
Prescription Drugs - An Invitation Into The Pinellas Criminal Justice System
Watch a Highly Informative Film: The Oxycontin Express
What we are lacking are stricter imposition of laws when it comes to the administration, controlling and selling of these highly addictive drugs.
Posted by: Joshua | February 27, 2012 at 06:05 AM