Generic-Drug law Law and Legal Definition

Generic-drug law refers to a statute that allows pharmacists to substitute a generic drug for a brand name drug under specified conditions. In the U.S. many states have enacted generic-drug laws to ensure that less expensive generic drugs are available to consumers.

The following is an example of a state statute (New York) explaining the purpose and requisite conditions to be followed under the generic drug law :

According to NY CLS Pub Health § 206, a generic-drug law is designed to make available to consumers cheaper generic drugs in lieu of more expensive brand name drugs. The law requires the New York State Commissioner of Health to create a list of the U.S. Federal Drug Administration approved generic drugs that have not been identified as having any actual or potential bioequivalence problems. Pharmacists are also required to fill prescriptions with generic drugs that are less expensive than their brand name counterparts.