56 pages • 1 hour read
For a long time, India had a poor reputation in the pharmaceutical industry over concerns about the quality of its generic drugs. Brand-name pharmaceutical companies, particularly those based in the US, saw generic companies as inferior and thought they were essentially stealing their hard-earned intellectual property.
One person who strove to change India’s reputation in the pharmaceutical world was Dr. Yusuf K. Hamied, the chairman of the generic drug company Cipla. He was the son of Khwaja Abdul Hamied, who was a student of Ghandi, and who founded Cipla. Ghandi encouraged Khwaja Abdul Hamied to manufacture drugs to help WWII soldiers, because Britain had promised India its independence if it helped with the war effort.
In 1970, the Indian government passed the Patents Act, which allowed generic drug manufacturers to produce and sell drugs without infringing on patent rights. Companies could copy brand-name drugs as long as they altered the manufacturing process.
Eban contrasts Cipla with Ranbaxy, which was founded by Bhai Mohan Singh, a member of a prominent Indian business family. Singh was more focused on profits and outwitting competitors than on helping people or bolstering the reputation of Indian generics. Singh’s sons bickered over the family business, leading to bitter conflicts between the sons, as well as between the sons and their father.
In the early 1900s, Dr. Yusuf Hamied had Cipla manufacture and offer AIDS medicine at an affordable price, to try to help with the ongoing AIDS epidemic, but the company had zero sales of the drug. Hamied asked the Indian government to distribute it, but they refused. Cipla discarded all the medicine—about 200,000 capsules.
Hamied then strove to manufacture a cocktail of three effective AIDS drugs, producing them as one capsule. Meanwhile, South Africa, under the leadership of Nelson Mandela, altered its laws to sidestep trade agreements, so that the country could import lower-cost medicine, but this was met with a huge backlash from the larger, global pharmaceutical companies, colloquially known as “Big Pharma.”
Hamied spoke at a disease conference and tried to offer Cipla’s AIDS medicine at an incredibly affordable price, but he received no interest. Eventually, a story was picked up in the news: Hamied was offering the AIDS cocktail at a price of $1 a day. Public fury turned against Big Pharma. In 2003, President Bush announced that the US government would spend $15 billion on combating AIDS and established the President’s Emergency Plan for AIDS Relief (PEPFAR) program, which aimed to provide access to affordable antiretroviral drugs in developing countries. The drugs had to meet the FDA’s standards.
In 2005, Ranbaxy was the Indian first generics company to get approved to sell its AIDS drug via PEPFAR.
Malik left Ranbaxy and later became chief operating officer of Matrix Laboratories, another Indian company. The American name-brand drug company Mylan acquired Matrix Laboratories in 2005. Eban describes Mylan as a company keenly focused on quality and process. By contrast, Malik was trained at Ranbaxy, where profits were prioritized over all else.
Eban describes how difficult it is for generic drug companies to manufacture a drug: They must reverse-engineer the original name-brand drug and then develop a manufacturing process that replicates the efficacy and safety of the name-brand drug, all while ensuring the process is different—and ideally faster—than the one used by the brand-name company.
As the head of Matrix, Malik seemed to master the “tensions between cost, quality, and speed, using cleverness,” a kind of cleverness that was distinct from “Jugaad—taking ethically dubious shortcuts to get as quickly as possible to the desired goal. The word connoted a compromise on quality” (100).
Thakur and his team dove into the assignment that Kumar had tasked them with. They were meant to investigate Ranbaxy’s data practices and determine which data was false and which was true.
The team discovered that Ranbaxy was committing fraud on a wide scale. The company used falsified data in manufacturing and testing all of its drugs, and the severity of the fraud depended the drug’s target market. Employees falsified all, or nearly all, of the data for drugs that were intended for lower-income countries.
Kumar presented these findings to the executives of the company in what would later become an infamous document, called the Self-Assessment Report (SAR). Tempest, the CEO, asked for the data to be destroyed; he wanted all copies deleted and the computer it was created on dismantled. Kumar resigned from the company.
After Kumar left, Thakur was hassled by the “secret police of the company,” the company’s internal auditors. They falsely accused Thakur of browsing porn on his computer (116). Thakur then resigned.
Eban introduces a compelling contrast between Cipla and Ranbaxy, complicating the narrative around Indian generic drug companies as solely profit-driven and unethical. By highlighting Dr. Yusuf Hamied’s efforts at Cipla to provide affordable AIDS medicine and his altruistic motivations rooted in the legacy of Ghandi, Eban challenges the prevailing perception of Indian generics. This case study provides a more nuanced view of the diverse motivations and values within the Indian pharmaceutical industry, complicating the topic of Corporate Attitudes and Regulation. It adds depth to the exploration of the industry’s ethical landscape, showing that not all Indian generic drug companies share the same profit-centric approach.
The revelation of the extent of Ranbaxy’s fraud and unethical practices is a pivotal moment in the narrative. Eban unveils the systematic deception employed by Ranbaxy, exposing how the company falsified data in manufacturing and testing across its drug portfolio. The severity of the fraud being contingent on the market reveals a deeply ingrained culture of deception within the company. The differentiation in the level of deceit based on the destination of the drugs adds a layer of calculated malevolence, indicating that Ranbaxy knowingly compromised the safety and efficacy of drugs intended for lower-income countries. This revelation serves as a turning point in the narrative, intensifying the ethical dilemma faced by characters like Thakur and underscoring the urgent need for regulatory intervention.
The narrative progression in Part 2 unravels the intricate web of Ranbaxy’s fraud, showcasing how deeply embedded these unethical practices were in the company’s culture. Eban meticulously details the widespread falsification of data in both manufacturing and testing processes, illustrating the pervasiveness of the fraudulent practices. The intentional manipulation of data not only jeopardizes the safety and efficacy of the drugs, but also highlights the systemic nature of the deception. The extensive reach of these unethical practices across various drugs and markets underscores the urgent need for comprehensive reform within the pharmaceutical industry and The Importance of Manufacturing Safeguards.
Eban reveals the aftermath of the discovery of Ranbaxy’s fraud, particularly the reaction of the company’s leadership. The request by CEO Brian Tempest to destroy the evidence, as documented in the SAR, is a damning revelation. The attempt to erase any trace of the fraudulent practices indicates a conscious effort to evade accountability and raises questions about the company’s commitment to rectifying the ethical breaches. The subsequent resignation of Dr. Rajinder Kumar, a whistleblower, further emphasizes the moral dilemma faced by individuals within the company. The SAR becomes a symbol of the internal strife and ethical compromises within Ranbaxy, setting the stage for the larger repercussions that will unfold in the narrative.
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