Counterfeit medicines can be controlled

By Ayoki Onyango

Kenya faces a serious problem linked to the marketing, importation, distribution, sale and consumption of counterfeit medicines. Those involved in the importation and sales of illegal medicines usually take advantage of lack of knowledge by the public to confuse them that counterfeit medicines are just cheap generic versions of the patented medicines.

Counterfeit medicines are illegal, ineffective, unregistered and some, even poisonous. They can and have caused deaths. Even developed nations are not spared as it is believed that 10 per cent of all medicines in circulation in the First World are counterfeits.

This menace can only be solved if professionals, their associations and related industries or agencies take appropriate steps associated with basic social responsibility. This will be important in Kenya, which has been targeted as suitable destination by international counterfeit medicine manufacturers.

Kenya serves as a diffusion point for all sorts of counterfeit and unregistered drugs. However, it is important that stakeholders, including Kenya Association of Pharmaceutical Industry, Pharmaceutical Society of Kenya,, Pharmacy and Poisons Board, and Kenya Association of Manufacturers, Kenya Bureau of Standards, Federation of Kenya Pharmaceutical Manufacturers, Anti-Counterfeit Agency, Kenya Medical Association and National Quality Control Laboratory with the financial assistance from US Department of State, have taken the war against counterfeiting a notch higher.

They have organised workshops and sponsored activities to educate the public and medical community on the need to take the right medicines and vaccines in the right doses.

The activities and workshops aim at helping medics, and the general public to identify genuine medicines from the counterfeit ones.

This indicate that experts know dangers linked to the consumption of counterfeit products and the importance of communicating the same to the public to expose the counterfeits.

mass murder

It is also important to note the difference between generic drugs and counterfeits. Generics are manufactured by companies other than the original patent holders on permission after the expiry of the stipulated period.

The aim is to meet the needs of low income earners who cannot afford their healthcare needs. Even generic medicines are counterfeited by the fraudsters or racketeers.

So the fear from some quarters is not about importing cheap generic drugs, by the multinational drug firms as some people would want the public to believe — but the fear is that unscrupulous medicine dealers are taking advantage of the law of parallel importation to intentionally bring in counterfeit medicines.

Fake medicines pose a real threat to Kenyans and also result in loss of billions of shillings due to the Government and genuine medicine dealers. Counterfeiting harms production and trade of legitimate goods.

It is a crime against humanity, just like mass murder and trafficking hard drugs like cocaine and heroin thus it deserves stiffer penalties than what is currently in place or what is provided under Anti-counterfeit Act 2009.

While Kenya’s medical experts say it is difficult to know the exact percentage or the magnitude of the counterfeits in the market due to lack regular post-market surveillance, the latest WHO report says about 30 per cent of all medicines in the market are counterfeits.

This is costing Government dearly in terms of tax payments as well as the pharmaceuticals industry since counterfeiters usually target drugs/medicines in high demands like painkillers, anti-malarials and antibiotics.

The Anti-Counterfeit Act that banned counterfeit medicines did not ban generics — so there is no way genuine generic drugs can be said to be counterfeit medicines.

The Government must adequately fund its medical agencies to carry out their work effectively and efficiently.

Post-market surveillance is required regularly. All registered drugs must be regularly tested and operations to flush out illegal drugs must be carried out all the time.

—The writer is a media consultant and a student at Kenya School of Law.

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