A Truth Pill in a Bottle of Lies
Medicines are supposed to make you feel better. There may well be side effects, but on the whole, the outcome of taking a medicine is an overwhelmingly positive one. Unless that medicine happens to be a cough syrup that contains DEG.
If you have been meditating in a cave or under a rock, or just been in a bubble due to the pandemic, you may have missed the news of children dying every now and then of cough syrup. We have known for more than 50 years now that DEG is a fatal contaminant in cough syrups but sadly, it continues to occasionally kill kids in India and most recently, in Gambia. In an eerie and entirely unwanted coincidence, The Truth Pill by Dinesh Thakur and Prashant Reddy starts with “An Epidemic of DEG Poisoning and Regulatory Failure” as its prologue. The book, of course, was released only days after the tragedy in Gambia.
In some ways, ‘The Truth Pill’ feels like a follow up on an earlier book, ‘Bottle of Lies’ by Katherine Eban. This feeling manifests especially strongly in the case of Chapter 6: ‘Can ‘Made in India’ Generic Medicine be Trusted?’
In many ways, the Truth Pill reinforces the key themes of Eban’s excellent book – poor manufacturing standards and quality control, and negligent regulators in the pharma industry. ‘Bottle of Lies’ should have been a wakeup call for the Indian pharma sector. Thakur, a well known public health activist with great depth and breadth of knowledge of the pharmaceutical industry and Reddy, a rare case of a lawyer who became an academician, lucidly tell us how the world (and not just India) is at risk from the Indian pharma sector. The book is likely to make you paranoid about every pill you take especially since it is easy to read despite being meticulously referenced, a la Manu Pillai and William Dalrymple. Given Thakur’s meticulous nature, and the fact Reddy was a student of the enigmatic, late Prof Shamnad Basheer, this isn’t exactly a surprise.
If you are living in the previous century but happen to visit the present using a time machine, you will notice that the book addresses issues in the medical business that are just the same now as they were then. We have now, as we did then, miracle cures advertised by dubious snake oil merchants. We also have drugs of extremely poor quality. A bad situation is then exacerbated by the recklessness of government and regulators not caring about the lives of its own citizens, let alone people in other countries where these substances are being exported. Throw in the influence of the pharma industry on law making and enforcement, a well-oiled PR machinery to resist effective regulations and enforcement and it is hardly a surprise that lives are still being needlessly sacrificed as a tragic consequence.
One of the book’s underrated strengths is its reliance on two factors: extensive research and proactive RTI applications. It is therefore able to provide a good summary of everything that’s wrong with India’s medical care industry. One wishes this were not the case, but notwithstanding the book’s excellent recommendations for reform, it also makes clear why one shouldn’t be optimistic about the situation getting better any time soon.
At the heart of the book is a severe indictment of the regulator. Page after page exposes how the government seems to be doing everything it can to ensure that the regulator is nothing more than a champion of the pharma industry, even at the cost of people’s lives.
The book has extensive data showing how in every instance, the government and the regulator (i) refuse to have appropriate legislative instruments to empower them, (ii) undermine the law by issuing guidelines to officers directing them not to prosecute criminals, (iii) discourage drug inspectors from collecting evidence of dangerous drugs (iv) ensure that laboratories are so ill equipped that they cannot test drugs for adherence to statutory quality standards (v) do not appoint enough staff to be able to enforce regulations (vi) encourage prosecutors to file poor evidence and for criminals to be either acquitted or discharged in most cases (vii) are happy to have the judiciary treat criminals with a petty fine in the few cases where they are held guilty (viii) do not press for even the statutory minimum sentences and (ix) even when it is known that there is a fatal product being sold, nothing is being done to recall them quickly, as is common in the USA and other developed nations, to prevent further injury or loss of lives. These issues have been discussed for almost 90 years now and yet they remain ever more potent in India.
We must confess that we couldn’t believe that the situation was quite as bad as the book makes it out to be. One of us checked all of the reported cases in the High Courts and the Supreme Court for instances where the statutory minimum punishment was awarded. We shouldn’t have been shocked by the result – Dinesh Thakur and Prashant Reddy had done their research thoroughly – there wasn’t one case in almost 70 years for which we were able to successfully search the SCC Online database.
Why doesn’t any other country have frequent DEG or tragedies of a similar nature? The book tells us that pharma companies there (i) are allowed by the drug regulator to manufacture only those drugs that have proved to be effective in rigorous clinical trials and only after the facility is inspected thoroughly for strict compliance with Good Manufacturing Practice (ii) are careful to purchase raw materials only from approved suppliers who have good manufacturing practices (ii) test the raw materials to the quality standards in the US pharmacopeia (iii) test for quality standards at various stages of manufacturing (iv) maintain accurate manufacturing records and product samples for future testing (v) when quality issues arise, immediately recall all products (vi) identify the root cause of the quality issue and implement corrective and preventive actions.
Moreover, the pharma regulator there is (i) transparent about its working – particularly approvals, inspections and enforcement actions, and (ii) diligent about performing its duties, the most important being protection of the health of the people. As a result, all stakeholders are incentivized to comply with the law. Those who try to cut corners are severely punished with fines and imprisonment, a clear disincentive to try to evade the law.
The book makes a larger point about India and Indians - there is no incentive to comply with the law, there is a huge incentive to violate the law to make profits, there is no risk of punishment for ignoring the law and the state whose raison d’etre is protection of the people is a perpetrator in the crime. It should make every one of us wonder – are we a civilized nation governed by the rule of law? Sadly, it seems like the lawless Wild West, with fearless cowboys and gunmen and a complicit government and regulator.
For all those who are now ready to claim the greatness of Ayurveda and homeopathy, please sit down and have a glass of cold water. Please read the approved Ayurvedic texts listed in the Schedule to the Drugs Act to realize how scary and irrational the remedies listed there are. Please check the ingredients in these potions to understand the risk to health, how easily these are approved and advertised without a shred of scientific evidence, and the lack of actual standards for their manufacturing.
The regulatory framework is, if you can even imagine it, much worse there and the consequences for patients are much worse than in modern medicine. When the government tried to update the law so that all claims (Ayurveda, Unani, Siddha and Homeopathy) are subject to a scientific standard, and only scientific claims are allowed to be made about the products, several Indian and even multinational companies like Reckitt Benckiser (Strepsils, Moov, Krack cream and Dermicool talcum powder) and GSK (Eno and Iodex are claimed to be Ayurvedic products) cried foul and had the amendments stayed by the Delhi High Court in 2019. That injunction continues without the issue being resolved by the court.
There is so much wrong with India’s drug industry that it could be a Netflix series, starting with the sequence of disastrous steps taken during the pandemic - advocating widespread use of HCQS, Virafin, Favipiravir and ivermectin, homemade “kadhas'' and other dubious “immunity boosters”, approving vaccines without adequate clinical trials and even ignoring the nudge from the Supreme Court on using TRIPs flexibilities to ensure adequate supplies of essential drugs and equipment. Sadly, despite all this, issues of health and the current state of drug regulation gets no mention in political debates. Health activists fighting for patients get no platform and courts have ignored them, or even worse, actively prevented them from seeking to make the regulator accountable while every day patients die.
Rather than seeing the book as a depressing list of all the maladies of the pharma sector, one ought to read it to understand the various issues and then appreciate the recommendations that the authors make to address these. To dismiss the book, as some have tried to do and dissing it as a ‘part of a global conspiracy to malign India’ is the reason that we continue to have dangerous products in the pharmaceutical market. There is much to be proud of when it comes to being the pharmacy of the world but, as Thakur and Reddy show us, there are far too many dangerous players here. The way to save India’s reputation is to reform quickly to eliminate these rotten apples.
One may read the authors’ recommendations for reform and wonder why these reasonable suggestions, many of which have been made before, haven’t been implemented. Many of these issues have been discussed for more than a century and they aren’t unique to India. Other countries have learnt that scientific evidence and objective data should inform policy making. They have reformed their regulatory ecosystem by actively responding to challenges as and when they have arisen. Why won’t India and Indians learn?
“What we have learnt from history is that we don’t learn from history.”
Despite the disappointing history of the pharmaceutical sector that the book describes, I hope that it will spark reform in the pharmaceutical industry and India will take its place as a leader in global healthcare. It's been long overdue. India deserves it. The world needs it. Thakur and Reddy have done us a great service and we owe them a huge debt of gratitude. The least we could do is to read the book to be more aware of what’s happening to us. It should move us to demand more from the government.