Fournier Loses Appeal Over Generics

The French Mutualite health fund is to launch its Guide to Comparable Specialties, following an appeal court hearing in Paris which reversed an earlier decision in favor of Labs Fournier (Marketletter September 30).

Fournier, which must pay the fund 10,000 French francs ($1,928), started a legal action following comparisons made in the Mutualite's guide between Fournier's leading product Lipanthyl (fenofibrate) with two cheaper drugs, Ratiopharm's Fenofibrat and Biotherapie's Secalip. Fournier succeeded in the first legal round, but the appeal court then annulled this judgement, saying in effect that the Mutualite had been set up to compare drugs regarded as "directly comparable" by the Transparency Commission, and given that the guide was to be sent to doctors and that all drugs involved were prescription-only.

The court has now formally cleared the way for open information on cost comparisons between different branded drugs based on the same active agent. This definition embraces the entire generic sector. The Mutualite said it was pleased with the result; doctors would now benefit from independent information to make a free choice of drug "in the medical and economic interests of the sick."