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History of Generic Drugs in the United States: How Cheaper Medicines Became the Standard
16Nov
Kieran Fairweather

Before generic drugs became the norm, most Americans paid full price for every prescription. Today, over 90% of prescriptions filled in the U.S. are for generic medicines. But this wasn’t always the case. The rise of affordable, life-saving generics didn’t happen by accident-it took over 150 years of legal battles, public health crises, and political pressure to get here.

The Roots of Drug Standards: 1820-1906

The story begins in 1820, when eleven doctors gathered in Washington, D.C., and created the first U.S. Pharmacopeia. Their goal? To stop pharmacies from selling fake or weak medicines. Back then, there were no rules. A bottle labeled "morphine" might contain chalk, sugar, or worse. The Pharmacopeia listed approved ingredients, strengths, and methods for making drugs. It wasn’t law-but it was the first step toward standardization.

By 1848, Congress passed the Drug Importation Act, giving U.S. Customs the power to inspect and block unsafe drugs coming from overseas. This was a big deal. At the time, many medicines were imported from Europe and China, with no quality checks. The law didn’t stop all bad drugs, but it gave the government a tool to act.

In 1888, the American Pharmaceutical Association released the National Formulary, a companion to the Pharmacopeia. It helped pharmacists identify legitimate products and avoid counterfeits. These early efforts laid the groundwork for what would become the Food and Drug Administration.

The Elixir Sulfanilamide Tragedy and the Birth of Modern Regulation

In 1937, a pharmaceutical company marketed a new antibiotic called Elixir Sulfanilamide. It was dissolved in diethylene glycol-a toxic chemical used in antifreeze. Over 100 people died, mostly children. The public outcry was immediate. There was no law requiring drug companies to prove their products were safe before selling them.

That same year, Congress passed the Federal Food, Drug, and Cosmetic Act (FDCA). For the first time, drug makers had to prove safety to the FDA before marketing. This law created the modern system of drug approval. It also gave the FDA authority to inspect factories and seize dangerous products.

In 1951, the Durham-Humphrey Amendment split drugs into two categories: prescription and over-the-counter. This made sense. Some medicines were too risky to use without a doctor’s guidance. Others, like aspirin, were safe enough for anyone to buy. This system still exists today.

The Kefauver-Harris Amendments: Proving That Drugs Actually Work

By the early 1960s, the FDA had approved hundreds of drugs based only on safety. But many had no proof they worked. That changed with the Kefauver-Harris Drug Amendments of 1962.

The catalyst was thalidomide, a drug used in Europe to treat morning sickness. It caused severe birth defects in thousands of babies. In the U.S., it was never approved-but only because a young FDA reviewer, Frances Kelsey, refused to sign off without more data. Her actions saved countless American babies.

The new law required drug companies to prove both safety and effectiveness. Every drug approved after 1962 had to pass clinical trials. Even drugs already on the market had to submit evidence of effectiveness. This was a massive shift. It made drug approval slower and more expensive-but it also made medicines more reliable.

Medicare, Medicaid, and the Push for Cheaper Drugs

In 1965, Congress created Medicare and Medicaid, two federal health programs that covered millions of elderly and low-income Americans. Suddenly, the government was paying for a huge portion of prescription drugs.

Brand-name drug companies raised prices. The government didn’t have the power to negotiate lower costs. So lawmakers started pushing for generics. In 1967, new rules encouraged Medicare and Medicaid to use generic versions whenever possible. It wasn’t mandatory yet-but it was a signal: cheaper drugs were now a public health priority.

Ghostly children fading into rain-soaked street as a toxic medicine bottle glows red on pavement.

The Hatch-Waxman Act: The Turning Point

By 1984, generics made up just 19% of prescriptions. Most brand-name drugs had long patent protections, and no clear path existed for companies to make copies. That changed with the Drug Price Competition and Patent Term Restoration Act-better known as the Hatch-Waxman Act.

This law created the Abbreviated New Drug Application (ANDA). Instead of running expensive clinical trials, generic manufacturers only had to prove their drug was bioequivalent to the brand-name version. That meant the same active ingredient, same dose, same way of being absorbed by the body. The FDA didn’t need to retest safety or effectiveness-just proof that it worked the same way.

Hatch-Waxman also gave brand-name companies a 30-month extension on their patents if a generic maker challenged them in court. This was meant to balance innovation and competition. But over time, it became a tool for delay. Some companies sued generic makers just to keep prices high, even when their patents were weak.

The result? By 2000, generic drugs accounted for over 50% of prescriptions. By 2022, that number hit 90.5%.

Cost Savings and Market Growth

The numbers speak for themselves. In 2021, generic drugs saved the U.S. healthcare system $373 billion. Over the past decade, total savings exceeded $3.7 trillion. The Congressional Budget Office found that generics cut prescription costs by 80-85% compared to brand-name drugs.

And yet, generics make up only 23.4% of total drug spending. That’s because they’re so cheap. A 30-day supply of generic lisinopril might cost $4. A brand-name version of the same drug could cost $100 or more.

The FDA now oversees more than 22,000 generic drug products and 13,000 manufacturing facilities worldwide. About 900 new generic applications get approved each year.

Quality Issues and Supply Chain Risks

For all their success, generics have faced serious problems. Between 2018 and 2022, the FDA recorded 1,234 drug shortages. Two-thirds of them involved generic drugs.

Why? Because the market is intensely competitive. Many generic manufacturers operate on razor-thin margins. When a drug’s price drops too low, companies stop making it. Others cut corners on quality control.

In 2018, a JAMA study found that 15% of generic drugs saw price spikes of over 100% between 2013 and 2017. These weren’t new drugs-they were old, off-patent medicines like doxycycline and digoxin. The reason? Fewer companies were making them. When only one or two manufacturers remain, they can raise prices without fear of competition.

Another major issue: supply chains. About 80% of the active ingredients in U.S. generic drugs come from factories in China and India. The FDA inspects these facilities, but not as often as it would like. When a factory fails inspection-or gets hit by a natural disaster, pandemic, or political unrest-doctors and patients feel it.

Global pharmaceutical supply chain connects factories to U.S. hospital under a glowing FDA shield.

Modern Reforms: GDUFA and the CREATES Act

In 2012, Congress passed the Generic Drug User Fee Amendments (GDUFA). This allowed the FDA to collect fees from generic manufacturers to fund faster reviews. Before GDUFA, it took an average of 30 months to approve an ANDA. Now, it takes about 10 months. Approval rates jumped from 45% to 95%.

In 2019, the CREATES Act closed another loophole. Some brand-name companies had been blocking generic makers from getting samples of their drugs. Without those samples, generics couldn’t even test for bioequivalence. The CREATES Act made this illegal. As of December 2022, the FDA had taken 27 enforcement actions under the law.

The Future: Biosimilars and Beyond

The next frontier is biosimilars. These are generic versions of biologic drugs-complex medicines made from living cells, like insulin, Humira, or Enbrel. Unlike small-molecule generics, biosimilars can’t be exact copies. They’re "similar enough" to be approved under special rules.

The first biosimilar was approved in 2015. Since then, over 30 have reached the U.S. market. They’re still expensive-often $10,000 a year-but much cheaper than the original biologics. Experts predict biosimilars will make up a growing share of prescriptions by 2027.

Why This Matters

Generic drugs aren’t just a cost-saving trick. They’re a public health necessity. Without them, millions of Americans couldn’t afford their prescriptions. A diabetic might skip insulin. A heart patient might stop taking blood pressure meds. The consequences are deadly.

The history of generics shows that progress isn’t automatic. It takes laws, oversight, and constant pressure. The system works-but it’s fragile. When manufacturers leave a market, when supply chains break, when patents are abused, people pay the price.

The goal isn’t to eliminate brand-name drugs. Innovation matters. But the goal is to make sure that when a drug’s patent expires, the next version is affordable, reliable, and available.

Are generic drugs as safe as brand-name drugs?

Yes. The FDA requires generic drugs to have the same active ingredient, strength, dosage form, and route of administration as the brand-name version. They must also meet the same strict standards for purity, potency, and quality. Generic drugs are tested for bioequivalence-meaning they work the same way in the body. Millions of people use generics safely every day.

Why are generic drugs cheaper?

Generic drug makers don’t have to repeat expensive clinical trials to prove safety and effectiveness. They only need to show their product is bioequivalent to the brand-name drug. This saves hundreds of millions of dollars in research costs. Also, once multiple companies start making the same generic, competition drives prices down.

Can generic drugs have different side effects?

The active ingredient is identical, so the main side effects are the same. But generics can contain different inactive ingredients-like fillers, dyes, or preservatives. For most people, this doesn’t matter. But if you’re allergic to a dye or have a rare sensitivity, you might react differently. If you notice new side effects after switching to a generic, talk to your doctor or pharmacist.

Why do some generic drugs have shortages?

Many generic drugs are made by just one or two companies, often overseas. If one factory shuts down due to quality issues, natural disaster, or financial loss, supply can dry up. Low profit margins mean companies sometimes stop making a drug if the price drops too far. The FDA tracks these shortages, but there’s no easy fix-unless more manufacturers enter the market.

What’s the difference between a generic and a biosimilar?

Generics are copies of small-molecule drugs made with chemicals. Biosimilars are copies of large, complex biologic drugs made from living cells. Because biologics are harder to replicate, biosimilars aren’t exact copies-they’re "highly similar" with no clinically meaningful differences. Biosimilars are newer, more expensive, and harder to make than traditional generics.

How does the FDA ensure generic drugs are high quality?

The FDA inspects manufacturing facilities both in the U.S. and abroad. Before approving a generic, the agency reviews data on the drug’s chemistry, manufacturing, and testing. After approval, the FDA monitors adverse events and conducts random inspections. In 2022, the agency inspected over 3,000 generic drug sites worldwide.

Can I trust a generic drug from India or China?

Yes-if it’s approved by the FDA. Many top generic manufacturers are based in India and China, and they’re subject to the same FDA inspections as U.S. plants. The agency has found violations at some foreign facilities, but it also approves thousands of products each year from these countries. The key is FDA approval, not where the drug is made.