A generic inhaler is a handheld device which propels anti-inflammatory medication into constricted airways and which, because it is unpatented, tends to be significantly cheaper than its name-brand counterparts. As of 1 January 2009, generic inhalers have been removed from the US market due to their ozone-damaging chlorofluorocarbon (CFC) content. Drug patent laws prohibit the release of a CFC-free generic inhaler on the US market until 2012 or later. While the elimination of CFC inhalers represents a positive step for US environmental law, it poses difficulties for those with respiratory conditions, who must purchase often-expensive name-brand inhalers.
As with all generic drugs, while the active ingredients contained in a generic inhaler are the same as those contained in name-brand products, it is not patented. It thus tends to be sold at a cheaper price than name-brand inhalers. In the past, generic inhalers have provided an affordable option to those with respiratory conditions and limited incomes.
All generic inhalers formerly available on the US market, however, contained the environmentally damaging CFC, an ingredient which acted to propel the inhaler’s medicinal contents into the lungs. In accordance with a 2005 law, CFC-containing inhalers were removed from the US market as of 1 January 2009. Brand-name drug manufacturers developed CFC-free inhalers to replace their now-banned products. Instead of CFC, these new inhalers use the less-damaging hydrofluoroalkane (HFA) as a propellant. Due to patent laws, however, generic drug companies cannot introduce a generic HFA inhaler until 2012 or later.
From an ecological perspective, the CFC inhaler ban is a positive step for US environmental law. In fact, the ban represents just one part of a larger effort by the US to phase out the nation’s use of substances which deplete the ozone layer. This effort is being made in accordance with the Montreal Protocol, a treaty created in 1987 to protect the ozone layer by eliminating global dependency on destructive substances.
In spite of these environmental benefits, however, the removal of the generic inhaler from US markets has proved problematic for many who suffer from respiratory conditions. Until the patent for brand-name HFA inhalers expires — an event not expected to transpire until 2012 or later — drug companies cannot begin to produce generic versions of the devices. Therefore, as of September 2010, inhaler users have no option but to purchase name-brand HFA inhalers, which are estimated to cost a minimum of $20 US Dollars (USD) more than the sales price of generic CFC devices at the time of their removal from the market.
