Sen. Kohl Introduces Bill To Stop Generic Drug Payments
February 03 2009 - 3:42PM
Dow Jones News
Senate Judiciary Committee members on Tuesday re-introduced a
bill that would prohibit pharmaceutical companies from making
payments to delay generic and cheaper versions of their drugs from
reaching the market.
The bill comes a day after the U.S. Federal Trade Commission
said it filed a lawsuit charging three drug makers with
collaborating to postpone generic versions of a
testosterone-replacement drug.
Generic drugs are essentially identical to brand-name drugs but
are sold at a substantial discount, undercutting the market for the
brand-name product. Pharmaceutical companies have resorted to
making deals to pay companies to keep a generic drug off the
market. Such moves have drawn criticism from Congress and consumer
groups as it's widely believed generic drugs save consumers
billions of dollars annually.
"It's time to stop these drug company pay-for-delay deals that
only serve the profits of the companies involved and deny consumers
access to affordable generic drugs," said Senate Judiciary
Committee member Sen. Herb Kohl, D.-Wis. Senators Chuck Grassley,
R.-Iowa, Russ Feingold, D.-Wis., Dick Durbin, D.-Ill., and Sherrod
Brown, D.-Ohio, sponsored the legislation.
Kohl first introduced the bill last year. It's unclear what will
happen with the bill, but President Barack Obama said during his
campaign that he supported the legislation.
The FTC has asked Congress to crack down on these payments,
saying they may end up costing consumers billions of dollars.
Monday, the FTC announced a lawsuit alleging that Brussels-based
Solvay Pharmaceuticals Inc., the maker of the testosterone drug
AndroGel, entered into an illegal agreement with generic drug
companies Watson Pharmaceuticals Inc. (WPI) and Par Pharmaceutical
Cos. (PRX) to delay the introduction of a generic competitor.
Although the FTC has gone after these sort of agreements, it's
unclear whether they are illegal as the Supreme Court hasn't ruled
on the issue.
- By Jared A. Favole, Dow Jones Newswires; 202-862-9207;
jared.favole@dowjones.com
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