Rep. Marie Gluesenkamp Perez, D-Washougal, and two fellow Democratic representatives have introduced legislation to protect consumer access to generic drug options.
Gluesenkamp Perez joined Reps. Sean Casten, D-Illinois, and Gerry Connolly, D-Virginia, in introducing the Protecting Consumer Access to Generic Drugs Act of 2023. In a news release, Gluesenkamp Perez said the legislation would end “Pay-for-Delay” practices with drug companies.
According to Gluesenkamp Perez, drug manufacturers pay patent settlements to generic drug manufacturers to stay out of the market. The legislation would end this practice, and give the Federal Trade Commission additional enforcement authority.
“Big Pharma shouldn’t be able to limit peoples’ access to low-priced, life-improving generic drugs for the sake of corporate profit. It’s already hard enough for folks to access affordable prescriptions without anticompetitive meddling — especially in rural communities,” Gluesenkamp Perez said in a statement. “I’m introducing the Protecting Consumer Access to Generic Drugs Act so families across Southwest Washington can save money and have more choices when they fill their prescriptions.”
According to Gluesenkamp Perez, Americans pay between $6.2 billion and $37 billion in additional costs because of “Pay-for-Delay.”
“It is unconscionable that drug companies take advantage of hard-working Americans by enabling sky-high prices,” Casten said in a statement. “The pay-for-delay practice limits competition and forces folks to pay more for the medications they need. I’m proud to support this bill that allows for consumers to access affordable medication and creates a more robust generic drug market.”
According to a legislation summary, the bill would prohibit brand name, generic and biosimilar drug manufacturers from entering into “certain agreements” to resolve patent infringement claims. The bill includes potential civil penalties for violation and the loss of a 180-day exclusivity period for generic drugs.
“It’s time we put an end to the harmful pay-for-delay practice,” Connolly said in a statement. “This important legislation builds on the progress made in the Inflation Reduction Act to drive down prices and ensure Americans can afford the medications they need. I’m proud to join my colleagues in introducing it today.”
