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Affordable Prescriptions Act: Prohibiting Product Hopping

This bill amends the Federal Trade Commission Act to prohibit "product hopping." This practice involves withdrawing a reference drug or making changes that impede competition from generic and biosimilar drugs.
Key points
Defines and prohibits "hard" and "soft" switches by manufacturers that impede competition from generic or biosimilar alternatives.
Authorizes the Federal Trade Commission (FTC) to seek equitable remedies, including disgorgement of unjust enrichment and restitution, from violators.
Limits the number of patents (to 20) that a reference product sponsor can assert in infringement actions against biosimilar applicants.
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Additional Information
Print number: 117_S_1435
Sponsor: Sen. Cornyn, John [R-TX]
Process start date: 2021-04-28