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Drug Competition Enhancement Act: Stopping Tactics That Block Cheaper Generic Drugs.

This law aims to lower prescription drug costs by banning pharmaceutical companies from using "product hopping" strategies. This tactic involves withdrawing an older drug version just before a cheaper generic alternative enters the market, forcing patients onto a newer, more expensive version. The ban should ensure that affordable generic and biosimilar drugs reach consumers faster, saving them money.
Key points
Prohibits drug manufacturers from withdrawing or destroying inventory of an original drug while simultaneously marketing a modified version to block generic competition (hard and soft switches).
Empowers the Federal Trade Commission (FTC) to sue companies engaging in these unfair practices and seek remedies like recovering unjust profits (disgorgement).
The primary benefit for citizens is faster market entry for cheaper generic and biosimilar drugs, leading to reduced personal healthcare expenses.
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Status: Placed on Calendar
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Additional Information
Print number: 119_S_1040
Sponsor: Sen. Cornyn, John [R-TX]
Process start date: 2025-03-13