Legislation to control drug prices advances from committee to full Senate

The legislation would enhance the Federal Trade Commission's ability to initiate enforcement actions against drug companies.

Proponents said the bills target tactics used by drug companies to extend patent protections and stifle competition from less-expensive generic and biosimilar drugs. (Photo: Shutterstock)

The U.S. Senate Judiciary Committee in late July voted unanimously to advance four pieces of legislation aimed at reining in prescription drug prices. The legislation, which would enhance the Federal Trade Commission’s ability to initiate enforcement actions against drug companies, now moves to the Senate floor for a vote.

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Proponents said the bills target tactics used by drug companies to extend patent protections and stifle competition from less-expensive generic and biosimilar drugs. Sen. Dick Durbin, D-Ill., who co-sponsored the legislation, specifically mentioned Humira from AbbVie. The drug has 130 patents, 90% of which were obtained after its initial approval, he said.

Eliot Fishman, director of health policy at Families USA, a consumer health care advocacy organization pushing for drug price reforms, lauded the initiative.

“Effective prescription drug reform needs to get prices down and also close off dysfunctional incentives that suppress innovation,” he said. “The Judiciary Committee took a major step to the second part of this agenda. We are optimistic that both Medicare prescription drug negotiation and reforms to patent, pay for delay and PBM abuses will become law in this Congress.”

Sen. Chris Coons, D-Del. cautioned against lumping all pharmaceutical companies together.

“I agree with the general proposition across these four bills,” he said. “But I also am concerned that we continue to protect the patent system itself. Overly aggressive use of the tools created in this legislation could sweep up good actors as well as bad actors and could have unintended negative consequences.”

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