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posted by chromas on Sunday June 30 2019, @05:12AM   Printer-friendly
from the we're-sick-of-it dept.

Sneaky deals are keeping cheaper generic medicines off the market

A bill — AB 824 — now making its way through the Legislature would prohibit agreements among drug companies involving "anything of value" changing hands to delay introduction of a generic alternative to a brand-name medicine.

The legislation already has been passed by the Assembly. It's scheduled to be voted upon Wednesday by the Senate Health Committee.

"We know these agreements happen. Everyone knows it," Assemblyman Jim Wood (D-Healdsburg), the author of the bill, told me.

[...] About 90% of all U.S. drug sales involve generics, which are intended to be cheaper alternatives to brand-name drugs once a sufficient amount of time has passed for the original maker to recoup its research and development costs.

Healthcare advocates say pharmaceutical companies figured out years ago that they can reap even greater profits by encouraging generic manufacturers to stay away from some of the most lucrative brand-name meds.

This is typically done by direct payments or promises of profit sharing, or by the brand-name maker pledging not to bring out its own "authorized" generic to compete directly with the generic manufacturer. The deals are often reached during settlements of patent litigation.

The Federal Trade Commission estimates that pay-for-delay deals cost American consumers $3.5 billion a year in the form of higher drug prices.

"Pay-for-delay agreements are 'win-win' for the companies," the FTC said in a 2010 study. "Brand-name pharmaceutical prices stay high, and the brand and generic share the benefits of the brand's monopoly profits."

A more recent analysis by the California Public Interest Research Group found that pay-for-delay deals keep cheaper generics off the market for an average of five years after patent rules allow their introduction.

This allows drug companies to charge for a brand-name med as much as 33 times what a generic alternative would cost, the analysis found.


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  • (Score: 1) by anubi on Sunday June 30 2019, @10:23PM (3 children)

    by anubi (2828) on Sunday June 30 2019, @10:23PM (#861739) Journal

    Why can't asthma medicine be administered via commonly available vape pens?

    --
    "Prove all things; hold fast that which is good." [KJV: I Thessalonians 5:21]
  • (Score: 1, Informative) by Anonymous Coward on Sunday June 30 2019, @11:04PM (1 child)

    by Anonymous Coward on Sunday June 30 2019, @11:04PM (#861749)

    Asthma inhalers cost around $7 each over the counter no prescription required in Australia these days.
    So long as you only buy one or two.

    • (Score: 1, Informative) by Anonymous Coward on Monday July 01 2019, @12:57AM

      by Anonymous Coward on Monday July 01 2019, @12:57AM (#861774)

      I am not aware of any location anywhere in the world where Advair/Seretide is over the counter. The item you describe is most likely a rescue inhaler with Albuterol. It is not designed as a asthma management treatment but as an emergency medicine device like an Epipen to treat an asthma attack. They cost around $45 in the US and are prescription only here. They used to cost around $20 but the propellant was changed because of EPA rules and it magically became a new product.

  • (Score: 1, Informative) by Anonymous Coward on Monday July 01 2019, @12:49AM

    by Anonymous Coward on Monday July 01 2019, @12:49AM (#861770)

    Different type of product. Advair is administered as a metered amount of an inhaled powder, not a vapor and not heated.