Maroney Leads Passage Of Generic Drug Development Bill

Press release from CGA:

May 28, 2021

State Senator James Maroney (D-Milford), Chair of the General Law Committee, lead debate and passage of Senate Bill 262, 'An Act Requiring Manufacturers Of Brand Name Prescription Drugs To Provide Samples Of Such Drugs To Manufacturers Of Generic Prescription Drugs.' The bill passed during the Senate Session with a vote of 23-11. This bill aims to promote competition in the prescription drug market by allowing developers of generic drugs to obtain reference samples.

"Delaying the process of bringing generic medicines to market costs up to $3.5 billion a year," said Sen. Maroney. "This bill works to speed up this process by bringing generic pharmaceuticals to market which helps save consumers money."

SB 262 is similar to Maine’s LD 1280 which passed there in 2018. It would require brand name pharmaceutical manufacturers in Connecticut to comply with federal law and make samples of their drugs to generic manufacturers available, at a fair market price. This bill would require drugs distributed in Connecticut to be made available for sale to an FDA-approved generic drug manufacturer who is seeking to develop a more affordable alternative.

In addition, the bill would authorize the Attorney General to bring legal action against pharmaceutical manufacturers who do not comply with this law. In past years there appeared to be some inaccurate information that was spread regarding similar legislation. Under this legislation the name brand manufacturer must sell the drug at a fair market price; it does NOT require that the name brand manufacturer provide the samples at no cost to the potential generic maker.

An analysis done in 2016 shows that drug companies that delayed the entrance of cheaper competitors onto the market have raised prices and cost taxpayers more money over time. The FDA listed more than 50 drugs whose manufacturers have withheld or refused to sell samples and cited 164 inquiries for help obtaining them. Thirteen of these pleas from makers of generics pertained to Celgene’s blockbuster cancer drug Revlimid, which accounted for 63 percent of Celgene’s revenue in the first quarter of 2018, according to the company.

Denying generic drug manufacturers access to samples appears to be a fairly common strategy used by name brand drug manufacturers to delay generic entry into the market. This bill is one step closer toward increasing access to affordable prescription drugs. It would enforce name brand companies to comply to federal regulations.

This press release was produced by CGA. The views expressed here are the author's own.