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# Democrats Introduce Anti Pay-for-Delay Bill
- URL: https://www.fdaweb.com/democrats-introduce-anti-pay-for-delay-bill/
- Published: 2023-11-08T12:00:00.000Z
- Updated: 2026-09-14T14:15:41.000Z
- Author: David McFarland
- Tags: Drugs, #legacy-id-D5155751

Reps. **Marie Gluesenkamp Perez** (D-WA), **Sean Casten** (D-IL), and **Gerry Connolly** (D-VA) have introduced the Protecting Consumer Access to Generic Drugs Act of 2023, which would support access to lower-priced generic prescription drugs. The bill would “end harmful pay-for-delay practices and provide the FTC with enforcement authority,” the lawmakers say in a [release](https://gluesenkampperez.house.gov/posts/gluesenkamp-perez-casten-connolly-introduce-bill-to-support-access-to-lower-priced-generic-drugs?ref=fdaweb.com).

Under the pay-for-delay settlements, “brand-name drug firms pay their generic competitors to abandon a patent challenge and delay entering the market,” a summary of the bill says. “This allows name-brand drug manufacturers to reap above-market profits for longer while generic manufacturers get paid to stay out of the market.”

The bill would ban manufacturers of a brand-name, generic, or biosimilar drug from entering into certain agreements to resolve or settle a patent infringement claim in connection with the sale of a drug or biological product, according to the summary. It also provides the Federal Trade Commission with authority to enforce this prohibition, and includes civil penalties and the forfeiture of any granted 180-day marketing exclusivity period for violators.