GPhA Backs Bill to Curb REMS Abuse

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The Generic Pharmaceutical Association (GPhA) says it supports the bipartisan Creating and Restoring Equal Access to Equivalent Samples (CREATES) act introduced by Sen. Chuck Grassley (R-IA). An association statement says the bill “improves patient access to safe and affordable medicines by taking steps to curb abuses of Risk Evaluation and Mitigation Strategies (REMS) without compromising patient safety.”

The statement says that some drug companies misuse REMS to block competition from generic medicines. It says that REMS abuse can occur in two scenarios. First, branded drug companies can cite a REMS as a reason to refuse to sell samples of their product to potential generic competitors, which prevents the generic company from conducting bioequivalence tests needed for FDA approval. The second scenario is when a branded drug company intentionally prevents generic competitors from joining a “shared REMS,” effectively keeping generic competition off the market even when the innovator drug patent has expired.

GPhA says CREATES addresses the two scenarios by authorizing a judge to award damages to deter future misconduct. The bill, it says, allows a generic drug manufacturer to bring an action in federal court to obtain the sample it needs, authorizes a judge to award damages to deter future misconduct, and allows brands and generics to enter court-supervised negotiations for establishing shared safety protocols. The bill also helps deter misuse among brand manufacturers with self-imposed (not required by FDA) REMS-like restrictions on the sale or distribution of products, GPhA says.

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