NIH Xtandi Cost Hearing Sought

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Twelve members of Congress are asking the National Institutes of Health (NIH) to use its authority to hold a public hearing on the price being charged by Astellas for its prostate cancer drug Xtandi (enzalutamide) that was developed at UCLA through taxpayer supported research grants from the U.S. Army and NIH. A 3/28 letter to HHS secretary Sylvia Burwell and NIH director Francis Collins says that Astellas is charging U.S. patients $129,000 for the drug, while it sells in Japan and Sweden for $39,000 and in Canada for $30,000. “We do not think that charging U.S. residents more than anyone else in the world meets the obligation to make the invention available to U.S. residents on reasonable terms,” the letter says.

According to the lawmakers, the 1980 Bayh-Dole Act gives federal agencies including the NIH the authority to license a patent “when action is necessary to alleviate health or safety needs which are not reasonably satisfied” or if the invention is not “available to the public on reasonable terms.” They say that price can be a clear barrier to access for consumers, and despite the law being in place for over 35 years, NIH have never used its broad and powerful authority to protect consumers from excessive prescription drug prices.

The letter also says that NIH granted a 2004 hearing on similar issues involving Abbott’s Norvir (ritonavir) that resulted in the company lowering the price for public payors, including AIDS drug assistance programs and Medicaid, and expanding its patient assistance programs.“The NIH has a powerful tool to hold drug companies accountable for barriers to access to drugs developed through support of U.S. taxpayers, including price,” the letter concludes.

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