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# Sen. Smith Introduces ‘Pay-for-Delay’ Bill
- URL: https://www.fdaweb.com/sen-smith-introduces-pay-for-delay-bill/
- Published: 2018-03-06T12:00:00.000Z
- Updated: 2026-09-14T23:27:45.000Z
- Author: David McFarland
- Tags: Drugs, #legacy-id-D5140911

Sen. **Tina Smith** (D-MN) has introduced the Expanding Access to Low Cost Generic Drugs Act to give FDA authority to act as a federal watchdog over so-called “pay-for-delay” agreements in which an innovator drug company pays a generic drug company to delay entry of its generic product. The [bill](http://www.fdalawblog.net/wp-content/uploads/2018/03/S2476-Expanding-Access-to-Low-Cost-Generic-Drugs-Act.pdf?ref=fdaweb.com) would enable FDA to take away the 180-day generic drug exclusivity period from any generic company that enters into anti-competitive pay-for-delay settlements with brand name drug manufacturers, according to a [statement](https://www.smith.senate.gov/content/sen-tina-smith%E2%80%99s-first-bill-would-address-unscrupulous-big-pharma-tactic-prevents?ref=fdaweb.com) from Smith.

“My first bill addresses an anti-competitive loophole that big pharmaceutical companies exploit in order to force Americans into buying overpriced drugs,” Smith says. “It’s a commonsense measure that’s similar to a policy supported by the Trump administration, and I’m going to fight to make it bipartisan, because, really, unless you’re the CEO of a big drug company, you shouldn’t be opposed to this idea.”