Sen. Smith Introduces ‘Pay-for-Delay’ Bill

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 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 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.”