WASHINGTON - The Senate Thursday rejected an amendment that would bar agreements between generic and brand-name drug companies that delay the introduction of less-expensive generic drugs. The amendment, sponsored by Sen. Jeff Bingaman, D-N.M. and David Vitter, R-La., was defeated 67-28. The two senators tried to add their measure to a Food and Drug Administration bill that increases inspections...
WASHINGTON - The Senate Thursday rejected an amendment that would bar agreements between generic and brand-name drug companies that delay the introduction of less-expensive generic drugs.
Sen. David Vitter, R-La., walks to a caucus luncheon on Capitol Hill. The amendment, sponsored by Sen. Jeff Bingaman, D-N.M. and David Vitter, R-La., was defeated 67-28. The two senators tried to add their measure to a Food and Drug Administration bill that increases inspections for foreign drug manufacturing facilities. The bill passed 96-1 after the Bingaman-Vitter amendment and other amendments were defeated.
Vitter said the generic amendment would have reduced costs to consumers by stopping an escalating trend that he described as "pay-for-delay deals" between generic manufacturers and name--brand manufacturers.
"Over the last several years, we've seen a huge increase and we've send this trend grow from modest to a raging trend," Vitter said.
The agreements delay introduction of multiple generic alternatives to name-brand drugs by an average of six months, according to a summary of the amendment.
Sen. Mike Enzi, R-Wyoming, said the scope of the Bingaman-Vitter amendment is "too broad" and would lead to unintended consequences.
"Not all patent settlements are abusive, they do not all lead to higher costs," Enzi said.
This marked a continuation of battles between Vitter and the pharmaceutical industry that began after Vitter's first election to the Senate in 2004. He has pushed legislation expanding U.S. consumers' access to less expensive drugs from foreign markets. Vitter has had some success, but the industry has been able to block measures that would have opened up substantial markets beyond Canada to drug re-importation.