Emerson Introduces Bill on Authorized Generics  – January 15, 2009
WASHINGTON   –  U.S. Rep. Jo Ann Emerson (MO-08) today reintroduced legislation to prohibit the marketing of authorized generics, versions of brand-name medicines offered by drug companies during a period of time when true generic drugs are supposed to have exclusive access to the market.

“Across the nation, pretty much every category of cost on medical services is up except for the costs of generic medicines.  Generic pharmaceuticals are saving Americans money, and the loophole that allows drug companies to market authorized generics when their patents are challenged is a real detriment to the cost-savings which are possible here,” Emerson said.

The legislation prevents name-brand pharmaceutical companies from launching advertising campaigns for their generic versions during the 180-day period after a generic company’s patent challenge is upheld.  The practice effectively discourages the generic company from entering the market to compete.

Emerson re-introduced the bipartisan legislation with U.S. Reps. Marion Berry (AR), Dennis Moore (KS) and Zach Wamp (TN).

“There is a pragmatic group of lawmakers who see eye-to-eye on this bill, and we are all willing to work across party lines in the interest of legislation that truly benefits the American people and saves them money.  These so-called “authorized” generics discourage competition from true generic medicines.  We need alternatives to more-expensive name-brand medicines, and this bill will prevent big drug companies from stifling competition,” Emerson said.

Emerson’s legislation has also in the past earned the approval of the Generic Pharmaceutical Association (GPhA).
 

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