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Bill would ban drugmakers' tactics that delay generic competition

Placed on the calendarS. 1040Latest action

Sponsor: John Cornyn · Senator · TX

AIDecoded by AI · checked against the record
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Official title: Drug Competition Enhancement Act

119th Congress

Topics: Health care

Introduced:

Read the official bill on Congress.gov

In plain words

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S 1040 would make "product hopping" by drugmakers an illegal unfair competition practice enforced by the FTC.

45-second read · 4 questions answered below

What does this do?

S 1040 would amend the Federal Trade Commission Act to ban "product hopping," where drug companies tweak a brand-name drug to steer patients away from it right before a cheaper generic or biosimilar arrives. It covers both pulling the old drug entirely ("hard switch") and disadvantaging it while promoting the new version ("soft switch"), though companies could defend actions taken for legitimate reasons like safety or supply issues.

Who does it affect?

The bill mainly affects pharmaceutical and biotech companies making brand-name drugs facing generic or biosimilar competition, as well as generic and biosimilar manufacturers. It also indirectly affects consumers and insurers through drug pricing, and expands FTC enforcement authority.

Why does it matter?

The practice can keep brand-name sales high and make it harder for cheaper generic competitors to gain customers, even when the underlying drug is unchanged.

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Read the official bill on Congress.gov

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Where does it stand?

  1. IntroducedMar 13, 2025
  2. Senate committee
  3. Senate voteYou are here · Apr 10, 2025
  4. House
  5. The president's desk

Right now: it was placed on the , and the official record shows no floor action on it since. If the House changes it, it goes back to the Senate before reaching the president.

Latest action: — Placed on Senate Legislative Calendar under General Orders. Calendar No. 43.

Data as of October 9, 2026
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