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S. 1040119th CongressOn the floor calendarLatest action Apr 10, 2025Decoded by AI · checked against the record
The plain-language version leads. The official text is always the reference.
S 1040 would make "product hopping" by drugmakers an illegal unfair competition practice enforced by the FTC.
45-second read · 4 questions answered below
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.
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.
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.
AI-drafted summary. Verify it against the official text before you act on it. Read the official bill on Congress.gov
Right now: it's on the Senate floor calendar. 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.