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 recordRead the official text
Official title: Drug Competition Enhancement Act
119th Congress
Topics: Health care
Introduced:
Read the official bill on Congress.govIn plain words
The plain-language version comes first. 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
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.
AI-drafted summary. Check it against the official text before you act on it.
Read the official bill on Congress.govMake the call
Where does it stand?
- IntroducedMar 13, 2025
- Senate committee
- Senate voteYou are here · Apr 10, 2025
- House
- 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.