Assemblyman Angelo Santabarbara announced that he is co-sponsoring legislation that would bolster access to affordable prescription medications by prohibiting "pay-for-delay" agreements between brand-name drug manufacturers and generic drug manufacturers (A.7245-A).

“Hard-working families already facing challenging times, shouldn’t have to pay exorbitant prices for the prescription medication they need,” said Assemblyman Angelo Santabarbara. “With the rising costs of goods and services, this legislation not only lowers costs at the pharmacy but also prevents delays in accessing important medications especially for seniors on a fixed income. It’s more important than ever that we continue working to pass common-sense cost-saving measures that can provide relief through these challenging times.”

In recent years, the Federal Trade Commission (FTC) has cracked down on a costly legal tactic used by brand-name manufacturers to stifle their competition by filing patent infringement lawsuits against companies seeking approval for a competing generic medication. To avoid litigation, companies agree to settlements that pay them not to bring a lower-cost generic drug to the market. These “pay-for-delay” uncompetitive arrangements are estimated to cost consumers and taxpayers about $3.5 billion annually, according to an FTC study.^[1] The bill that Santabarbara is working to pass would prohibit pay-for-delay deals in New York, saving consumers money and encouraging competition.

[1] ftc.gov/news-events/topics/competition-enforcement/pay-delay