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GPhA Responds to House Energy and Commerce Committee Action on Biogenerics

Arlington, VA, July 31, 2009 – The Generic Pharmaceutical Association (GPhA) released the following statement today from GPhA President and CEO Kathleen Jaeger regarding House Energy and Commerce Committee action on biogenerics.

“We are sincerely disappointed that some members of the House Energy and Commerce Committee have decided to put brand pharmaceutical profits before patient needs. The amendment passed tosses patient needs out the window.

“It is ironic that as Congress works to reduce health care costs and increase access to high quality care that some members are choosing to go down a path that only benefits the brand pharmaceutical industry. Clearly, our shared goal should be to get affordable lifesaving medicines to patients in a timely fashion. Sadly, this amendment fails to even come close to that goal.

“As 27 generic companies stated in a letter to the leaders of the Committee this week, failure to pass legislation with a reasonable and proven successful period of market exclusivity would result in the generic biopharmaceutical industry being left unable to introduce competition into the market and, ultimately, increase access to affordable lifesaving medicines. This amendment undermines the best chance Congress has to provide a market-based approach to moderate the cost growth in the most rapidly inflating, highest cost element of the pharmaceutical industry – biotech drug products – and, ultimately, increase access to affordable lifesaving medicines.

“President Obama, Chairman Waxman, Senator Brown and other members on both sides of the aisle are continuing to seek a compromise on market exclusivity that will put patients first. Two days ago, the President reiterated his desire to see seven years exclusivity during a town hall meeting in North Carolina. We look forward to working with him, Chairman Waxman, Senator Brown and others committed to putting patients before profits on these efforts. History has clearly demonstrated that a balance between innovation and competition can be achieved that benefits consumers and industry alike. As we have stated, if the existing language of 12 years of market exclusivity plus years of patent protection is not improved, then the legislation should be withdrawn because there will simply not be a solution that is workable for patients.”

GPhA represents the manufacturers and distributors of finished generic pharmaceuticals, manufacturers and distributors of bulk active pharmaceutical chemicals, and suppliers of other goods and services to the generic drug industry. Generics represent 69% of the total prescriptions dispensed in the United States, but only 16% of all dollars spent on prescription drugs. For more information about the industry, visit www.gphaonline.org.


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