[Ip-health] US state(s) threatening Pharma on anti-competitive or public health grounds - what language to hit home?

[kscott]

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I sit on a state's Advisory Council on HIV/AIDS.  Abbott's most recent
outrage in quintupling the price of Ritonivir has led to our probably
advising our Governor to address this specific price increase.  Can
anyone tell me, under present national law, what a state might threaten
re the prices of drugs?  What language to put in a letter from our
elected leadership to pharmaceuticals that might get their attention?
Allege public health impacts (due not only to price increases but
forestalling new drug development), anti-competitive practices, etc.?
What language would ring a bell with them?



The price increase is due - no other reason can be found - to the market
decline of Abbott's other antiviral, meanwhile Ritonivir is increasingly
added to most 'cocktails' to potentate them and thus has a more assured
market.  Get it$$ where they can in other words  Beyond price pressures
however, one story has it that some antivirals under development are so
dependent on Ritonivir for one-daily dosing that they may be withdrawn
from testing due to the price increase: ADAPTS could never support the
price.



Does US law allow patent busting of US drug company patents or parallel
importing if anti-competitive practices are clearly alleged, or if
public health clearly demands?  Is there anything a state rather than
the (bought-off) feds can do?





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