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

[George M. Carter]

At 04:25 PM 12/13/2003 -0800, you wrote:
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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?

I'm not sure if states can do it, but
a) price control legislation (but should be applied to ALL drugs);
b) invoking Bayh-Dole;
c) Invoking eminent domain;
d) seeking a compulsory license (tho again--state or federal only?)

Perhaps others can expand on this.
George M. Carter