USA's Preserve Access to Affordable Generics Act resurfaces early in the 112th Congress

Among the several US Food and Drug Administration-related bills that have already been introduced in the 112th Congress is Senator Herb Kohl’s (Democrat, Wisconsin) Preserve Access to Affordable Generics Act (S 27) concerning patent settlement agreements (or what opponents call “pay-for-delay” or “reverse payment” agreements), notes Kurt Karst of US law firm Hyman, Phelps & McNamara on its FDA Law Blog.

The latest iteration of the Preserve Access to Affordable Generics Act appears to be identical to the version of the bill the US Senate Committee on Appropriations approved last July for inclusion in the report accompanying the Fiscal Year 2011 Financial Services and General Government Appropriations Bill (S 3677). That appropriations bill was ultimately included as part of the Continuing Appropriations Act of 2011 (Pub L No 111-242), but the Preserve Access to Affordable Generics Act was stripped from the bill, says Mr Karst.

S 27 would also amend FTC Act