S 1040 119th Congress
Drug Competition Enhancement Act
A bill to amend the Federal Trade Commission Act to prohibit product hopping, and for other purposes.
Official Title as Introduced Congress.gov
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Bill journey
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Introduction Congress.gov
Introduced
Introduced in the Senate.
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Read twice and referred to the Committee on the Judiciary.
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Introduced in Senate
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Introduced in Senate
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Committee on the Judiciary. Ordered to be reported with an amendment favorably.
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Placed on Senate Legislative Calendar under General Orders. Calendar No. 43.
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Committee on the Judiciary. Reported by Senator Grassley with an amendment. Without written report.
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Committee on the Judiciary. Reported by Senator Grassley with an amendment. Without written report.
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Reported to Senate
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View the complete bill journey as an accessible table
| Date and time | Record | Official detail | Source |
|---|---|---|---|
| IntroductionIntroduced | Introduced in the Senate. | Congress.gov | |
| Official actionRead twice and referred to the Committee on the Judiciary. | No additional detail supplied.IntroReferral · Senate | Congress.gov | |
| Official actionIntroduced in Senate | No additional detail supplied.IntroReferral · Library of Congress · Code 10000 | Congress.gov | |
| Text versionIntroduced in Senate | A dated text-version record is available. | Congress.gov | |
| Official actionCommittee on the Judiciary. Ordered to be reported with an amendment favorably. | No additional detail supplied.Committee · Senate | Congress.gov | |
| Official actionPlaced on Senate Legislative Calendar under General Orders. Calendar No. 43. | No additional detail supplied.Calendars · Senate | Congress.gov | |
| Official actionCommittee on the Judiciary. Reported by Senator Grassley with an amendment. Without written report. | No additional detail supplied.Committee · Senate | Congress.gov | |
| Official actionCommittee on the Judiciary. Reported by Senator Grassley with an amendment. Without written report. | No additional detail supplied.Committee · Library of Congress · Code 14000 | Congress.gov | |
| Text versionReported to Senate | A dated text-version record is available. | Congress.gov |
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Congressional Research Service
CRS summary
Drug Competition Enhancement Act This bill prohibits product hopping by drug manufacturers and authorizes the Federal Trade Commission (FTC) to enforce this prohibition.Generally, product hopping describes a situation where, when the patents on a reference drug (or biological product) expire, the manufacturer switches to a follow-on product that is covered by a later-expiring patent. Under this bill, a follow-on product is a modified version of the reference drug that has an indication (what the drug is used for) that is identical or substantively similar to an indication of the reference drug.The bill establishes a presumption that product hopping has occurred when a reference drug manufacturer, after receiving notice that the Food and Drug Administration has received an application to market a competing generic (or biosimilar) version, takes certain actions such as withdrawing the reference drug from the market and selling a follow-on product.A drug manufacturer may rebut these presumptions by demonstrating that its conduct was not intended to limit competition.The bill makes product hopping an unfair method of competition and provides for enforcement by the FTC. If the FTC has reason to believe a manufacturer has violated or is about to violate this prohibition on product hopping, the FTC may institute an administrative proceeding or bring suit in federal court to stop the manufacturer’s action and seek equitable remedies, including disgorgement of unjust profits or paying restitution to those harmed.
Official documents
Text versions
- Reported to SenateApr 10, 2025
- Introduced in SenateMar 13, 2025