BPC Action Commends Bipartisan Advancement of the CREATES Act in Health

Washington, DC – BPC Action commends the Senate Judiciary Committee for its passage of the bipartisan (S. 974). While some changes to this bill are under consideration as it moves through the process, we urge Congress to advance legislation this year that improves generic drug competition and lowers costs for consumers and taxpayers.

The Senate Judiciary Committee voted 16-5 to advance the measure, while the House version, H.R. 2212, is still pending before the House Energy and Commerce and Judiciary Committees.

With broad support across political parties and among patient and other stakeholder groups, the measure encourages competition by deterring brand-name drug makers from exploiting safety guidelines known as “Risk Evaluation and Mitigation Strategy,” or REMS, to delay generic drug manufacturers from gaining access to their products. It also allows generic companies to sue if brand-name manufacturers refuse to sell them samples needed to copy the drugs. In an informal estimate from the Congressional Budget Office, CREATES is projected to save federal health programs $3.8 billion over 10 years.

Americans pay two-to-six times more for prescription drugs than the rest of the developed world, and nearly three-quarters of the American public believe that prices of brand-name drugs are unreasonable.

The CREATES Act makes positive steps toward ensuring that Americans have access to affordable prescription medication.