S1040-119

Reported

To amend the Federal Trade Commission Act to prohibit product hopping, and for other purposes.

119th Congress Introduced Mar 13, 2025

Legislative Progress

Reported
Introduced Committee Passed
Apr 10, 2025

Reported by Mr. Grassley, with an amendment

Mar 13, 2025

Mr. Cornyn (for himself, Mr. Blumenthal, Mr. Grassley, and Mr. …

Summary

What This Bill Does

Amends the FTC Act to prohibit brand drug manufacturers from engaging in product hopping—making minor changes to drugs to delay generic or biosimilar competition through manipulation of approval pathways.

Who Benefits and How

Generic drug manufacturers gain protection from anticompetitive reformulation tactics. Consumers benefit from faster generic drug availability. Healthcare payers save money through earlier generic entry.

Who Bears the Burden and How

Brand-name drug companies prohibited from using follow-on product strategies to block generics. FTC gains explicit enforcement authority. Excludes changes requested by FDA or required by law.

Key Provisions

  • Defines product hopping as changing formulation to delay generic competition
  • Covers both drugs (505) and biologics (351)
  • Excludes FDA-requested or legally required changes
  • FTC enforcement authority established
Model: claude-opus-4
Generated: Jan 10, 2026 18:31

Evidence Chain:

This summary is derived from the structured analysis below. See "Detailed Analysis" for per-title beneficiaries/burden bearers with clause-level evidence links.

Primary Purpose

Prohibits pharmaceutical product hopping to delay generic drug competition

Policy Domains

Antitrust Pharmaceutical Pricing Generic Drugs FTC Enforcement

Legislative Strategy

"Close product hopping loophole to ensure generic competition"

Bill Structure & Actor Mappings

Who is "The Secretary" in each section?

Domains
Antitrust Pharmaceutical Pricing
Actor Mappings
"the_secretary"
→ Secretary of HHS

Key Definitions

Terms defined in this bill

2 terms
"follow-on product" §2

Drug or biologic approved for change or modification to same manufacturers previously approved product with identical or substantively similar indication

"abbreviated new drug application" §2b

Application under 505(j) or 505(b)(2) seeking therapeutic equivalence rating

We use a combination of our own taxonomy and classification in addition to large language models to assess meaning and potential beneficiaries. High confidence means strong textual evidence. Always verify with the original bill text.

Learn more about our methodology