As my readers know, I chronicled the story about impediments to new competition in the insulin market (see here for the original article, and provided that Google's Blogger cooperates, some fairly extensive follow-up coverage might also be accessible). Unfortunately, last year -- thanks largely to lobbyists for the pharmaceutical industry -- the U.S. Congress delayed passing legislation which would have removed the final impediments for generic insulin, not to mention other, in the words of the FDA, "follow-on protein products". The bill was known as S.623/H.R. 1038, known as the "Access to Life-Saving Medicine Act of 2007". For those of you who don't have time to read all of the links, note that there are NO legal impediments to generic insulin today because it is considered a small-molecule drug not unlike aspirin, but the FDA's failure to outline procedures for generic manufacturers to attain approvals has prevented them from emerging.
Anyway, as I predicted in my 2007 Year-End Review, I said that the legislation would almost certainly re-emerge this year, and I was right! On Monday, Reuters reported that the budget for the Food and Drug Administration (FDA) would include mandates for the Agency to move ahead with that. The President surprised many by calling on for legislation enabling the FDA to approve generic biologics, which are made from proteins from living cells.
Of course, Lehman Brothers analyst Tony Clapsis did say the Bush Administration's support for generic biologics was a boost to the cause, but he felt that competing plans in the U.S. House of Representatives might prevent any changes this year.
"My view is they missed their opportunity last year," Clapsis said.
I suspect that is most unlikely. The fact is that a budget agreement, whether or not you agree with President Bush or Congress, will have to move forward at some point this year, or the Government will shut down. A complete budget shutdown hasn't occurred since the 1970's if I am not mistaken. With support from both Mr. Bush and Congress, it looks likely that some agreement will come, and not a moment too soon, as far as I am concerned.

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