S.1040

Drug Competition Enhancement Act amends the Federal Trade Commission Act to prohibit product hopping by manufacturers of listed drugs and reference.

Drug Competition Enhancement Act amends the Federal Trade Commission Act to prohibit product hopping, which involves manufacturers withdrawing or discontinuing drugs or biological products to impede competition from generic or biosimilar products. The Act defines "product hopping" and outlines exceptions for truthful marketing and ceasing promotional marketing. It allows manufacturers to justify certain actions if they can demonstrate that the actions were not intended to impede competition or were necessary for safety reasons.