General Law Committee
JOINT FAVORABLE REPORT
Bill No.: SB-188
AN ACT REQUIRING BRAND NAME PRESCRIPTION DRUG
MANUFACTURERS TO PROVIDE SAMPLES OF BRAND NAME DRUGS TO
Title: GENERIC PRESCRIPTION DRUG MANUFACTURERS.
Vote Date: 3/15/2022
Vote Action: Joint Favorable
PH Date: 3/1/2022
File No.:
Disclaimer: The following JOINT FAVORABLE Report is prepared for the benefit of the
members of the General Assembly, solely for purposes of information, summarization and
explanation and does not represent the intent of the General Assembly or either chamber
thereof for any purpose.
SPONSORS OF BILL:
General Law Committee
Co-Sponsors:
Sen. Martin M. Looney, 11th Dist. Sen. Saud Anwar, 3rd Dist.
Rep. Michael A. Winkler, 56th Dist.
REASONS FOR BILL:
This bill seeks to promote a competitive marketplace for the drug market in Connecticut
through requiring registered drug manufacturers to make a drug that is distributed within the
state available for sale to eligible product developers with the price of that drug being no
higher than the wholesale price. These developers are to obtain drugs at or below wholesale
prices and may not sell the product they develop at a higher price than they obtained the
sample for. December 2019 saw the passing of a new federal law, the CREATES Act. This
law allows generic drug developers to sue in federal court if they are unable to obtain
samples of drugs needed to support the generic drug application at a price deemed by
federal law to be no higher than the drug's wholesale cost. Overall, this bill seeks to ensure a
fair and competitive marketplace, with fair market prices for prescription drug being sold to
manufacturers as samples and sold to consumers for use.
RESPONSE FROM ADMINISTRATION/AGENCY:
None Expressed
NATURE AND SOURCES OF SUPPORT:
Senator Martin M. Looney, President Pro Tempore, State of Connecticut Senate:
Senator Looney is in favor of the bill, as it would require brand name pharmaceutical
manufacturers in the state to comply with federal law and make their samples available to the
generic and biosimilar developers at no more than the drug's wholesale acquisition cost. This
bill also allows the Attorney General to bring legal action against those manufacturers that do
not comply, ensuring a fair market price.
NATURE AND SOURCES OF OPPOSITION:
The Pharmaceutical Research and Manufacturers of America:
The Pharmaceutical Research and Manufacturers of America (PhRMA) is opposed to the bill
because it seeks to require a manufacturer of branded medications to provide its products to
another drug or biologic manufacturer in a manner which is duplicative of, and in conflict with,
recently enacted federal law in the space. Due to the existing robust statutory and regulatory
federal framework, state action in this space is unnecessary and likely to be preempted, so
PhRMA respectfully urges opposition to SB 188.
Reported by: Luke Tressy, Assistant Clerk Date: 03/22/2022
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