S. 1040 · 119th Congress

Drug Competition Enhancement Act

Introduced on Mar 13, 2025 by John Cornyn (R-TX). 3 cosponsors, 2 of them from another party. Latest action (Apr 10, 2025): Placed on Senate Legislative Calendar under General Orders. Calendar No. 43.

Stage
Reported by committee
Introduced
Mar 13, 2025
Cosponsors
3
2 from the other party
Policy area
Health
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Progress

The furthest stage the measure reached. Simple and concurrent resolutions do not go to the President.

  1. Introduced
  2. Reported by committee
  3. 3Passed one chamber
  4. 4Passed both chambers
  5. 5Sent to the President
  6. 6Became law

Official title

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

Subjects

  • Administrative remedies
  • Civil actions and liability
  • Competition and antitrust
  • Consumer affairs
  • Drug safety, medical device, and laboratory regulation
  • Federal Trade Commission (FTC)
  • Health care costs and insurance
  • Inflation and prices
  • Intellectual property
  • Judicial review and appeals
  • Manufacturing
  • Prescription drugs

Summary

By the Congressional Research Service (Introduced in Senate, Mar 13, 2025). Public domain.

Drug Competition Enhancement Act

This bill prohibits product hopping by drug manufacturers and authorizes the Federal Trade Commission (FTC) to enforce this prohibition.

Generally, product hopping describes a situation where, when the patents on a reference drug (or biological product) expire, the manufacturer switches to a follow-on product that is covered by a later-expiring patent. Under this bill, a follow-on product is a modified version of the reference drug that has an indication (what the drug is used for) that is identical or substantively similar to an indication of the reference drug.

The bill establishes a presumption that product hopping has occurred when a reference drug manufacturer, after receiving notice that the Food and Drug Administration has received an application to market a competing generic (or biosimilar) version, takes certain actions such as withdrawing the reference drug from the market and selling a follow-on product.

A drug manufacturer may rebut these presumptions by demonstrating that its conduct was not intended to limit competition.

The bill makes product hopping an unfair method of competition and provides for enforcement by the FTC. If the FTC has reason to believe a manufacturer has violated or is about to violate this prohibition on product hopping, the FTC may institute an administrative proceeding or bring suit in federal court to stop the manufacturer’s action and seek equitable remedies, including disgorgement of unjust profits or paying restitution to those harmed.

Sponsor and cosponsors

Cosponsors by party as of the day they signed on. Original cosponsors signed on the day of introduction.

John CornynR-TXSponsor

Democrats · 2

Republicans · 1

Roll calls

Recorded votes on the measure. Most measures move by voice vote or unanimous consent, which record no individual positions.

No recorded roll call on this measure: it moved by voice vote or unanimous consent, or has not reached the floor.

History

Every action as published, oldest first. Roll calls link to how each member voted.

  1. Mar 13, 2025Introduced in Senate
  2. Mar 13, 2025 · SenateRead twice and referred to the Committee on the Judiciary.
  3. Apr 3, 2025 · SenateCommittee on the Judiciary. Ordered to be reported with an amendment favorably.
  4. Apr 10, 2025Committee on the Judiciary. Reported by Senator Grassley with an amendment. Without written report.
  5. Apr 10, 2025 · SenateCommittee on the Judiciary. Reported by Senator Grassley with an amendment. Without written report.
  6. Apr 10, 2025 · SenatePlaced on Senate Legislative Calendar under General Orders. Calendar No. 43.

Committees

Committees and subcommittees the measure was referred to.

Agencies in its committees' jurisdiction

Analisa's mapping of committee jurisdiction to federal agencies; the bill may touch others, or none of these.

Who lobbied on it

Organizations whose lobbying reports (LD-2) name this measure. Spending is what they reported for those quarters on all issues, not on this measure alone.

  1. PHARMACEUTICAL RESEARCH & MANUFACTURERS OF AMERICA27 reports
    $57.5M reported (all issues)
  2. COUNCIL FOR INNOVATION PROMOTION (C4IP)11 reports
    $500K reported (all issues)
  3. ASSOCIATION FOR ACCESSIBLE MEDICINES10 reports
    $3.1M reported (all issues)
  4. PFIZER INC.10 reports
    $4.2M reported (all issues)Federal contractor: PFIZER INCAI match · 100%
  5. AMERICA'S HEALTH INSURANCE PLANS, INC. (AHIP)6 reports
    $25.6M reported (all issues)
  6. AMGEN INC.6 reports
    $18.3M reported (all issues)Federal contractor: AMGEN INC.AI match · 99%
  7. Amgen USA, Inc.6 reports
    $360K reported (all issues)Federal contractor: AMGEN USA INC$126M in contracts, FY2026AI match · 100%
  8. BCBSM, Inc.6 reports
    $176K reported (all issues)
  9. Blue Cross and Blue Shield Association6 reports
    $7.5M reported (all issues)
  10. Blue Cross and Blue Shield of Florida, Inc.6 reports
    $710K reported (all issues)
  11. CAMBIA HEALTH SOLUTIONS INC.6 reports
    $3.9M reported (all issues)
  12. Campaign for Sustainable Drug Pricing (CSRxP)6 reports
    $300K reported (all issues)
  13. GSK (fka GLAXOSMITHKLINE INC.)6 reports
    $7.4M reported (all issues)
  14. GUIDEWELL MUTUAL HOLDING CORPORATION6 reports
    $40K reported (all issues)
  15. JOHNSON & JOHNSON SERVICES, INC.6 reports
    $13.3M reported (all issues)
  16. Pharmaceutical Industry Labor-Management Association6 reports
    $320K reported (all issues)
  17. Sanofi U.S. Services, Inc.6 reports
    $360K reported (all issues)
  18. The Campaign for Sustainable Rx Pricing6 reports
    $540K reported (all issues)
  19. Travere Therapeutics6 reports
    $1.1M reported (all issues)Federal contractor: TRAVERE THERAPEUTICS, INC.$323.9K in contracts, FY2026AI match · 100%
  20. ABBVIE5 reports
    $6.7M reported (all issues)Federal contractor: ABBVIE US LLC$154.6K in contracts, FY2026AI match · 100%
  21. Association of Accessible Medicines5 reports
    $300K reported (all issues)
  22. BLUE CROSS AND BLUE SHIELD OF KANSAS, INC.5 reports
    $50K reported (all issues)
  23. Families USA Foundation, Inc.4 reports
    $38K reported (all issues)
  24. T1INTERNATIONAL USA4 reports
  25. AARP3 reports
    $15.6M reported (all issues)
  26. BLUE CROSS BLUE SHIELD OF MICHIGAN3 reports
    $808.3K reported (all issues)
  27. GENENTECH INC.3 reports
    Federal contractor: GENENTECH USA, INC$939.6K in contracts, FY2026AI match · 100%
  28. INTELLECTUAL PROPERTY OWNERS ASSOCIATION3 reports
    $140K reported (all issues)
  29. KAISER FOUNDATION HEALTH PLAN INC.3 reports
    $1.6M reported (all issues)Federal contractor: KAISER FOUNDATION HEALTH PLAN OF WASHINGTONAI match · 97%
  30. PHARMACEUTICAL CARE MANAGEMENT ASSOCIATION3 reports
    $10.5M reported (all issues)
  31. The Cigna Group and subsidiaries (Formerly Cigna Corporation3 reports
    $6.8M reported (all issues)
  32. BLUECROSS BLUESHIELD OF TENNESSEE2 reports
    $360K reported (all issues)
  33. MERCK & CO., INC.2 reports
    $7.6M reported (all issues)Federal contractor: MERCK SHARP & DOHME LLC$445.3K in contracts, FY2026AI match · 100%
  34. Public Citizen2 reports
    $172.6K reported (all issues)
  35. SMALL BUSINESS & ENTREPRENEURSHIP COUNCIL (SBE COUNCIL)2 reports
    $105K reported (all issues)
  36. Cambia Health Solutions (formerly known as The Regence Group)1 report
    $80K reported (all issues)
  37. VIZIENT, INC.1 report
    $360K reported (all issues)Federal contractor: VIZIENT INC$18.2K in contracts, FY2026AI match · 98%

Reports filed in 2025, 2026.

Sources and method

Every figure on this page traces to these records.

  • Bill status: bills and resolutions, sponsors, actions, subjects and CRS summaries (U.S. Government Publishing Office (GovInfo), from Congress.gov (Library of Congress))GovInfo Bill Status bulk data (Congress.gov; summaries by the Congressional Research Service) · data current to Oct 3, 2026 · loaded Oct 3, 2026 · license: Public domain (U.S. Government work, 17 U.S.C. § 105)
  • Members of Congress, their terms, committees and identifiers (The @unitedstates project (from the Biographical Directory of the U.S. Congress, the House and the Senate))unitedstates/congress-legislators: legislators, committees and current committee membership · data current to Oct 3, 2026 · loaded Oct 3, 2026 · license: CC0 1.0 (public domain dedication)
  • House roll-call votes (Office of the Clerk, U.S. House of Representatives)Office of the Clerk, U.S. House of Representatives, roll-call vote records · data current to Oct 3, 2026 · loaded Oct 3, 2026 · license: Public domain (U.S. Government work, 17 U.S.C. § 105)
  • Senate roll-call votes and DW-NOMINATE scores (Voteview (UCLA Department of Political Science))Lewis, Jeffrey B., Keith Poole, Howard Rosenthal, Adam Boche, Aaron Rudkin, and Luke Sonnet (2026). Voteview: Congressional Roll-Call Votes Database. https://voteview.com/ · data current to Oct 3, 2026 · loaded Oct 3, 2026 · license: Free to use with the required citation
  • Lobbying disclosures (LD-1 registrations, LD-2 quarterly reports, LD-203 contribution reports) (Clerk of the U.S. House of Representatives)Clerk of the House, Lobbying Disclosure Act filings (organizations only; lobbyists' names are not loaded) · data current to Oct 5, 2026 · loaded Oct 5, 2026 · license: Public domain (U.S. Government work, 17 U.S.C. § 105)
  • Positions are shown only where a roll call recorded them; voice votes and unanimous consent record none.
  • Money and votes are shown side by side; neither explains the other.