A new lightning rod in the fight over high drug prices
With the BBB Act on the ropes, some drug pricing advocacy organizations are turning their attention to a far more wonky topic: A petition calling on the NIH to use so-called march-in rights to lower the price of the prostate cancer drug Xtandi.
Social Security Works drummed up nearly 16,000 signatures on a petition to the Biden administration on the topic, and they’ve sent in another 1,500 letters directly to the National Institutes of Health, according to the group’s executive director Alex Lawson. House Democrats also called for HHS to grant the petition.
The petition, and the growing swell of advocacy around it, has got drug makers and their allies worried — despite the fact the NIH denied an almost identical petition in 2016.
They have reasons to be worried: The Biden administration already scrapped a Trump administration proposal to limit the use of march-in rights, supported efforts to waive patent protections for Covid-19 vaccines, and HHS Secretary Xavier Becerra vocally supported march-in rights in his previous role as attorney general of California.
“I’m … concerned because you’ve got a full court press on [this] now. This is all over the place…There’s a huge effort now to influence the Biden administration politically,” said Joe Allen, the executive director of the Bayh-Dole Coalition, which does not directly lobby Congress but includes drug makers PhRMA and BIO. Allen described the activists’ efforts as an effort to “intimidate the Biden administration.”
Representatives for the Chamber of Commerce and PhRMA also criticized the petition, but largely did not outline the specific tactics they are using to influence the Biden administration’s deliberations.
“It was always and continues to be inappropriate for the government to consider the use of march-in rights as a price control measure,” said Patrick Kilbride, senior vice president of the Chamber of Commerce’s Global Innovation Policy Center, who added that the group has primarily engaged in the march-in rights debate through the Bayh-Dole Coalition.
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