Prohibits drugmakers from pulling a brand-name drug or biologic off the market or shifting sales to a slightly altered version in ways that impede generic or biosimilar competition, and lets the Federal Trade Commission enforce the ban.

• Adds Section 27 to the Federal Trade Commission Act, covering "hard switches" such as withdrawing a listed drug or destroying its inventory, and "soft switches" that unfairly disadvantage the original product.
• Applies the ban from the time a manufacturer learns of an abbreviated new drug application or biosimilar license application until 180 days after generic or biosimilar entry or 3 years after the follow-on product is marketed.
• Allows a manufacturer to justify its conduct with safety reasons, an uncontrollable supply disruption, or legitimate pro-competitive reasons, which the Commission may rebut.
• Lets the Commission seek injunctions, disgorgement, and restitution in federal court, with a 5-year limitations period, and permits the Commission to issue rules defining terms.

• Judiciary Committee (Senate)

Health