Are Drugs Included in Eminent Domain?

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A controversial bill that would prohibit excessive pricing of prescription drugs by their manufacturers comes before the D.C. Council July 6.

In early May, the 13-member council gave its initial approval to the legislation, introduced by Councilman David Catania, I-at large, who chairs the council’s health committee. A final reading and vote on the bill, the Prescription Drug Compulsory Manufacture License Act of 2005, is scheduled for this coming Wednesday.

Industry observers expect the council to approve the bill, despite warnings of lawsuits from big pharmaceutical companies.

Catania has told Washington Business Journal that he expects and welcomes legal recourse from the pharmaceutical industry. The bottom line for him is that drug companies record huge profits and continue to raise their prices, while many consumers have to decide whether to get the prescription drugs they need or buy food and pay rent.

Catania introduced his legislation in February and amended it a month later. At first he wanted to use the city’s power of eminent domain to force drug makers to lower their prices. His new version of the bill says that if drugs are found to be excessively priced, the mayor may request a compulsory license that would, in essence, allow the city to take patents from brand-name drug makers and reissue them to generic manufacturers that could produce cheaper drugs for the District.

washington.bizjournals.com/washington/stories/2005/06/27/daily47.html
 
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