There has been enough information in the last two weeks on the outrageous practices of the major drug manufacturers to warrant extensive investigations by Congress, the Food and Drug Administration, the Federal Trade Commission, and the Justice Department, not to mention both Congressional ethics committees.
In just that short period, the public has learned that the major drug manufacturers, PhRMa and other lobbysts (BIO) did all of the following:
– They hoodwinked the White House on their financial plight, pleading financial hardship when their prospects were exactly the opposite;
– They effectively bribed numerous members of Congress and the White House through millions in "legal" campaign donations and promises of future support;
– Genentech and BIO flooded Congress with lobbyists who turned members of both parties into stenographic shills for the drug makers (details from Marcy Wheeler, here and here);
– They conned Congress into proposing unjustified, lengthy and semi-permanent "evergreening" extensions of patent and exclusivity prohibitions on generics and bio-similars (more here and here);
– And they conned the Senate Finance Committee into shielding them from competition from drug imports and Medicare negotiations.
If we weren’t already conditioned by hundred billion dollar bailouts for Wall Street and wealth transfers engineered by government to benefit America’s financial hooligans at taxpayers’ expense, we would see this year’s aggregate "drug deal" as one of the most massive, corrupt scams in our history. Afghanistan has nothing on us.
So the question the White House and members of the Senate Finance Committee need to answer is whether the supposed "deal" they cut with PhRMa earlier is still in effect? Do they still defend this scandal? Does Harry Reid?
It’s now clear that the White House was, at best, connned and allowed the American taxpayers to get fleeced. As the New York Times reports today, not only are the major drug makers arbitrarily raising prices at rates that will overwhelm the promised $80 billion "savings" from the White House drug deal, but the poor-little-us storyline PhRMa gave the White House was a complete sham:
And the drug industry’s own major consulting firm, IMS Health, has also reported a significant run-up in prices. Back in April, IMS predicted that United States drug sales might actually decline this year.
Billy Tauzin, president of the industry’s trade association, highlighted the gloomy prediction in a June 1 letter to President Obama shortly before striking the deal to cut drug costs by $80 billion. In negotiating the deal, the drug makers argued that they could not afford to give up more than that.
But in October, IMS made an unusual change in the middle of its forecasting cycle, saying it now believed United States sales would grow at least 4.5 percent in 2009 — or $21 billion more than expected six months earlier.
A major reason, IMS said, was higher-than-expected price increases for drugs in the United States.
And what excuses do the drug makers have for dramatically raising prices? Since the major increases are coming on established brand-name drugs whose research and development costs are already incurred, they cannot claim increases in ongoing marginal costs. Nor is there any pretense of changed market fundamentals, since there is no claim of lost supply capacity or increased demand (reforms that add 30 million more insured don’t take effect until 2013).
This is just straight non-competitive price fixing, based on sheer market power. There should be alarm bells going off at the FTC and DOJ, and everyone should be dusting off the FTC studies that told us the drug makers did not need anti-competitive 12-year patents/exclusivity shields from generics and bio-similars. And is there any excuse left for not allowing imports and Medicare to bargain the drug cartels down to size?
Last month, our government warned the Afghans to clean up their drug corruption act if they expected an increased American security commitment. What if the roles were reversed?
If this were up to President Karzai, I’d advise him not to send any further assistance to the US government until it shows it can stand up to the drug lords and end the massive drug related corruption of the central government that prevents it from serving its own people. That is, after all, an American principle, isn’t it?





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Never trust a snake, one thing Obama has never learned.
Yeah, he’s just an innocent fawn in all of this.
Just one note, Genentech and its parent company Roche are not part of PhRMa, but BIO, the Biotechnology Industry Association. Different set of lobbyists.
How could he have known Big Pharma wasn’t dirt poor and doing the best it could by way of the people?
How can he be blamed for believing that negotiating down drug prices would save money, while he promotes a domestic spending freeze?
Thanks — I’ll add BIO
you know, mccain kept saying obama was running against bush not mccain
the fact is, obama is bush and I am wondering if mccain would have been less corporate then obama is demonstrating
one
term
president
who could have predicted?
Blame Obama if You must, but He thought a deal was easier than a fight, and the fight is not going so great.
Your money, or your life!
My guess is that Obama will weigh the strength of the opposition to reform and make his decision based on whether he needs whatever is left of Big Pharma’s quiescence. If he decides he is not getting enough from them, he will drop them. The thing is, once the bill is passed, there isn’t much their money can do actively to hurt most Democratic candidates. They can support primary opponents, but the big picture is Nancy Pelosi’s control of the agenda, and they can’t affect that. If Obama decides that Pharma hasn’t paid its dues, they will find themselves in a deep hole, networth wise.
Special 1/2 off sale just as soon as we triple our prices.
Scarecrow, what have you heard or read that would make you think the ObamaRahma Admin is NOT standing by Their “Drug Deal” with PhRMA?
PhRMA’s threats?
That’s been big Pharma’s moto since time began.
First the gov. pays them to develope the drugs, then they make us think we need them, and then the charge what the market will bear, not caring if we can afford them or not.
What a F*#Kin deal. Most Companies would love to have this kind of scam going. Only the banks are close.
Nothing. I’m not raising a doubt; I’m asking a logical question, given all the revelations.
I have written on this before. The Obama Administration has a two prong strategy to control healthcare costs, neither of which involves a public option. The first is to slash spending in Medicare. The second is a series of deals with the major players such as insurance, pharma, and the medical industry. With regard to these, the participants got major concessions in return for promises to “contain” costs that weren’t worth spit. What we are seeing in drug price hikes is completely expectable. The medical Triad of insurance, BigPharma, and the medical complex will drive up costs and then fudge the numbers against even higher “projected” costs to realize any savings they promised the government. Or they will come up with other excuses why they can’t meet their targets. The point is that none of them ever had any intention of honoring their deals. It is an open question whether Obama was dopey in believing them or cynical in that he never believed them but made the deals anyway.
Senator Dorgan was to introduce deal-bustin’ floor amendment. Has he made any statements, esp wrt to NYT week end disclosures ?
IMS is apparently independent; it is publicly held. they don’t segregate income information by the business of their customers. This is from its most recent 10-Q:
which is run by (surprise!) former GOP Congressman Jim Greenwood (PA)
So pharma offered as part of the deal to commit some serious money for advertising for Obama’s “successfully wonderful plan” after a health care bill passes. After all, what is more important? That real health reform happens. Or that the citizenry will be convinced by seductive ads that enough reform happened. Style vs. Substance. Ego vs. people actually dying. Pharma can help Obama’s image against the railing of the crazy (no argument from me) wingnuts. But “branding” seems a HUGE priority with our president and Congress.
Eggselent, we’ll specialize in treatments only the rich can afford. That reduces poverty by having less poor alive. We are doing our best to save money and eliminate the poor.
Wow, ‘Crow. Nice twist at the end there.
Absolutely. This deal cannot stand in the face of what we’ve learned.
Obama is the ‘defend the status quo at all cost’ president. He doesn’t have a progressive bone inside him where capitalism is concerned.
Gingrich, Sharpton and Arne Duncan discussing education all agreed that the problem was lack of parental involvement – right, you cocksuckers, both parents working round the clock and you blame the victims of your capitalist system for your greed.
Centrism is Status Quo no matter the lofty rhetoric. The question is not if, but when a populist revolution will come to the US.
An odious bunch, this whole Obama Administration.
I think I would have preferred Ron Paul, warts and all.
Obama is going to dance with the one who brought him there.
Active Americans alive today are not accustomed to their government betraying them in this fashion. We have watched corporate betrayal for years, but it have never before been felt this severely by so many on Main Street. The Tea Party movement may be mostly misguided and uninformed racists and angry FOX folks, but they have shown up and screamed even if they don’t really understand why. What this country needs is the informed and angry to get off the couch and show up. Can you imagine if the masses actually confronted Congress and the Administration with pointed coherrant questions? Nothing will change until the educated and informed are as angry and involved as the lunatics.
I fully support large, massive organized non violent demonstrations in the millions in all our nations cities.
And have, since the banking shit went south on us reform wise.
When we the people did NOT get jobs development programs, that was the line that was crossed.
Pressure in the streets to express PUBLICLY our displeasure with our politicians and the corporate feudalists WILL have an impact. Anything less than that at this point will be mere capitulation to the Powers That Be.
All we need is a leader, and an organizer.
And MOVEON and HCAN are working for the status quo, not for change.
Gee, where could we find an informed, active, engaged and successful person or persons to fire this puppy up?
Well, there’s this blog I know, and it’s woman owner . . . and its hundreds and more readers DAILY who have proven experience in these matters. Including the illustrious author of THIS post.
And thousands and thousands of readers, willing to follow if led.
And millions upon millions of citizens distraught and frustrated with a lack of concern for their concerns and needs.
All just waiting for the call.
When will the horn be sounded?
Obama rolled Pharma like an old rug. He made them empty promises during these long negotiations for the purpose of stopping them from spending lots of ad money during the period it would have mattered, which has now passed. Their ideas only made it as far as the Finance committee, but in the end the whole Congress will decide and they aren’t beholden to any deals. So Pharma got its ass kicked, this was all very easy to predict.
This is more of the 11 dimensional spin that is beyond lame. BigPharma is raising prices and they got rolled? Yeah, right.
Actually when an MD PhD bothered to look at the medical literature he found people with high cholesterol actually live longer, but hey why should that stand between 20 Billion in statin sales each year. If you don’t believe me you can read on it here.
http://healthjournalclub.blogspot.com/2009/10/do-people-with-high-cholesterol-live.html#more
It’s already been sounded,at least in the domain of health care reform, by people like Margaret Flowers, Kevin Zeese, Dr. Paul Hochfeld, and the Mad As Hell Doctors, supported by various organizations. The question is: When will Firedog Lake and its illustrious firepups get off hcr based on the public option and support nation-wide strikes for health insurance reform that will really solve the leack of health-insurance induced fatalities, bankruptcies, and foreclosure problems?
Of course Pharma is doing their best to raise prices right now, and Congress will demand as much price cuts as they can get politically. Neither of these 2 factors could be affected by any deal between the WH, Pharma, or anyone. The only thing that could be affected by a deal was the amount of money that Pharma spent attacking the plan. Obama held them off from spending anything with empty promises that weren’t his to make (unless you believe that he would veto a bill because it asked too much of Pharma!) I was a little frustrated by Obama’s passive attitude towards Congress, but I give him high marks for holding off/dealing with the “insider” groups – AMA, Pharma, etc.
Hey Let’s, Last month there were sit-ins at insurance company headquarters and regional offices with many people being arrested. But there was almost NO attention paid by the MSM. I never even heard anything on KO, Maddow, or Schultz. As strident as these commentators usually are, I can only conclude that there there must have been a line drawn somewhere by someone that said there would be no coverage or encouragement of real activist action. Even non-violent action. So . . . that’s the discouraging thing. That strikes and sit-ins and marches would simply not be covered unless they became HUGE and they won’t get huge without coverage. Catch-22.
seriously? If Obama didn’t know that Tauzin and PharMA were running a jewelry store scam (raising prices now and then declaring a sale) then either they’re stupid or complicit. I don’t know which is worse. They chose to go after tactically the one industry player that no one likes, Insurers.
It is currently backfiring on them. Sure, everyone hates insurers, but when their profit margins are 3-5% and Pharma is 20% whose the bigger devil? Just another bailout that was ill-timed and not thought out well even though they’ve had YEARS to do it.
Tauzin’s going to be the big winner when all of this is said and done. The loser? The American people and taxpayers.
There’s a lot of confusion about evergreening floating around this blog; tread carefully. Contrary to frequent assertions in comment threads, under Eshoo if the manufacturer tweaks the molecule, further data exclusivity would apply to the tweak but not the reference molecule. That’s still a big problem that needs to be fixed, for a host of reasons, but it is incorrect to say that a generic manufacturer would be legally barred (as opposed to economically disincentivized) for an additional 12 years from marketing a biosimilar version of the original reference therapeutic. A close reading of the statements Jane obtained from Sarah Rimmington on this point supports this.
Evergreening is a complex subject, all the more so for protein therapeutics as opposed to small-molecule pharmaceuticals. Even under proposals based on zero years of data exclusivity, I strongly suspect that we would still see evergreening based on patent protection alone and industry litigation defending minor molecular modifications as constituting the equivalent of a new chemical entity.
The Eshoo amendment doesn’t address “generics and biosimilars,” only biosimilars. For pharmaceuticals regulated as drugs rather than biologics, ie, true generics, Hatch-Waxman still applies.
I oppose the Eshoo amendment, just as I did the Hagan-Enzi-Hatch version in the Senate HELP bill. As far as I know, I was the first person to publish a full post on the FDL franchise attacking 12-year data exclusivity.
I am so torn between despising what I know of the legislation and wanting to tell everyone to work against it and deferring from such action because I don’t want the conservative opponents to win. Your call to address the “realer” issues and not just public option, especially when what “now” exists as public option is meaningless, make a whole lot of sense to me and I continue to appreciate your right on analyses and conclusions that are so frequently found on these pages. And thanks to Scarecrow for such a great statement. I love the Karzai analogy.
OT Folks wondering how much longer our Treasury secretary last vis a vis continuing evidence of incompetency and corruption. What say ye, FDL folks?
Blessings,
I was being sarcastic.
Funny how many people still don’t see anything fishy about Medicare Part D.
Big Pharma gets even less negative coverage than Israel.
thanks ralphbon. this isn’t an issue i’m familiar with and i very much appreciate the info you provide. more please!