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A generic drug , or simply generic , is a pharmaceutical drug that contains the same chemical substance as a drug that was originally protected by chemical patents . Generic drugs are allowed for sale after the patents on the original drugs expire. Because the active chemical substance is the same, the medical profile of generics is equivalent in performance compared to their performance at the time when they were patented drugs. A generic drug has the same active pharmaceutical ingredient (API) as the original, but it may differ in some characteristics such as the manufacturing process, formulation , excipients , color, taste, and packaging.

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97-568: Mylan N.V. was a global generic and specialty pharmaceuticals company. In November 2020, Mylan merged with Upjohn , Pfizer 's off-patent medicine division, to form Viatris . Previously, the company was domiciled in the Netherlands , with principal executive offices in Hatfield, Hertfordshire , UK and a "Global Center" in Canonsburg, Pennsylvania , US. In 2007, the company acquired

194-493: A contract manufacturing organization in 1980 and instead chose to market their products under their own "Mylan-labeled" brand. With the passage of the Hatch-Waxman Act in 1984, the company and other small generic companies gained value; in the eighteen months following passage of the law the company's earnings grew 166% to $ 12.5 million and its stock value rose 800%. In the 1980s one of the most prescribed drugs in

291-478: A patent that, until it expires, the company can use to exclude competitors by suing them for patent infringement . Pharmaceutical companies that develop new drugs generally only invest in drug candidates with strong patent protection as a strategy to recoup their costs of drug development (including the costs of the drug candidates that fail) and to make a profit. The average cost to a brand-name company of discovering, testing, and obtaining regulatory approval for

388-413: A "scalloped" curve, which usually starts at the brand-name price on the day of generic launch and then falls as competition intensifies. After some years, the graph typically flattens out at approximately 20% of the original brand price. In about 20% of cases, the price "bounces": Some license holders withdraw from the market when the selling price dips below their cost of goods, and the price then rises for

485-411: A brand different from the one prescribed unless the consumer requests it. A series of scandals around the approval of generic drugs in the late 1980s shook public confidence in generic drugs; there were several instances in which companies obtained bioequivalence data fraudulently, by using the branded drug in their tests instead of their own product, and a congressional investigation found corruption at

582-543: A child in a school (previously, only trained professionals or the affected person were allowed to administer the drug, and were open to liability), and it provided some financial incentives for schools that didn’t already stock epinephrine autoinjector to start stocking them. Joe Manchin , the father of Mylan's CEO, was a senator at that time. In 2013, the company acquired an Indian generic injectable drugs company, Agila Specialties Private, for $ 1.6 billion. In 2015, three plants acquired in that deal were issued warning letters by

679-518: A controlling interest in India -based Matrix Laboratories Limited, a top producer of active pharmaceutical ingredients (APIs) for generic drugs, and the generics business of Germany -based Merck KGaA . Through these acquisitions, the company grew from the third-largest generic and pharmaceuticals company in the United States to the second-largest generic and specialty pharmaceuticals company in

776-670: A drug patent lasts, a brand-name company enjoys a period of market exclusivity, or monopoly , in which the company is able to set the price of the drug at a level that maximizes profit. This profit often greatly exceeds the development and production costs of the drug, allowing the company to offset the cost of research and development of other drugs that are not profitable or do not pass clinical trials. The impact of loss of patent exclusivity on pharmaceutical products varies significantly across different product classes (e.g., biologics vs. small molecules), largely due to regulatory, legal and manufacturing hurdles associated with such products. Indeed,

873-757: A focus on biosimilars . Triamterene Triamterene (traded under names such as Dyrenium and Dytac) is a potassium-sparing diuretic often used in combination with thiazide diuretics for the treatment of high blood pressure or swelling . The combination with hydrochlorothiazide , is known as hydrochlorothiazide/triamterene . Common side effects may include a depletion of sodium , folic acid , and calcium , nausea, vomiting, diarrhea, headache, dizziness, fatigue, and dry mouth. Serious side effects may include heart palpitations, tingling/numbness, fever, chills, sore throat, rash, and back pain. Triamterene can also cause kidney stones through direct crystallization or by seeding calcium oxalate stones. Triamterene

970-563: A generic non-proprietary name such as the United States Adopted Name (USAN) or International Nonproprietary Name (INN) of the drug. A generic drug must contain the same active ingredients as the original brand-name formulation. The U.S. Food and Drug Administration (FDA) requires generics to be identical to or within an acceptable bioequivalent range of their brand-name counterparts, with respect to pharmacokinetic and pharmacodynamic properties. (The FDA's use of

1067-467: A generic version of Dyazide. Bolar Pharmaceutical had the first generic version approved in 1987, but it turned out that Bolar had fraudulently substituted Dyazide for its own version to conduct studies that were submitted to the FDA. By 1989 the FDA rescinded its approval based on its suspicions and filed criminal charges against Bolar, to which Bolar eventually pled guilty in 1991. The company chose to develop

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1164-446: A generic. Their product was called Maxzide and was approved in 1984. The higher dose allowed once per day dosing, which the company and its marketing partner, Lederle, believed would help it compete against Dyazide, which had $ 210M in sales in 1983. However, the company's patents on the drug were declared invalid in court, and its marketing exclusivity expired in 1987, prompting a rush of generic competition. The company had concerns about

1261-610: A majority of generic drug manufacturing sites in India and China. Two women, each claiming to have suffered severe medical complications from a generic version of metoclopramide , lost their Supreme Court appeal on June 23, 2011. In a 5–4 ruling in PLIVA, Inc. v. Mensing , the court held that generic companies cannot be held liable for information, or the lack of information, on the originator's label. The Indian government began encouraging more drug manufacturing by Indian companies in

1358-538: A narrow therapeutic window and requires frequent blood tests to make sure patients do not have a subtherapeutic or a toxic level. A study performed in Ontario showed that replacing Coumadin with generic warfarin was safe, but many physicians are not comfortable with their patients taking branded generic equivalents. In some countries (for example, Australia) where a drug is prescribed under more than one brand name, doctors may choose not to allow pharmacists to substitute

1455-413: A new drug, with a new chemical entity , was estimated to be as much as US$ 800 million in 2003 and US$ 2.6 billion in 2014. Drug companies that bring new products have several product line extension strategies they use to extend their exclusivity, some of which are seen as gaming the system and labeled " evergreening " by critics, but at some point there is no patent protection available. For as long as

1552-409: A new version of a triamterene/hydrochlorothiazide combination drug instead of going the generic route; it developed a different, more stable formulation and used different dosages of each active ingredient (50 mg hydrochlorothiazide and 75 mg triamterene, compared with Dyazide's 25 mg hydrochlorothiazide and 50 mg triamterene). This drug had to get approval as a new drug, as opposed to

1649-546: A requirement which a company spokesperson said is no longer part of its program. In December 2012, the National Association of State Boards of Education launched a policy initiative designed to "help state boards of education as they develop student health policies regarding anaphylaxis and epinephrine auto-injector access and use," and advocated for state laws protecting schools from legal liability for stocking and using epinephrine autoinjectors. Gayle Manchin ,

1746-437: A round of anatomically challenging self-fulfillment."  The Times reported that Bresch provided similarly dismissive responses. The reporter noted that "Those top leaders’ responses are a far cry from the message on Mylan’s website, which says that 'we challenge every member of every team to challenge the status quo,' and that 'we put people and patients first, trusting that profits will follow'", and also noted that "The firm

1843-612: A suburban business park located in the Pittsburgh suburb of Cecil Township . On February 23, 1973, Mylan had its initial public offering (IPO), when it became a publicly traded company on the OTC market under the ticker symbol MYLN. In 1976 the stock moved to NASDAQ . Their final stock move was in 1986, when their stock became available for trade on the New York Stock Exchange under the ticker symbol MYL. Prior to

1940-546: A while until the license holders re-enter the market with new stock. The NHS spent about £4.3 billion on generic medicines in 2016–17. In 2012, 84 percent of prescriptions in the US were filled with generic drugs, and in 2014, the use of generic drugs in the United States led to US$ 254 billion in health care savings. In the mid-2010s the generics industry began transitioning to the end of an era of giant patent cliffs in

2037-635: Is a case study in the limits of what consumer and employee activism, as well as government oversight, can achieve." In the summer of 2016, as parents prepared to send their children back to school and went to pharmacies to get new EpiPens, people began to express outrage at the cost of the EpiPen and the company was widely and harshly criticized, including criticism from Martin Shkreli , "poster boy for grasping pharma greed," letters from two senators and initiation of Congressional investigations. Mylan's pricing of

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2134-652: Is a large part of the pharmaceutical industry in China. Western observers have said that China lacks administrative protection for patents. However, entry to the World Trade Organization has brought a stronger patent system. China remains the largest exporter of active pharmaceutical ingredients , accounting for 40% of the world market per a 2017 estimate. Bioequivalence studies are required for new generic drugs starting from 2016, with older drugs planned as well. In addition, in vitro dissolution behavior

2231-411: Is able to spend on marketing alone, thus earning higher profits and driving costs down. For example, the largest revenues of Ranbaxy , now owned by Sun Pharma , came from branded generics. Generic drug names are constructed using standardized affixes that distinguish drugs between and within classes and suggest their action. When a pharmaceutical company first markets a drug, it is usually under

2328-454: Is approved, the FDA adds the generic drug to its Approved Drug Products with Therapeutic Equivalence Evaluations list and annotates the list to show the equivalence between the reference-listed drug and the generic. The FDA also recognizes drugs that use the same ingredients with different bioavailability and divides them into therapeutic equivalence groups. For example, as of 2006, diltiazem hydrochloride had four equivalence groups, all using

2425-752: Is best avoided in patients with chronic kidney disease due to the possibility of hyperkalemia . People using this drug should use salt substitute cautiously. Triamterene may impart a blue fluorescent color to the urine. Diabetes : Use with caution in people with prediabetes or diabetes mellitus as there may be a change in glucose control. Liver impairment : Use with caution in people with severe liver dysfunction; in cirrhosis , avoid electrolyte and acid/base imbalances that might lead to hepatic encephalopathy . Kidney failure : combined triamterene and indomethacin therapy caused reversible acute kidney injury in some people. Kidney stones : Use with caution in people with kidney stones. Use should be avoided if

2522-590: Is required to match. Since 2018, 44 classes of drugs are exempt from testing (requiring only a dissolution check), and 13 classes only require simplified testing. As of 2021, several major companies traditionally dominate the generic drugs market, including Viatris (merger of Mylan and Upjohn ), Teva , Novartis' Sandoz , and Sun Pharma . Prices in traditional generic drugs have declined and newer companies such as India-based Sun Pharma , Aurobindo Pharma , and Dr. Reddy's Laboratories , as well as Canada-based Apotex , have taken market share, which has led to

2619-460: The Epi-Pen , Viagra , Lipitor and Celebrex . The deal was structured as an all-stock, Reverse Morris Trust transaction. Pfizer shareholders owned 57% of the combined new company and Mylan shareholders owned 43%. On February 23, 1973, the company became a public company via an initial public offering (IPO), on the OTC market. In 1976, the stock moved to NASDAQ and in 1986, it moved to

2716-631: The European Union and the United States , may grant up to five years of additional protection ("patent term restoration") if manufacturers meet specific goals, such as conducting clinical trials for pediatric patients. Manufacturers, wholesalers, insurers, and drugstores can all increase prices at various stages of production and distribution. In 2014, according to an analysis by the Generic Pharmaceutical Association, generic drugs accounted for 88 percent of

2813-590: The FDA announced its approval of the company's Wixela Inhub, the first approved generic version of GlaxoSmithKline 's Advair Diskus . In late July 2019, the company and Pfizer announced that Pfizer would spin off and merge its off-patent medicine division, Upjohn, with Mylan. In November 2019, Mylan & Upjohn announced that the name of the new company would be Viatris . The company continued sales of Mylan's more than 7,500 products, including biosimilars, generics, brand and over-the-counter remedies, with brands including

2910-666: The Medical Council of India in 2002 calls for physicians to prescribe drugs by their generic names only. India is a leading country in the world's generic drugs market, with Sun Pharmaceuticals being the largest pharmaceutical company in India. Indian generics companies exported US$ 17.3 billion worth of drugs in the 2017–18 (April–March) year. In 1945–2017, bioequivalence studies were only required for generics of drugs that are less than four years old. Since 2017, all generic drugs of certain classes, irrespective of age, require bioequivalence to be approved. Generic drug production

3007-433: The New York Stock Exchange , then later back to NASDAQ. The following is an illustration of the company's major mergers and acquisitions and historical predecessors: Mylan acquired the right to market and distribute the EpiPen line of epinephrine autoinjector devices from Merck KGaA as part of their 2007 deal; that right had formerly been held by Dey LP, a wholly owned subsidiary of Merck. According to Bloomberg News ,

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3104-617: The State attorneys general of 20 states filed a civil complaint accusing the company of a coordinated scheme to artificially maintain high prices for a generic antibiotic and diabetes drug. The complaint alleged price collusion schemes between six pharmaceutical firms including informal gatherings, telephone calls, and text messages. In October 2017, the company announced the launch of the first FDA-approved generic of Teva’s long-acting Copaxone. Approximately three months later, Credit Suisse analyst Vamil Divan cited IMS Health data which showed that

3201-608: The Times reported that when these concerns were brought to Robert Coury, the chairman of the board, Coury "replied that he was untroubled. He raised both his middle fingers and explained, using colorful language, that anyone criticizing Mylan, including its employees, ought to go copulate with themselves. Critics in Congress and on Wall Street, he said, should do the same. And regulators at the Food and Drug Administration? They, too, deserved

3298-534: The urine . The triamterene ring system is found in many naturally occurring compounds, such as folic acid and riboflavin. The observation that the naturally occurring compound xanthopterin had renal affects led scientists at Smith Kline and French Laboratories in Philadelphia to begin a medicinal chemistry campaign to discover potential drugs, as part of a program to discover potassium-sparing diuretics. The first clinical studies were published in 1961 and

3395-458: The 4.3 billion prescriptions filled in the United States. "Branded generics" on the other hand are defined by the FDA and National Health Service as "products that are (a) either novel dosage forms of off-patent products produced by a manufacturer that is not the originator of the molecule, or (b) a molecule copy of an off-patent product with a trade name." Since the company making branded generics can spend little on research and development , it

3492-652: The Dyazide patent expired, and used a different, more stable formulation as well as different dosages of each active ingredient (50 mg hydrochlorothiazide and 75 mg triamterene, compared with Dyazide's 25 mg hydrochlorothiazide and 50 mg triamterene) so it had to get approval as a new drug, as opposed to a generic; their product was called Maxzide and was approved in 1984. The higher dose allowed once per day dosing, which Mylan and its marketing partner, Lederle, believed would help it compete against Dyazide, which had $ 210M in sales in 1983. Mylan's patents on

3589-707: The EpiPen had about 90% of the market. In 2009, the company filed two lawsuits against the Pittsburgh Post-Gazette after the newspaper ran an article that was critical of the quality control procedures used at the company's Morgantown plant. The company had earlier quality control issues involving the FDA. The lawsuits were dropped in 2012 without any damages paid by the Post-Gazette, which stated "The Post-Gazette did not find and did not intend to report that Mylan had manufactured or distributed any defective drugs. The Post-Gazette regrets if any reader of

3686-436: The EpiPen was widely referred to as price gouging . The last price increase coincided with the company's airing of a new line of TV commercials that were described as "shocking" and "no holds barred", depicting an anaphylactic reaction from the point of view of the young woman having it at a party, and ending with the young woman seeing her swollen and hive-covered face in the mirror before she collapses. In response to criticism,

3783-453: The FDA regulating it was widely covered in the media, and led to widespread concern among doctors and the public in the late 1980s and early 1990s that generic drugs were not really the same as the branded drugs they were meant to replace. In 1987, the company entered into a joint venture with Bolar to buy Somerset Pharmaceuticals; Mylan wanted access to Somersets' drug discovery capabilities as well as its new drug for Parkinson's, selegiline ;

3880-527: The FDA to broaden the label to include risk of anaphylaxis and in parallel, successfully lobbied Congress to generate legislation making EpiPens available in schools and in public places like defibrillators are, and hired the same people that Medtronic had worked with on defibrillator legislation to do so. Mylan's efforts to gain market dominance were aided when Sanofi 's competing product was recalled in November 2015 and further when Teva's generic competitor

3977-464: The FDA, where employees were accepting bribes to approve some generic companies' applications and delaying or denying others. In 2007, North Carolina Public Radio 's The People's Pharmacy began reporting on consumers' complaints that generic versions of bupropion (Wellbutrin) were yielding unexpected effects. Subsequently, Impax Laboratories 's 300 mg extended-release tablets, marketed by Teva Pharmaceutical Industries , were withdrawn from

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4074-573: The FDA. In February 2015, in a tax inversion , the company acquired the generic drugs business in developed markets of Abbott Laboratories for $ 5.3 billion in stock. Also in February 2015, the company acquired Mumbai-based Famy Care and expand its presence in the market for women's contraceptives at about $ 750 million. In April 2015, the company attempted a hostile takeover of Perrigo , offering to buy $ 26 billion in shares directly from shareholders. Too few shareholders agreed to sell their stock by

4171-403: The Food and Drug Administration, seeking to demonstrate therapeutic equivalence to a previously approved "reference-listed drug" and proving that it can manufacture the drug safely and consistently. For an ANDA to be approved, the FDA requires that the 90% confidence interval of the geometric mean test/reference ratios for the total drug exposure (represented by the area under the curve or AUC) and

4268-466: The Hatch-Waxman act granted a 180-day administrative exclusivity period to generic drug manufacturers who are the first to file an ANDA. When faced with patent litigation from the drug innovator or patent holder, generic companies will often counter-sue, challenging the validity of the patent. Like any litigation between private parties, the innovator and generic companies may choose to settle

4365-548: The Hatch–Waxman Act, standardized procedures for recognition of generic drugs. In 2007, the FDA launched the Generic Initiative for Value and Efficiency (GIVE): an effort to modernize and streamline the generic drug approval process, and to increase the number and variety of generic products available. Before a company can market a generic drug, it needs to file an Abbreviated New Drug Application (ANDA) with

4462-402: The US and had $ 325 million in sales, making it SmithKline Beckman's second-biggest seller behind Tagamet . The patents had expired on Dyazide in 1980, but complications arose with the introductions of generics, because the formulation of Dyazide resulted in variable batches that made it impossible for generic manufacturers to show that their versions were bioequivalent. Bolar Pharmaceutical

4559-536: The US market after the FDA determined in 2012 that they were not bioequivalent. Problems with the quality of generic drugs – especially those produced outside the United States – are widespread as of 2019. The FDA does infrequent – less than annual – inspections of production sites outside the United States. The FDA normally gives advance notice of inspections, which can lead to cover-ups of problems before inspectors arrive; inspections performed with little or no advance notice have produced evidence of serious problems at

4656-472: The US was Dyazide, a diuretic that was a combination drug containing triamterene and hydrochlorothiazide ; it had been on the market since 1965 and its patents had expired in 1980. Complications arose with the introductions of generics versions, because the formulation of Dyazide resulted in variable batches that made it impossible for generic manufacturers to show that their versions were bioequivalent. Some generic companies committed fraud trying to bring

4753-634: The Viatris combination, the stock was traded on the NASDAQ . Mylan Pharmaceuticals was founded as a drug distributor in 1961 by Milan Puskar and Don Panoz . In 1966, the company began manufacturing penicillin G tablets as well as vitamins and other dietary supplements. Panoz left the company in 1969 and Puskar quit the company in 1973, as it grew and experienced financial difficulties. The board hired Roy McKnight as board chairman, who convinced Puskar to return in 1976. The company discontinued operating as

4850-566: The article thought otherwise." Also in 2009, the company and its subsidiary UDL agreed to pay $ 118 million to settle a suit filed under the False Claims Act in which Mylan/UDL and two other companies were accused of underpaying states under the Medicaid Drug Rebate Program . The program requires drug companies to give rebates to states under Medicaid and the rebates are higher for new drugs than for generics;

4947-401: The companies that had gotten approval to market generic versions of Maxzide, Vitarine Pharmaceutical and Par Pharmaceutical , were targets of the company's initial investigation and were found to have used Maxzide to obtain their bioequivalence data, leading both companies to withdraw its generic competitor to Mylan's product. The corruption in the nascent generics industry and at the office in

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5044-429: The company increased financial assistance available for some patients to purchase EpiPens, a gesture that was called a "classic public relations move" by Harvard Medical School professor Aaron Kesselheim. The up to $ 300 saving cards can only be used by a small number of people who need the drug, and no one on Medicaid . They do nothing about the high price, he said, which is still being paid by insurers, who ultimately pass

5141-557: The company was first located in an abandoned skating rink in White Sulphur Springs , West Virginia . The facility was moved to Pennsauken, New Jersey in 1962, to Princeton, West Virginia in 1963, and then Morgantown , West Virginia, in 1965, and in 1976 it relocated its corporate headquarters to the Pittsburgh suburb Canonsburg , Pennsylvania . Finally in 2004 it moved to a new office center in nearby Southpointe ,

5238-440: The company's efforts were anything but straightforward or that we are aware of anyone advocating inappropriately for the right of schoolchildren to have access to potential life-saving medicine." After successful lobbying from the company, in 2013, the "School Access to Emergency Epinephrine Act" became law after passing Congress with broad and bipartisan support; it protected anyone from liability if they administered epinephrine to

5335-524: The cost of manufacturing, without the costs of drug discovery and drug development —and are therefore able to maintain profitability at a lower price. The prices are often low enough for users in less-prosperous countries to afford them. Generic drug companies may also receive the benefit of the previous marketing efforts of the brand-name company, including advertising, presentations by drug representatives, and distribution of free samples. Many drugs introduced by generic manufacturers have already been on

5432-469: The cost onto consumers. The company further responded by releasing the first authorized generic version of the EpiPen in December 2016 at a more than 50% discount. Generic drug Although they may not be associated with a particular company, generic drugs are usually subject to government regulations in the countries in which they are dispensed. They are labeled with the name of the manufacturer and

5529-518: The creatinine clearance is less than 10 ml/minute. Triamterene directly blocks the epithelial sodium channel (ENaC) on the lumen side of the kidney collecting tubule . Other diuretics cause a decrease in the sodium concentration of the forming urine due to the entry of sodium into the cell via the ENaC, and the concomitant exit of potassium from the principal cell into the forming urine. Blocking ENaC prevents this from happening. Amiloride works in

5626-537: The curve (AUC) and maximum concentration (C max ) are within a 90% confidence interval of 80–125%; most approved generics in the US are well within this limit. For more complex products—such as inhalers , patch delivery systems , liposomal preparations , or biosimilar drugs—demonstrating pharmacodynamic or clinical equivalence is more challenging. Enacted in 1984, the Drug Price Competition and Patent Term Restoration Act , informally known as

5723-415: The deadline set in November 2015 and the effort failed. Two weeks after the company made its first offer for Perrigo, Teva Pharmaceuticals offered to buy the company for $ 40 billion; the combined companies would have been the world's largest generic company and the 9th biggest drug company in the world. In July, Teva dropped its bid for Mylan and instead acquired Allergan 's generic drug business for about

5820-399: The deal was completed in 1988 but its consummation was dependent on FDA approval of selegiline, which came in 1989. The company acquired Bertek Inc. in 1993 for its transdermal patch technologies, and kept it as a subsidiary. In 1999, the company renamed Bertek as Mylan Technologies Inc. (MTI). MTI eventually came to be the contract manufacturer for the selegiline transdermal patch and was

5917-654: The deal. The parties called off the deal in February 2005. Afterwards, Icahn offered to buy Mylan for $ 5.4 billion and nominated a slate of board members to change the direction of Mylan; he won three seats in May 2005. In June, the company bought back 25% of its shares in order to fend off Icahn. In July, Icahn gave up his bid and sold his shares. In January 2007, the company acquired a controlling interest in Matrix Laboratories, an Indian supplier of active pharmaceutical ingredients , for approximately $ 736 million, with

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6014-458: The devices deliver about $ 1 worth of drug. At that time annual sales were around $ 200 million. Bresch, the company's CEO, saw an opportunity to increase sales through marketing and advocacy, and the company launched a marketing campaign to increase awareness of the dangers of anaphylaxis for people with severe allergies that made the brand "EpiPen" as identified with its product as "Kleenex" is with facial tissue. The company also successfully lobbied

6111-574: The drug were declared invalid in court, and its marketing exclusivity expired in 1987, prompting a rush of generic competition and litigation by two of them, American Therapeutics Inc. and Vitarine Pharmaceuticals, with the FDA. Vitarine, along with Par Pharmaceutical , were two of the companies that Mylan had targeted in its investigation into corruption and it turned out that Par and Vitarine had each used Mylan's Maxzide to obtain its bioequivalence data, leading both companies to withdraw its generic competitor to Mylan's product. Generics eventually entered

6208-547: The early 1960s, and with the Patents Act in 1970. The Patents Act removed composition patents for foods and drugs, and though it kept process patents, these were shortened to a period of five to seven years. The resulting lack of patent protection created a niche in both the Indian and global markets that Indian companies filled by reverse-engineering new processes for manufacturing low-cost drugs. The code of ethics issued by

6305-584: The federal government is guaranteed by the First Amendment to the United States Constitution. For this reason, the FDA has promulgated regulations that provide, among other things, that at any time, any "interested person" can request that the FDA "issue, amend, or revoke a regulation or order," and set forth a procedure for doing so. Some generic drugs are viewed with suspicion by doctors. For example, warfarin (Coumadin) has

6402-482: The first company to market generic nitroglycerin, estradiol, clonidine, and fentanyl transdermal patches. In 1996, the company acquired UDL Laboratories, a supplier of unit dose generic medications to institutional and long-term care facilities. In 1998 when it was the world's second largest generics company, the company came under investigation from the Federal Trade Commission after it raised

6499-412: The first trials combining it with hydrochlorothiazide were published the next year. Smith Kline & French launched it as a single agent under the brand Dyrenium in 1964. The combination drug with hydrochlorothiazide, Dyazide, was first approved in the US in 1965 and the first generic, brought by Bolar Pharmaceutical Co., was approved in 1987. In 1986 Dyazide was the most prescribed drug in

6596-497: The future. In 2004, the company and King Pharmaceuticals began discussing a deal in which Mylan would acquire King for $ 4 billion; Mylan wanted to expand its presence in branded pharmaceuticals and to acquire King's sales force. The deal was complicated by a number of factors, and included an SEC investigation into King's accounting and Carl Icahn obtaining a 9.8% interest in Mylan and becoming its largest stakeholder in order to kill

6693-449: The generic and the brand-name drug was 3.5 percent, comparable to the difference between two batches of a brand-name drug. Non-innovator versions of biologic drugs, or biosimilars, require clinical trials for immunogenicity in addition to tests establishing bioequivalency. These products cannot be entirely identical because of batch-to-batch variability and their biological nature, and they are subject to extra rules. When an application

6790-436: The greater degree of 'brand-brand' competitive dynamics seen in the biologics and complex generics space allows manufacturers of originators to better protect market share following loss of patent exclusivity. Large pharmaceutical companies often spend millions protecting their patents from generic competition. Apart from litigation, they may reformulate a drug or license a subsidiary (or another company) to sell generics under

6887-399: The litigation. Some of these settlement agreements have been struck down by courts when they took the form of reverse payment patent settlement agreements, in which the generic company basically accepts a payment to drop the litigation, delaying the introduction of the generic product and frustrating the purpose of the Hatch–Waxman Act. Innovator companies sometimes try to maintain some of

6984-572: The market for a decade or more and may already be well known to patients and providers, although often under their branded name. India is a leading country in the world's generic drugs market, exporting US$ 20.0 billion worth of drugs in the 2019–20 (April–March) year. India exports generic drugs to the United States and the European Union. also the according to market research community the Global Generic Drugs Market

7081-436: The maximum plasma concentration (Cmax) should fall within limits of 80–125%. (This range is part of a statistical calculation, and does not mean that generic drugs are allowed to differ from their brand-name counterparts by up to 25 percent.) The FDA evaluated 2,070 studies conducted between 1996 and 2007 that compared the absorption of brand-name and generic drugs into a person's body. The average difference in absorption between

7178-462: The mother of the company's CEO, Heather Bresch, had become president of the association in 2010, and shortly after had discussed donations from her "daughter's company" to the association. Manchin had been appointed to the West Virginia state school board by her husband, then-governor of the state Joe Manchin , in 2007. In a statement, the company said, "There is no truth to the suggestion that

7275-411: The new generic accounted for 10% of the market. In May 2018, the company announced a collaboration with West Virginia University to expose children across West Virginia to STEM educational initiatives. In 2018, valsartan manufactured by the company was voluntarily recalled due to the detection of trace amounts of N -nitrosodiethylamine (NDEA) which is a probable human carcinogen. In January 2019,

7372-414: The original patent. Generics sold under license from the patent holder are known as authorized generics . Generic drugs are usually sold for significantly lower prices than their branded equivalents and at lower profit margins . One reason for this is that competition increases among producers when a drug is no longer protected by patents. Generic companies incur fewer costs in creating generic drugs—only

7469-532: The pharmaceutical industry; patented drugs with sales of around US$ 28 billion were set to come off patent in 2018, but in 2019 only about US$ 10 billion in revenue was set to open for competition, and less the next year. Companies in the industry have responded with consolidation or turning to try to generate new drugs. Most developed nations require generic drug manufacturers to prove that their formulations are bioequivalent to their brand-name counterparts. Bioequivalence does not mean generic drugs must be exactly

7566-598: The practices of its competitors and the FDA in general, and also with regard to companies seeking to bring generic versions of Maxzide. The company hired private investigators to examine its competitors' practices, and when it found evidence of corruption, it submitted it to the House Oversight and Investigations Committee , which investigated and found fraud and corruption within the Food and Drug Administration 's generic drugs division and at other generic companies. Two of

7663-782: The price of branded drugs and afterwards it was around 50%. The FTC filed suit at the end of 1998 and 32 states filed parallel actions. The case was settled in 2000, with the company paying a total of $ 147M -- $ 100M in disgorged profits into a fund to reimburse consumers and state agencies that had overpaid, $ 8 million in attorney's fees to the State Attorneys General, $ 35 million, plus $ 4 million in attorney's fees, to settle certain class actions with insurers and managed care organizations—and Mylan and three ingredient suppliers ( Cambrex Corporation , Profarmaco S.R.L., and Gyma Laboratories) also agreed to an injunction barring them from entering into similar anticompetitive agreements in

7760-402: The prices of its products, tripling them in the case of lorazepam . The company had entered into an exclusive agreement with Profarmica, an Italian company that supplied drug ingredients, after which the company's competitors had higher prices and a diminished supply of raw ingredients for lorazepam and other drugs. Before the round of price increases the price of generic drugs had been 5 - 10% of

7857-451: The product in the UK in 2015 and in February 2016 the FDA accepted its ANDA, putting it in line behind Hikma and Sandoz to launch a generic version in the US. In 2012, the company launched a program called EpiPen4Schools to sell EpiPens in bulk and with discounts to schools. To participate in the program schools had to agree not to buy epinephrine autoinjectors from any other company for a year,

7954-474: The public over whether generics were really the same as branded drugs. Bolar ended up recalling its generic form of Dyazide and withdrawing the product in 1990. In 1991 the US Justice Department on behalf of the FDA filed 20 criminal charges against Bolar for its fraud, and early the next year Bolar pled guilty and agreed to pay a $ 10M fine. Public concern over the safety of generic drugs

8051-524: The revenue from their drug after patents expire by allowing another company to sell an authorized generic ; a 2011 FTC report found that consumers benefitted from lower costs when an authorized generic was introduced during the 180 day exclusivity period, as it created competition. Innovator companies may also present arguments to the FDA that the ANDA should not be accepted by filing an FDA citizen petition . The right of individuals or organizations to petition

8148-465: The same active ingredient, but considered equivalent only within each group. In order to start selling a drug promptly after the patent on innovator drug expires, a generic company has to file its ANDA well before the patent expires. This puts the generic company at risk of being sued for patent infringement, since the act of filing the ANDA is considered "constructive infringement" of the patent. In order to incentivize generic companies to take that risk

8245-463: The same as the brand-name product ("pharmaceutical equivalent"). Chemical differences may exist; a different salt or ester  may be used, for instance. Different inactive ingredients means that the generic may look different from the originator brand; however, the therapeutic effect of the drug must be the same ("pharmaceutical alternative"). Most small molecule drugs are accepted as bioequivalent if their pharmacokinetic parameters of area under

8342-439: The same as those of their reference products. In most cases, generic products become available after the patent protections afforded to the drug's original developer expire. Once generic drugs enter the market, competition often leads to substantially lower prices for both the original brand-name product and its generic equivalents. In most countries, patents give 20 years of protection. However, many countries and regions, such as

8439-511: The same price. In June 2015, the company agreed to work with Pulmatrix, a company with a proprietary inhaled drug delivery platform, to co-develop a product to treat for chronic obstructive pulmonary disease ; the product was PUR0200, a generic drug in a Pulmatrix device. In February 2016, the company announced it would acquire Meda AB for $ 9.9 billion. In May 2016, the company announced it would acquire Renaissance Acquisition Holdings dermatology division for up to $ 1 billion. In December 2016,

8536-431: The same way. Sodium channel blockers directly inhibit the entry of sodium into the sodium channels. Triamterene is commonly prepared in combination with hydrochlorothiazide for treatment of hypertension (high blood pressure) and edema (water retention). This combination is in a class of medications called diuretics or 'water pills', and causes the kidneys to get rid of the body's unneeded water and sodium through

8633-410: The suit said that the companies sold new drugs but paid rebates as if they were generics. In 2011, the company entered into an agreement with Pfizer for the exclusive worldwide rights to develop, manufacture and commercialize Pfizer's generic equivalent to GlaxoSmithKline 's Advair (US)/Seretide (UK) Diskus incorporating Pfizer's proprietary dry powder inhaler delivery platform. The company launched

8730-439: The takeover including all of Matrix's subsidiary firms, for example Docpharma. It was at the time the largest-ever takeover in the Indian pharma industry and also gave access to markets in China, India, and Africa. In October 2007, the company acquired the generics division of Merck KGaA for $ 6.6 billion. The company acquired the rights to market the EpiPen in the transaction. At that time annual sales were around $ 200 million and

8827-410: The word "identical" is a legal interpretation , not literal.) Biopharmaceuticals , such as monoclonal antibodies , differ biologically from small-molecule drugs . Biosimilars have active pharmaceutical ingredients that are almost identical to the original product and are typically regulated under an extended set of rules, but they are not the same as generic drugs as the active ingredients are not

8924-792: The world. Mylan went public on the OTC market in February 1973. It was listed on the NASDAQ, and its shares were a component of the NASDAQ Biotechnology and the S&;P 500 indices. The company was founded in 1961 and developed and produced medicines for a wide range of medical disciplines, including oncology , anaphylaxis , antiretrovirals , cardiovascular , respiratory , dermatology , immunology , anesthesia and pain management , infectious disease , gastroenterology , diabetology/ endocrinology , and women's healthcare. Founded in 1961,

9021-545: Was about $ 265, in May 2015 it was around $ 461, and in May 2016 the price rose again to around $ 609, around a 500% jump from the price in 2009. Starting in 2014, according to a 2017 report in the New York Times , mid-level executives began questioning the rate at which the company had increased and was planning to continue to increase the price of the Epi-Pen, and raising concerns that the price increases were unethical;

9118-493: Was evaluated US$ 465.96 million in 2021 and is expected to rise with a CAGR of 5.5% from 2022- 2028 during the forecast period. In the United Kingdom, generic drug pricing is controlled by the government's reimbursement rate. The price paid by pharmacists and doctors is determined mainly by the number of license holders, the sales value of the original brand, and the ease of manufacture. A typical price decay graph will show

9215-444: Was further exacerbated by a Congressional investigation into bribery at the FDA by generics companies that found pervasive corruption; the investigation had been spurred by the generics company Mylan , which had hired private investigators based on its beliefs that competitors were getting unfair advantages in getting their generics approved. Mylan itself developed a version of a triamterene/hydrochlorothiazide combination drug after

9312-548: Was in the running to be the first to bring a generic, but its application was delayed by these concerns about whether its formulation provided the same amount of each drug; these were complicated by accusations that Bolar had fraudulently substituted Dyazide for its own version to conduct studies that were submitted to the FDA. Shortly after Bolar's generic was approved, further concerns were raised with regard to Bolar's applications to market generics more generally; these findings among others raised widespread concern among doctors and

9409-455: Was rejected by the FDA in March 2016. By the first half of 2015, Mylan had an 85% market share of such devices in the US and in that year sales reached around $ 1.5 billion and accounted for 40% of Mylan's profit. Those profits were also due in part to Mylan's continually raising the price of EpiPens starting in 2009; in 2009 the wholesale price of two EpiPens was about $ 100, by July 2013 the price

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