Washington, D.C. — Yesterday, Senator Warren and a coalition of Congressmembers called on Health and Human Services Secretary Xavier Becerra to use the agency’s authority to lower the price of the prostate cancer medication, Xtandi. In response, the American Economic Liberties Project released the following statement.

“It’s outrageous that patients cannot afford life-saving medications created with their own tax dollars. HHS must exercise its march-in rights to stop Big Pharma from price gouging patients for drugs developed with federal dollars,” said Sara Sirota, Policy Analyst at the American Economic Liberties Project. “Senator Warren and her fellow lawmakers are right to call on Secretary Becerra to stop the profiteering on prostate cancer medication Xtandi and make this essential drug affordable now.”

The Bayh-Dole Act of 1980 establishes government authority to force makers of drugs developed with federal funds to grant patent licenses to generic manufacturers. As the letter from Senator Warren and her colleagues in Congress demonstrate, these powers apply to prostate cancer medication, Xtandi, and yet, the Department of Health and Human Services has not acted to initiate these march-in proceedings for the drug. It’s long past due for HHS to use this right, the ensuing competition from which should help to bring prices down.

Learn more about Economic Liberties here.

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The American Economic Liberties Project works to ensure America’s system of commerce is structured to advance, rather than undermine, economic liberty, fair commerce, and a secure, inclusive democracy. Economic Liberties believes true economic liberty means entrepreneurs and businesses large and small succeed on the merits of their ideas and hard work; commerce empowers consumers, workers, farmers, and engineers instead of subjecting them to discrimination and abuse from financiers and monopolists; foreign trade arrangements support domestic security and democracy; and wealth is broadly distributed to support equitable political power.