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AARP Reacts to Supreme Court Decision on Pay-for-Delay

Today, AARP Senior Vice President, Government Affairs, Joyce Rogers, offered the following statement in reaction to the Supreme Court’s decision in the pay-for-delay prescription drug case

June 17, 2013

Allyson Funk
202-434-2560 | | @AARPMedia

AARP Reacts to Supreme Court Decision on Pay-for-Delay

WASHINGTON, D.C. – Today, AARP Senior Vice President, Government Affairs, Joyce Rogers, offered the following statement in reaction to the Supreme Court’s decision in the pay-for-delay prescription drug case. AARP filed an amicus brief in the case.

“AARP is pleased with the Supreme Court decision in the pay-for-delay prescription drug case, Federal Trade Commission v. Actavis

“Pay-for-delay agreements involve brand name and generic drug manufacturers entering into agreements that pay the generic drug manufacturer to delay bringing its lower-priced alternative to market. This practice not only denies consumers access to lower-cost treatment options as soon as possible, but also prevents competition. The delay and lack of low-cost options reverberates throughout the health care system – including Medicare and Medicaid – and is especially burdensome for consumers.

“The Court’s decision recognizes that pay for delay arrangements may violate antitrust laws. Making sure prescription drugs are available and affordable for consumers is critical to our nation’s health care system. AARP is hopeful this decision will lead to an end to such agreements and that ultimately courts will find them anticompetitive and illegal, promoting more competition and helping reduce prescription drug costs for programs like Medicare and Medicaid as well as for consumers and other payers of health care. AARP has long advocated for ending these harmful agreements that excessively extend patent monopolies and can result in patients foregoing needed treatment because of the high cost of brand name drugs. These agreements also artificially inflate health care costs across the board; the Federal Trade Commission estimates these agreements cost consumers and taxpayers $3.5 billion per year.”

Other groups joined AARP in signing the amicus brief including the American Medical Association, National Legislative Association for Prescription Drug Prices and the U.S. Public Interest Research Groups. The full brief is available here:


AARP is a nonprofit, nonpartisan organization, with a membership of more than 37 million, that helps people turn their goals and dreams into real possibilities, strengthens communities and fights for the issues that matter most to families such as healthcare, employment and income security, retirement planning, affordable utilities and protection from financial abuse. We advocate for individuals in the marketplace by selecting products and services of high quality and value to carry the AARP name as well as help our members obtain discounts on a wide range of products, travel, and services.  A trusted source for lifestyle tips, news and educational information, AARP produces AARP The Magazine, the world's largest circulation magazine; AARP Bulletin;; AARP TV & Radio; AARP Books; and AARP en Español, a bilingual news source.  AARP does not endorse candidates for public office or make contributions to political campaigns or candidates.  The AARP Foundation is an affiliated charity that provides security, protection, and empowerment to older persons in need with support from thousands of volunteers, donors, and sponsors. AARP has staffed offices in all 50 states, the District of Columbia, Puerto Rico, and the U.S. Virgin Islands. Learn more at​


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