Replies to post #312000 on Amarin Corp Plc (AMRN)

[rafunrafun]

P -

a lot of states have a mandatory substitution

Thank you for the link. It appears that I was correct (not saying that you said anything contrary).

My point is that despite these mandatory substitution laws, the patient gets the final say:

Substituting generic for brand name drugs whenever possible has been proposed to control prescription drug expenditure growth in the United States. This work investigates two types of state laws that regulate the procedures under which pharmacists substitute bioequivalent generic versions of brand name drugs. Mandatory substitution laws require pharmacists to use the generic as a default, and presumed consent laws allow them to assume that the patient agrees to the substitution. Both situations can be overruled by the patient. Using plausibly exogenous changes in states’ laws, we use difference-in-differences and a discrete choice model to show that while the mandatory switching laws have little effect, the presumed consent laws reduce consumers’ probability of purchasing brand name drugs by 3.2 percentage points. The differential effectiveness of the laws is likely caused by pharmacists’ profit motives. These results offer important implications for policies that seek to reduce drug expenditures by incentivizing the use of generic drugs.

https://www.ncbi.nlm.nih.gov/pmc/articles/PMC6172151/#:~:text=Mandatory%20substitution%20laws%20require%20pharmacists,patient%20agrees%20to%20the%20substitution.&text=These%20results%20offer%20important%20implications,the%20use%20of%20generic%20drugs.

[Meowza]

a lot of states have a mandatory substitution

And if a generic company sells into such a state, I feel like the above would be relevant to GSK/Teva-style infringement. Instead of FDA compelling label changes, "a lot of states" compel substitution.