Generic Pharmaceutical Trade Group Steps in to Protect Patient Access To Affordable Generic Drugs

WASHINGTON (October 23, 2025) — The Association for Accessible Medicines, the trade association representing America’s manufacturers of generic and biosimilar medicines, today filed a preliminary injunction seeking to enjoin enforcement of Connecticut’s new price-control law, Sections 345–347 of Public Act No. 25-168.

The law, which became effective on July 1, 2025 and begins regulating prices on January 1, 2026, grants Connecticut sweeping authority to directly regulate the national pharmaceutical market, an unconstitutional overreach that threatens patient access to affordable medicines. The suit was filed in the United States District Court for the District of Connecticut against Mark D. Boughton, Commissioner of the Connecticut Department of Revenue Services, and Attorney General William M. Tong.

The Connecticut law claims the goal of lowering drug costs, but it conspicuously does not apply to patented drugs sold by brand-name pharmaceutical companies—which account for more than three-quarters of total prescription drug expenditures. Instead, it targets generic and biosimilar drug manufacturers, the very companies that drive affordability. If enforced, the law would most likely reduce generic competition and limit generic alternatives. Since generic drugs reduce prescription drug costs, the law’s effect undermines its stated purpose.

Generic manufacturers already encounter substantial competitive and regulatory challenges in bringing their life-saving and cost-reducing medicines to patients. Connecticut’s penalties and extraterritorial enforcement will only add to those burdens, potentially forcing generics out of the market, harming patients in Connecticut and across the country, and benefiting no one—except potentially brand-name pharmaceutical companies.

AAM has successfully challenged similar laws in other states. Most recently, in June, the U.S. Court of Appeals for the Eighth Circuit affirmed a preliminary injunction enjoining a substantially similar price-control law enacted by Minnesota.

How Public Act No. 25-168 Is Illegal:

SECTIONS 345–347 OF PUBLIC ACT NO. 25-168 ARE UNCONSTITUTIONAL

Violates the Commerce Clause of the Constitution: The law attempts to regulate businesses and transactions entirely outside the state of Connecticut, asserting control over interstate commerce reserved to Congress. Connecticut does not have the power to usurp Congress’s role.

Violates the Constitution’s Due Process Protections: The statute exposes manufacturers to significant liability without clear standards, failing to provide fair notice of what conduct triggers enforcement. It also purports to reach conduct with no meaningful nexus to Connecticut.

Generic drugs are a resounding success story. Generic medicines account for 90% of all prescriptions, but they only account for 12% of drug spending. Year over year, generic drug prices fall, while brand name drug prices rise. The overall price of generics fell by more than 5% in each of the last several years. In contrast, a recent study by the federal government found, “Drug spending is heavily driven by a relatively small number of high-cost products.” Spending on brand-name drugs has continued to rise—and so has the cost per brand-name prescription.

Imposing state price controls that deter generic entry and shrink competition will raise, not lower, costs over time.

AAM remains committed to working with patients, healthcare professionals, advocacy groups, stakeholders, and policymakers to develop smart, balanced policies that expand access to lifesaving medicines. We cannot allow misguided or bad policy to hinder the progress we are making on behalf of our nation’s patients. More competition from generics is proven to lower costs and increase access for all Americans. It’s time to stop the price-control regime in Public Act No. 25-168 and collaborate to enact legislation that supports patients now and for generations to come.

For media inquiries, contact media@accessiblemeds.org.

About AAM

The Association for Accessible Medicines, your generics and biosimilars industry, is driven by the belief that access to safe, quality, effective medicine has a tremendous impact on a person’s life and the world around them. AAM represents the manufacturers of finished generic pharmaceuticals and biosimilars, manufacturers of bulk pharmaceutical chemicals, and suppliers of other goods and services to the generic industry. Generic pharmaceuticals are 90 percent of prescriptions dispensed in the U.S. but only 12 percent of total drug spending.

About the Biosimilars Council

The Biosimilars Council, a division of the Association for Accessible Medicines, works to ensure a positive environment for patient access to biosimilar medicines. The Biosimilars Council is the leading source for information about the safety and efficacy of more affordable alternatives to costly brand biologic medicines. Areas of focus include public and health expert education, government affairs, legal affairs, and regulatory policy. More information is available biosimilarscouncil.org.