bilby
Fair dinkum thinkum
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It wouldn't have to be manufactured outside US. The patents have expired, there is no reason the generic form couldn't be done completely within US borders. My understanding is that even the pills sold in India or Europe are made by the same company, and not generics. I could be wrong though.It is perfectly possible for a manufacturer outside the USA to start making this drug and exporting it to the US market. All they need to do is to ensure that their manufacturing facility meets the requirements of the US code of Good Manufacturing Practice for pharmaceuticals (cGMP); that their testing facilities meet the Good Laboratory practice rules; Then they can have the FDA inspect their plant and laboratories; they can develop a formulation and manufacturing process, and have that approved by the FDA; then they can start making tablets, and can apply for the relevant import and export permits (these are probably not required - if the supplier is in a country with MFN status, and as the pharmaceutical in question is not a potential drug of addiction). The entire process could easily be approved in a year, if the FDA decided to fast-track it; but would more likely take about two to five years.
The stumbling block seems to be that the process to ramp up production is too costly compared to the reward. Why go through 2-5 year certification process, only to produce a cheap generic drug that's only used by small number of patients? The only reason why Turing Pharmaceutical can sell it for $750 a pop is because nobody else is producing it, but for anyone else entering the market the expected price would go back to a few bucks.
Sure; the same basic process applies in the US - with the caveat that most US manufacturing and testing sites are already GMP/GLP certified by the FDA, so it would be a little quicker. But the synthesis of the active ingredient is likely only done at one plant in the US currently; so it is a race to see whether a US plant could get the new process up and running, or whether an existing plant overseas can get certified first.
The real problem is exactly as you have identified - this stuff is so cheap to make, and so expensive to get set up and licensed to make, that the only way for it to be profitable is for it to be a monopoly. Which opens the door to assholes who decide that margins in the 100 - 200% range are not enough, and want to abuse their monopoly position, knowing that the patients cannot simply stop taking the drugs.
In such a situation, there are three choices - 1) Accept the extortion and pay the asshole whatever he demands; 2) Lower the regulatory hurdles until competition becomes viable, and let the market push the price down; or 3) Regulate the price as well as the manufacturing and supply process.
Option 1 is unacceptable for reasons which I hope are obvious. Option 2 opens up the prospect of poor quality and/or fake drugs finding their way to patients; so Option 3 is really the only workable solution - despite the horror that government price controls evoke in the free market evangelists.
This is one area where the free market simply cannot work - customers are not able to determine the quality of the product, because the difference between a tablet that will save your life and a tablet that will do nothing at all (or may even poison you) is only able to be determined by highly skilled people working in a well equipped laboratory. Free markets rely on the customers having at least some way to tell what the quality of the goods is; and with pharmaceuticals, this is really not possible. So some central trusted authority is needed to protect the customers from unscrupulous suppliers.
In an unregulated marketplace, only fake tablets can be sold - because the counterfeiters can always undercut the legitimate suppliers; and the customers have no way to spot the difference between a real product and a fake.