Source: money.cnn.com/2016/09/06/news/companies/mylan-schneiderman-investigation/
Mylan's program to distribute its troubled EpiPens in schools are drawing antitrust allegations.
by Jackie Wattles @jackiewattles
September 6, 2016: 2:57 PM ET
Excerpt:
Senators Richard Blumenthal and Amy Klobuchar asked the Federal Trade Commission Tuesday to look into whether the company took illegal steps "to protect its EpiPen product from competition."
"As the cost of EpiPens skyrocketed, schools seeking relief turned to Mylan's 'EpiPen4Schools' program, which offered a significant discount for the lifesaving drug," a statement from the senators reads. "Some of these schools were required to sign a contract agreeing not to purchase any products from Mylan's competitors for a period of 12 months."
And a little later in the same article (where it discusses facts versus the above unsubstantiated allegations from two politicians):
"Mylan's EpiPen4Schools program gives free injectors to about 65,000 schools nationwide, and the company issued a statement Tuesday denying the claims its contracts included non-compete agreements."
•Mylan will only provide 4 EpiPen® or EpiPen Jr® Auto-Injectors or a 2 pack of each.
—Of course, there is also this law that helps Mylan quite a bit:
“Section 504 of the Rehabilitation Act of 1973 and the Americans with Disabilities Act of 1990 (ADA) are major pieces of federal legislation designed to protect the civil rights of individuals with disabilities.8-10 They define a disability as “an impairment that limits a major life activity.”10-12 In food allergies, three major life activities—eating, breathing, and caring for self—could be affected.10,11
Parents of children with potentially life-threatening allergies have the right to request a 504 Plan for their child’s school to document how teachers and other staff will address trigger avoidance and anaphylaxis treatment.8,9”
•Gayle Manchin
—The mother of Mylan CEO, Heather Bresch.
—Gayle Manchin was the president of the National Association of State Boards of Education when Bresch became CEO of Mylan in 2012. Ironically, soon after Bresch became CEO of Mylan, and just four month after the launch of EpiPen4Schools (August 2012), which later becomes a mandatory product via lobbying efforts, the NASBE launched an Epinephrine Policy Initiative on December 10, 2012 featuring none other than, you guessed it, Mylan.
—NASBE’s press release stated:
”Arlington, VA — With the rise in reported food allergies among students in the last 15 years, it is crucial that policymakers understand how to best prepare school personnel to deal with related health emergencies. To help with those efforts, the National Association of State Boards of Education (NASBE) is launching a new initiative, in collaboration with Mylan Specialty, designed to help state boards of education as they develop student health policies regarding anaphylaxis and epinephrine auto injector access and use.”
www.nasbe.org/partners/nasbe-launches-epinephrine-policy-initiative/—Here is a map of the USA via the Food Allergy Research and Education featuring the School Access to Epinephrine aka EpiPen and includes every state's legislation regarding stock and prescription carrying of epinephrine aka EpiPen in these cases.
www.foodallergy.org/advocacy/epinephrine/map#menu•Joe Manchin
—Heather Bresch’s father.
—Democratic Governor of West Virginia 2005-2010
—US Democratic Senator of West Virginia since 2010.
—Enough said about him.
•Now, let me point your attention to a Lobbying Disclosure filed by Mylan during Q1 in 2012 after Heather Bresch became CEO of Mylan. In it a very important name is in it: LARA RAMSBURG
disclosures.house.gov/ld/pdfform.aspx?id=300474027•Lara Ramsburg
—Ramsburg was the policy director for the West Virginia Governor in 2009.
—Joe Manchin, Bresch’s father, was Governor of West Virginia during 2009.
—Ramsburg was also the campaign spokeswoman for Manchin during his campaign for US Senate in 2010.
—Ramsburg was the VP of Government Relations for Mylan during 2012 when Bresch became CEO..
—Lobbying efforts were compensated $356,336.77 during Q1.
—What is the date signed by Lara Ramsburg on the disclosure: April 20, 2012.
—When did EpiPen4Schools started: August 2012
—When did Bresch’s mother, Gayle Manchin, use her husband's influence, along with Ramsburg’s lobbying efforts to launch the Epinephrine Policy Initiative: December 10, 2012
•When did the government get involved with EpiPen?
—After 2012.
•When were the most substantial price hikes of EpiPen made?
—After 2012
•Snippet from Heather Bresch’s testimony before the US House of Representatives Committee on Oversight and Government Reform
•”We announced the first ever generic version of the EpiPen product, which will be priced at $300. This unprecedented move is the fastest and most direct way to reduce the price for all patients.”
—Mylan’s epinephrine products are already generics. CEO Heather Bresch says before Chairman Jason Chaffetz that the “generic” will be the exact same product, the exact same “generic”
m.youtube.com/watch?v=bDfc_gMC370—And because I am running out of time and have the best for another date…
•mnkdfann, I saved the last for you
•mnkdfann, you said:
And a little later in the same article (where it discusses facts versus the above unsubstantiated allegations from two politicians):
"Mylan's EpiPen4Schools program gives free injectors to about 65,000 schools nationwide, and the company issued a statement Tuesday denying the claims its contracts included non-compete agreements."
— Duckworth went off on Mylan's EpiPen4Schools program. To get the drug, schools have to promise not to buy it from anyone else.
"That, to me, is an unfair monopoly," she said.
Bresch said the schools don't have to buy them if they don't want to.
"That's right, they don't have to buy them, but your own mother is out there ... passing out your guides for Mylan," Duckworth said.
She added that some of the schools being lobbied by Bresch's mother, who was president of the National Association of State Boards of Education, had no clue about her connection to the CEO.
Bresch said this simply wasn't true.
Rep. Mick Mulvaney also talked about government intervention in the project. He said his colleagues mostly asked questions about an industry it doesn't understand.
"I'll tell you what we do know, though, is that you've been in our hallways to ask us to make people buy your stuff," he said, saying that 11 states have laws requiring EpiPens be available in schools. "You've lobbied us to make the taxpayer buy your stuff. ... I was here when we did it."
He continued: "You came and you asked the government to get in your business, so here we are today. And I was as uncomfortable with some of these questions as you were ... but I have to defend both my Republican and Democrat colleagues for these questions because you've asked for it, so I guess this is my message.
"If you want to come to Washington, if you want to come to the state capitol and lobby us to make us buy your stuff, this is what you get. You get a level of scrutiny and a level of treatment that would ordinarily curl my hair, but you asked for it!"
And with that, Chaffetz called a recess.
www.businessinsider.com/mylan-ceo-heather-bresch-house-oversight-committee-hearing-epipen-2016-9