Senate Judiciary Committee Ranking Member Chuck Grassley made the following statement after the Federal Trade Commission (FTC) released a staff report that found drug companies entered into 28 potential pay-for-delay deals between October 1, 2010 and September 30, 2011.

Grassley, along with Senator Herb Kohl of Wisconsin, is the author of legislation that would end these settlements between generic and brand name drug companies that keep more affordable generics off the market.  The senators also sent a letter to the Deficit Reduction Committee encouraging them to use their legislation as a cost-saving measure.   The Congressional Budget Office estimated that the Grassley-Kohl bill will save the federal government - which pays approximately one-third of all prescription costs - $2.68 billion over ten years.  The Federal Trade Commission estimates that ending these settlements would save consumers who pay for prescription drugs through private insurance or on their own $3.5 billion per year.   The Washington Post also editorialized about the issue today.

Here's Grassley's comment.

"The pay-for-delay tactics employed by brand name and generic drug companies only benefit those companies that engage in such settlements.  It hurts consumers who don't have access to affordable medications, and it hurts taxpayers who pay for prescription drugs in both Medicare and Medicaid.  The FTC's study shows a remarkable continuation of a practice that puts the interests of drug companies above the interests of consumers.  No one has to engage in such deal making at the expense of consumers, and it's time to put an end to it."

According to the FTC staff report, companies reached 156 final patent settlements in fiscal 2011, and 28 of those settlements contained a payment to a generic manufacturer which restricted the generic company's ability to market its product. The FTC went on to say that "Of those 28 settlements, 18 involved generics that were so-called 'first filers,' meaning that they were the first to seek FDA approval to market a generic version of the branded drug, and, at the time of the settlement, were eligible to exclusively market the generic product for period of time." The FTC press release explains that "Because of the regulatory framework, when first filers delay entering the market, other generic manufacturers can also be blocked from entering the market, which makes such patent settlement deals particularly harmful to consumers."

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Halloween is one of the most exciting holidays for children because they can dress up in elaborate costumes and act out of character. However, as the sun goes down and trick-or-treaters start roaming the streets of your neighborhood, there are several things to worry about as a parent or guardian. Potentially hazardous costumes or accessories, tainted candy and crossing the street at night without supervision are only a few concerns that should be addressed prior to a child leaving the house.

Children ages 5-14 are four times more likely to be killed while walking on Halloween evening compared with other evenings of the year. Falls are the leading cause of injuries among children on Halloween. Halloween is a fun time for children, but it also is an important time to be extra vigilant for possible safety hazards?so that your children have a fun and safe Halloween.

Beverly Losman, with Children's Healthcare of Atlanta and Safe Kids Georgia offers these tips to parents who want to make this a safe Halloween:

• Avoid costumes with excessive flowing fabric, such as capes or sleeves. Loose clothing can easily brush up against a jack-o-lantern or other open flame, causing your child's costume to catch on fire.
• Make sure your child's costume fits properly. Oversized costumes and footwear, such as clown or adult shoes, can cause your child to trip and fall, bringing them home with more scrapes and bruises than candy. Avoid wearing hats that will slide over their eyes.
• Accessorize with flexible props, such as rubber swords or knives. Inflexible props can cause serious injury in case of a fall.
• Apply face paint or cosmetics directly to the face, and make sure it is non-toxic and hypoallergenic. A loose-fitting mask can obstruct a child's vision. If a mask is worn, be certain it fits securely. Cut the eyeholes large enough for full vision.
• If possible, choose a brightly colored costume that drivers can spot easily. If not, decorate his costume with reflective tape and stickers.
• Always supervise children under the age of 13. Older children should trick-or-treat in a group, and a curfew should be established for them. Attach the name, address and phone number (including area code) of children under age 13 to their clothes in case they get separated from adults. Have each child carry a cell phone or some loose change in case they need to call home or get lost.
• Children should only go to well-lit houses and remain on the porch within street view. Teach your child to cross the street only at crosswalks or intersections. Make sure he understands never to cross between parked cars and to always look both ways before crossing. Remind your child to stay on the sidewalk, if possible, and to walk facing traffic. Children should walk, not run, and avoid using shortcuts across backyards or alleys. Use flashlights when trick-or-treating in the dark.
• Remind your child not to eat any treats before you have a chance to examine them thoroughly for holes and punctures. Throw away all treats that are homemade or unwrapped. To help prevent your children from munching, give them a snack or light meal before they go trick-or-treating.
• Parents of food-allergic children must read every candy label in their child's Halloween bag to avoid a potentially life-threatening situation for the child.

*If you use any of these tips in your publication, please credit them to Children's Healthcare of Atlanta*

New report focuses on smoke alarm effectiveness

October 25, 2011 - In 2005-2009, roughly two-thirds of home fire deaths resulted from fires in properties without working smoke alarms, according to the report "Smoke Alarms in U.S. Home Fires," released by the National Fire Protection Association (NFPA). The report examines the number of reported fires in U.S. households with and without working smoke alarms, as well as the effectiveness of smoke alarms in preventing fire-related deaths.

"Working smoke alarms are essential in saving lives from fire," said Lorraine Carli, vice president of communications for NFPA. "We know you can have as little as three minutes to get out if you have a fire before it becomes deadly. The early warning provided by smoke alarms gives you extra time to escape."

Key findings from the report include :

•        The death rate per 100 reported fires was twice as high in homes without a working smoke alarm as it was in home fires with smoke alarm protection.

•        Out of all home fire deaths, 38 percent resulted from fires in which no smoke alarms were present.

•        Hardwired smoke alarms are more reliable than those powered solely by batteries.

•        Many homes do not have the protection recommended in recent editions of NFPA 72®, National Fire Alarm and Signaling Code, which requires interconnected smoke alarms in every bedroom, outside each sleeping area, and on every level of the home.

NFPA recommendations:

•          Install smoke alarms inside every bedroom, outside each sleeping area and on every level of the home, including the basement.

•          For the best protection, interconnect all smoke alarms so when one sounds they all sound.

•          Use both photoelectric and ionization smoke alarms or combination ionization and photoelectric alarms, also known as dual sensor alarms. An ionization smoke alarm is generally more responsive to flaming fires and a photoelectric smoke alarm is generally more responsive to smoldering fires.

•          Replace all smoke alarms every 10 years or sooner if they do not respond properly when tested.

•          Test all smoke alarms at least once a month by using the test button.

For more information on smoke alarms and safety tips, visit NFPA's website at www.nfpa.org/smokealarms.

Estimates in the report are based on data collected from fire departments and civilians that responded to the U.S. Fire Administration's (USFA) National Fire Incident Reporting System (NFIRS), and NFPA's National Fire Experience Survey.

About the National Fire Protection Association (NFPA)

NFPA is a worldwide leader in fire, electrical, building, and life safety. The mission of the international nonprofit organization founded in 1896 is to reduce the worldwide burden of fire and other hazards on the quality of life by providing and advocating consensus codes and standards, research, training, and education. Visit NFPA's website at www.nfpa.org for more information.