RFK Jr. Open to Confiscating Pharmaceutical Patents
Ahead of his hearing this week, Trump’s nominee for health secretary engaged with Hill staffers.
TroibNews 
During a closed-door meeting with Senate Finance Committee staffers, Robert F. Kennedy Jr. showed a willingness to consider a significant progressive measure aimed at reducing drug prices, as reported by three sources familiar with the conversation, who spoke on the condition of anonymity.
Last week, President Donald Trump’s nominee for health secretary suggested the possibility of granting the government the authority to take patents for expensive medications from manufacturers and distribute them to other drug producers to help drive down costs, according to the same sources.
This strategy—backed for a long time by progressive Democrats and only tentatively by former President Joe Biden—would utilize executive powers to appropriate certain drug patents developed with taxpayer funding, licensing them to other manufacturers who could produce and sell them at lower prices. Supporters argue that this would foster enhanced competition in the market for some of the most costly prescription drugs currently protected by patents.
Kennedy's remarks precede his confirmation hearings in Congress this week and may heighten skepticism among conservatives already concerned about his history as a Democrat. With limited experience in health policy, Kennedy has faced backlash from social conservatives, including former Vice President Mike Pence, for his past support of abortion rights.
Adopting such measures would mark a significant departure from long-established Republican beliefs regarding health care, which typically favor free-market principles, aligning Kennedy more closely with liberal Senators like Elizabeth Warren and Bernie Sanders, who advocate for extensive federal measures to regulate drug pricing.
It remains unclear whether Kennedy supported these proposals, which would make use of the government's “march-in” rights and compulsory licensing authority, with Trump’s approval or if he was sharing his personal views. His comments were made during a Q&A session with staffers.
Katie Miller, Kennedy's spokesperson, challenged the depiction of the exchange.
"This is once again another example of PMG carrying Democrats' water. After PMG was told this did not occur the way Democrats have described it, they're still seeking to publish it in an attempt to denigrate Bobby Kennedy and create a story where there is not one," she stated. "The fact remains, this did not occur. This is a smear campaign against Donald J. Trump."
In 2023, the Biden administration affirmed the legality of march-in rights amid calls from Warren and Sanders to explore the idea. However, it fell short of promoting the use of that authority or suggesting specific drugs for review.
Republicans criticized Biden's stance at that time.
"This kind of short-sighted decision would kill American health care innovation and deny millions of Americans future lifesaving cures and treatments," Sen. Bill Cassidy remarked in a statement labeling the use of march-in rights illegal.
Cassidy, who chairs the Senate HELP Committee, is now a critical vote concerning Kennedy's confirmation. His spokesperson declined to comment.
This situation also highlights the absence of a comprehensive strategy to reduce drug prices from the Trump administration.
During his initial campaign in 2016, Trump vowed to confront pharmaceutical companies about pricing. While in office, he attempted some measures to manage the high costs, such as allowing states to import lower-cost drugs from Canada—actions that have been continued by the Biden administration, though they have not significantly impacted drug prices. Other initiatives either stalled or faced legal challenges.
On the campaign trail in 2023, Trump reiterated his commitment to lowering drug prices. “On Day One of my new term, I will sign an executive order to end this global freeloading on American consumers for once and for all,” Trump declared in a policy video posted on his campaign site, pledging to reinstate an executive order from his first term that aimed for Medicare to pay the lowest prices available internationally.
However, this initiative never came to fruition as the campaign abandoned the proposal a month before the election without explanation.
Last week, Trump reversed a Biden executive order regarding drug pricing without outlining a clear plan for how he intends to tackle the high costs of prescription medications, creating an opportunity for Democrats to respond.
“President Trump used his first day in office to … bend the knee to Big Pharma,” Sen. Tammy Baldwin wrote on X, while former Speaker Nancy Pelosi accused Trump of breaking a campaign promise by “BLOCKING a program that cut Rx drug prices for seniors and working families.”
Democratic responses inflated the implications of Trump’s repeal—highlighting that the executive order he overturned primarily directed the Department of Health and Human Services to experiment with new pricing models. However, Trump's lack of a clear direction on drug pricing left a gap that Democrats quickly exploited, particularly on an issue that resonates with many voters who view current drug prices as excessively high.
Debra A Smith contributed to this report for TROIB News
Last week, President Donald Trump’s nominee for health secretary suggested the possibility of granting the government the authority to take patents for expensive medications from manufacturers and distribute them to other drug producers to help drive down costs, according to the same sources.
This strategy—backed for a long time by progressive Democrats and only tentatively by former President Joe Biden—would utilize executive powers to appropriate certain drug patents developed with taxpayer funding, licensing them to other manufacturers who could produce and sell them at lower prices. Supporters argue that this would foster enhanced competition in the market for some of the most costly prescription drugs currently protected by patents.
Kennedy's remarks precede his confirmation hearings in Congress this week and may heighten skepticism among conservatives already concerned about his history as a Democrat. With limited experience in health policy, Kennedy has faced backlash from social conservatives, including former Vice President Mike Pence, for his past support of abortion rights.
Adopting such measures would mark a significant departure from long-established Republican beliefs regarding health care, which typically favor free-market principles, aligning Kennedy more closely with liberal Senators like Elizabeth Warren and Bernie Sanders, who advocate for extensive federal measures to regulate drug pricing.
It remains unclear whether Kennedy supported these proposals, which would make use of the government's “march-in” rights and compulsory licensing authority, with Trump’s approval or if he was sharing his personal views. His comments were made during a Q&A session with staffers.
Katie Miller, Kennedy's spokesperson, challenged the depiction of the exchange.
"This is once again another example of PMG carrying Democrats' water. After PMG was told this did not occur the way Democrats have described it, they're still seeking to publish it in an attempt to denigrate Bobby Kennedy and create a story where there is not one," she stated. "The fact remains, this did not occur. This is a smear campaign against Donald J. Trump."
In 2023, the Biden administration affirmed the legality of march-in rights amid calls from Warren and Sanders to explore the idea. However, it fell short of promoting the use of that authority or suggesting specific drugs for review.
Republicans criticized Biden's stance at that time.
"This kind of short-sighted decision would kill American health care innovation and deny millions of Americans future lifesaving cures and treatments," Sen. Bill Cassidy remarked in a statement labeling the use of march-in rights illegal.
Cassidy, who chairs the Senate HELP Committee, is now a critical vote concerning Kennedy's confirmation. His spokesperson declined to comment.
This situation also highlights the absence of a comprehensive strategy to reduce drug prices from the Trump administration.
During his initial campaign in 2016, Trump vowed to confront pharmaceutical companies about pricing. While in office, he attempted some measures to manage the high costs, such as allowing states to import lower-cost drugs from Canada—actions that have been continued by the Biden administration, though they have not significantly impacted drug prices. Other initiatives either stalled or faced legal challenges.
On the campaign trail in 2023, Trump reiterated his commitment to lowering drug prices. “On Day One of my new term, I will sign an executive order to end this global freeloading on American consumers for once and for all,” Trump declared in a policy video posted on his campaign site, pledging to reinstate an executive order from his first term that aimed for Medicare to pay the lowest prices available internationally.
However, this initiative never came to fruition as the campaign abandoned the proposal a month before the election without explanation.
Last week, Trump reversed a Biden executive order regarding drug pricing without outlining a clear plan for how he intends to tackle the high costs of prescription medications, creating an opportunity for Democrats to respond.
“President Trump used his first day in office to … bend the knee to Big Pharma,” Sen. Tammy Baldwin wrote on X, while former Speaker Nancy Pelosi accused Trump of breaking a campaign promise by “BLOCKING a program that cut Rx drug prices for seniors and working families.”
Democratic responses inflated the implications of Trump’s repeal—highlighting that the executive order he overturned primarily directed the Department of Health and Human Services to experiment with new pricing models. However, Trump's lack of a clear direction on drug pricing left a gap that Democrats quickly exploited, particularly on an issue that resonates with many voters who view current drug prices as excessively high.
Debra A Smith contributed to this report for TROIB News
