FTC Revives Orange Book Listing Challenges

By , and on June 4, 2025

On May 21, 2025, the Federal Trade Commission (FTC) issued its third round of warning letters – and its first under the Trump administration – against pharmaceutical manufacturers challenging their allegedly improper patent listings in the Food and Drug Administration’s Orange Book. The FTC’s action aims to ensure fair competition and lower healthcare costs by preventing brand-name manufacturers from delaying generic competition. Companies that have received warning letters should review their current listings, especially the underlying claims in the patents, and seek legal counsel to ensure compliance.

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Elai Katz
Elai Katz is a strategic antitrust lawyer with over two decades of experience handling mergers and acquisitions, litigation, counseling and government investigations. He represents buyers and sellers across a range of industries, including financial services, insurance, healthcare, life sciences, online retail, beverage, airline, and media and telecommunications. Read Elai Katz's full bio. 


Lisa P. Rumin
Lisa P. Rumin focuses her practice on antitrust, regulatory and litigation matters. She assists clients across a variety of industries and has represented numerous clients in the healthcare, pharmaceutical, and biotechnology industries. Lisa advises clients on mergers and acquisitions, including obtaining clearance from the Federal Trade Commission (FTC) and Department of Justice (DOJ), as well as counsels clients on issues regarding antitrust compliance, pricing, and distribution. Read Lisa Rumin's full bio here. 


Betty Zhang
Betty (Yajing) Zhang focuses her practice on antitrust and other regulatory matters. Read Betty (Yajing) Zhang's full bio. 

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