Kaul files comments on PFAS regulation, joins generic drug antitrust complaint

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Wisconsin Attorney General Josh Kaul took action on regulating PFAS chemicals and a nationwide antitrust investigation into the generic drug industry on Wednesday.

PFAS comments filed

Kaul filed comments to the U.S. Environmental Protection Agency on Wednesday supporting the agency’s plan to regulate PFAS, also known as forever chemicals, under the federal Safe Drinking Water Act.

The 22-state coalition also asked the EPA to propose final drinking water standards for perfluorooctanesulfonic acid, perfluorooctanoic acid and other PFAS. The rules are meant to establish protections for human health as soon as possible and no later than 18 months from the time the final determination to regulate is made.

“Considering that millions of people across the United States rely on public drinking water systems contaminated with PFAS, and the limited resources available to states to comprehensively address PFAS, EPA should regulate PFAS, including PFOA and PFOS, under the SDWA to set nationwide baseline drinking water standards and to protect public health,” Kaul wrote in the letter.

Exposure to PFAS chemicals may be linked to serious health effects, such as cancer, thyroid disease and liver damage. Environmental contamination often comes from military bases, firefighting training centers, airports and industrial centers.

Attorneys general from California, Colorado, Connecticut, Delaware, District of Colombia, Illinois, Iowa, Maine, Maryland, Massachusetts, Minnesota, Nevada, New Jersey, New Mexico, New York, North Carolina, Oregon, Pennsylvania, Rhode Island, Virginia and Washington joined Kaul’s comments.

Antitrust complaint

Kaul also joined a coalition of 50 states in filing a third lawsuit in an ongoing antitrust investigation into price-fixing by generic drug manufacturers. His office announced his involvement on Wednesday.

The latest complaint, filed in the U.S. District Court for the District of Connecticut, concerns 80 topical drugs used to treat a variety of skin conditions, pain and allergies.

The lawsuit alleges three manufacturers — Taro, Perrigo and Fougera — made unlawful agreements to minimize competition and raise prices on dozens of products between 2007 and 2014. The agreements resulted in billions of dollars in sales and their gaining nearly two-thirds of the market share.

The complaint is the third filed in the ongoing antitrust investigation. Two executives from one company have entered into a settlement agreement in the first lawsuit. They’re among the 18 corporate defendants, two individual defendants and 15 generic drugs named in the complaint.

The states are preparing for trial on the second complaint. Follow @WLJReporter