To me, this is probably one of the more interesting stories in the news lately. Not Mrs. Clinton's $250 cap necessarily, but Turing Pharmaceuticals' price hike of Daraprim. So, it turns out, the FDA grants exclusivity for 7 years to manufacturers of orphan drugs, under the Hatch/Waxman act. This is distinct from a patent, even though it serves primarily the same purpose, but the rule granting body is the FDA, not the US patent office. This is what Turing was presumably actually buying from Impax, who bought it from someone else, who bought it from GSK.
So, the article in Vox isn't really telling the whole story. It's just not the economics of the situation, although that is very important. If someone else with the means of production wanted to start making pyrimethamine, first of all, they would need approval from the FDA for an abbreviated new drug application, and would need to demonstrate bioequivalence. This means, that whatever the formulation, whether it's an ester, or a salt, or whatever, as long as the blood levels in about 30 young healthy volunteers demonstrate a similar time to therapeutic level, it has demonstrated a close enough bioavailability, and the FDA will OK it. This is not an insurmountable obstacle. Small molecule drugs do not require extensive reverse engineering, so that is also not a huge obstacle. This part of the process is what prevents any private party from buying pyrimethamine by the truckload from a manufacturer in mainland China, purchased with a few mouse clicks via AliBaba, compounding it, and selling it.
But an FDA ANDA is not really worth buying for millions of dollars. Most of these drugs aren't really worth making anyway, especially if only about 2000 people per year actually consume it. The Orphan Drug act exclusivity provides an incentive and a measure of protection for a manufacturer to produce a pharmaceutical, since it assures that someone else can't get an ANDA and undercut them.
In recent years, small pharma companies have been buying the rights to orphan drugs, and raising the prices. Cardiac drugs, colchicine, progesterone, etc. It's a small niche market, so its an opportunity to make some quick cash.
The real question here, is why Turing would pay $55 million for Daraprim? After all, if only 2000 people a year take a fixed course of medication, a you'd have to charge about, say, $750 a tablet to turn a profit. Ouch. Good luck with that.
Who'd buy that? Only people who really need it. Which is what the uproar is all about. Apparently, although I could not find a link to support this, it was reported that Turing agreed to be a Medicaid 340B participator with Daraprim, which means that certain clinic approved by Medicaid can buy it at a discount, allowing in theory, needy people to get the drugs they need. Still, if Daraprim just increased in price by 5000%, and if 340B works by a percentage discount, it still sounds like a losing proposition for the public.
Apparently, Turing announced that they will decrease the retail price, in response to the public outcry. That means, in essence, Turing really just bought $55 million worth of hot horse----.
Winners: Impax, who sold Daraprim to Turing after a mere $1 to $13 price hike, for $55 mil. Losers: Turing Pharmaceuticals, the taxpaying and insurance buying public, and anyone with toxoplasmosis.