By Bunmi Yekini
PrEP4All, a leading HIV/AIDS advocacy organization, has strongly criticized the Department of Justice (DOJ) and the Department of Health and Human Services (HHS) for their decision to abandon the appeal in United States v. Gilead. This litigation aimed to secure compensation for Gilead’s alleged infringement on government-held patents for PrEP (pre-exposure prophylaxis), a life-saving HIV prevention drug.
Jeremiah Johnson, Executive Director of PrEP4All, expressed outrage, stating, “This was a rare opportunity for a corporate giant like Gilead Sciences to be held accountable for exploiting taxpayer-funded research and price-gouging PrEP users. Instead, the Biden administration’s decision allows Gilead to escape justice, leaving communities most in need of equitable access behind.”
Gilead, accused of exploiting public-funded research while avoiding royalties, reportedly earned over $10 billion from PrEP in the U.S. alone. Despite early resistance to PrEP’s development, the company allegedly raised the price of Truvada, one of its PrEP drugs, by 45% over six years, charging up to 350 times its manufacturing cost by 2019.
“The consequences of Gilead’s actions have been devastating,” Johnson added. “Over 150,000 unnecessary HIV infections have occurred in the U.S. during the five years this case has lingered in the courts.”
Legal experts are also concerned about the implications of the government’s decision. Chris Morten, Associate Clinical Professor of Law at Columbia Law School, noted, “Government-invented drugs and patents are critical to the U.S. pharmaceutical system. Gilead’s refusal to engage in good-faith public-private partnerships sets a harmful precedent. If such partnerships break down, fewer medical breakthroughs may reach patients.”
Advocates argue that HHS’s decision not to consult key stakeholders, including PrEP4All and other community organizations, undermines the fight for affordable healthcare. They warn that this case will have long-lasting effects on access to life-saving medications, particularly in marginalized communities.
“The Biden administration’s late decision tarnishes its reputation as a healthcare access champion,” Johnson concluded, urging immediate action to address corporate interference in public health initiatives.