(b) Prohibition on product hopping.—

“(1) PRIMA FACIE.—Except as provided in paragraph (2), a manufacturer of a reference product or listed drug shall be considered to have engaged in an unfair method of competition in or affecting commerce in violation of section 5(a) if the Commission demonstrates by a preponderance of the evidence in a proceeding initiated by the Commission under subsection (c)(1)(A), or in a suit brought under subparagraph (B) or (C) of subsection (c)(1), that, during the period beginning on the date on which the manufacturer of the reference product or listed drug first receives notice that an applicant has submitted to the Commissioner of Food and Drugs an abbreviated new drug application or biosimilar biological product license application and ending on the date that is 180 days after the date on which that generic drug or biosimilar biological product is first marketed, the manufacturer engaged in either of the following actions:

“(A) The manufacturer engaged in a hard switch, which shall be established by demonstrating that the manufacturer engaged in either of the following actions:

“(i) Upon the request of the manufacturer of the listed drug or reference product, the Commissioner of Food and Drugs withdrew the approval of the application for the listed drug or reference product or placed the listed drug or reference product on the discontinued products list and the manufacturer marketed or sold a follow-on product.

“(ii) The manufacturer of the listed drug or reference product—

“(I) (aa)announced withdrawal of, discontinuance of the manufacture of, or intent to withdraw the application with respect to the drug or reference product in a manner that impedes competition from a generic drug or a biosimilar biological product, as established by objective circumstances; or

“(bb) destroyed the inventory of the listed drug or reference product in a manner that impedes competition from a generic drug or a biosimilar biological product, which may be established by objective circumstances; and

“(II) marketed or sold a follow-on product.

“(B) The manufacturer engaged in a soft switch, which shall be established by demonstrating that the manufacturer engaged in both of the following actions:

“(i) The manufacturer took actions with respect to the listed drug or reference product other than those described in subparagraph (A) that unfairly disadvantage the listed drug or reference product relative to the follow-on product described in clause (ii) in a manner that impedes competition from a generic drug or a biosimilar biological product that is highly similar to, and has no clinically meaningful difference with respect to safety, purity, and potency from, the reference product, which may be established by objective circumstances.

“(ii) The manufacturer marketed or sold a follow-on product.

Sen. Kamala Harris’ campaign is in deep trouble. The senator was once seen as one of the most promising contenders for the Democratic nomination. Now she seems stuck in the low single digits. And those who know how her campaign has been run don’t seem exactly surprised. The New York Times talked to “more than 50 current and former campaign staff members and allies” who described in detail how the campaign seems to have made one bad decision after another while failing to manage personnel very effectively.

The unhappiness within Harris’ team was evident in the resignation letter of Kelly Mehlenbacher, the campaign’s state operations director, in November. “This is my third presidential campaign and I have never seen an organization treat its staff so poorly,” Mehlenbacher wrote, criticizing the leaders of the campaign for laying off staffers without notice. She went on to say that “with less than 90 days until Iowa we still do not have a real plan to win.” Even though Mehlenbacher emphasized that she still thinks “Harris is the strongest candidate” for the general election, “I no longer have confidence in our campaign or its leadership.”

Many of those the Times spoke to seem to lay much of the blame for the current situation on two people: Maya Harris, the campaign chairwoman, and Juan Rodriguez, the campaign manager. Maya Harris is the senator’s sister so she often goes unchallenged and campaign adies say that it isn’t clear who is actually in charge. They also point the finger at Harris herself, noting that she often waffled and didn’t seem clear of where she wanted to go, never actually choosing a side in the liberals vs moderates battle that has come to dominate the Democratic contest.

It seems many people close to the senator have been upfront with her that she needs to shake things up. Rep. Marcia Fudge, who endorsed Harris, says she must fire Rodriguez. But at the same time, she acknowledged Harris herself was to blame for at least some of the problems within the campaign. “I have told her there needs to be a change,” Fudge said. “The weakness is at the top. And it’s clearly Juan. He needs to take responsibility — that’s where the buck stops.” Harris declined to be interviewed for the piece.

https://slate.com/news-and-politics/2019/11/kamala-harris-aide-resigns-scathing-letter-staff-

AUSTIN, Texas — On Monday, Chick-fil-A announced it has ceased funding two Christian organizations after coming under fire from LGBTQ activists.

Later that evening, Texas Governor Greg Abbott tweeted a link to a news report about the change and wrote "I'm headed to Bill Miller's tonight."

Critics have called Abbott's tweet homophobic, claiming Republicans' issue with Chick-fil-A was never about religious freedom but oppression of LGBTQ rights.

Bill Miller Bar-B-Q came under fire over the summer after a tweet sent out by Rep. Joaquin Castro named the 44 major donors from San Antonio to President Donald Trump's re-election campaign, including Balous Miller, owner of the Bill Miller Bar-B-Q restaurant chain.

https://cbsaustin.com/news/local/gov-abbott-headed-to-bill-millers-after-chick-fil-a-stops-funding-to-anti-lgbtq-groups