Legis Daily

To amend the Federal Food, Drug, and Cosmetic Act to allow for the approval of an abbreviated new drug application submitted by a subsequent applicant in the case of a failure by a first applicant to commence commercial marketing within a certain period, and for other purposes.

USA119th CongressHR-1051| House 
| Updated: 2/6/2025
Nikki Budzinski

Nikki Budzinski

Democratic Representative

Illinois

Energy and Commerce Committee

  • Introduced
  • In Committee
  • On Floor
  • Passed Chamber
  • Enacted
This bill amends the Federal Food, Drug, and Cosmetic Act to accelerate generic drug availability by modifying the 180-day exclusivity period for first applicants. It introduces a new provision allowing the Secretary to approve an abbreviated new drug application (ANDA) from a subsequent applicant under specific conditions, even if a first applicant is eligible for exclusivity. This aims to prevent delays in market entry when a first applicant fails to commence commercial marketing. For such early approval, the subsequent applicant must certify their intent to begin commercial marketing within 75 days of approval, and at least 33 months must have passed since the first applicant's submission. The bill also establishes a special forfeiture rule : if a subsequent applicant fails to market the drug within the 75-day period, their effective approval becomes tentative. They can regain effective approval only by certifying that an unforeseen event prevented marketing and that the issue has been fully resolved. These changes apply to ANDAs filed after the bill's enactment date, for which no prior Paragraph IV certification existed.
View Full Text

Suggested Questions

Get AI-generated questions to help you understand this bill better

Timeline
Feb 6, 2025
Introduced in House
Feb 6, 2025
Referred to the House Committee on Energy and Commerce.
  • February 6, 2025
    Introduced in House


  • February 6, 2025
    Referred to the House Committee on Energy and Commerce.

Health

Drug safety, medical device, and laboratory regulationPrescription drugs

To amend the Federal Food, Drug, and Cosmetic Act to allow for the approval of an abbreviated new drug application submitted by a subsequent applicant in the case of a failure by a first applicant to commence commercial marketing within a certain period, and for other purposes.

USA119th CongressHR-1051| House 
| Updated: 2/6/2025
This bill amends the Federal Food, Drug, and Cosmetic Act to accelerate generic drug availability by modifying the 180-day exclusivity period for first applicants. It introduces a new provision allowing the Secretary to approve an abbreviated new drug application (ANDA) from a subsequent applicant under specific conditions, even if a first applicant is eligible for exclusivity. This aims to prevent delays in market entry when a first applicant fails to commence commercial marketing. For such early approval, the subsequent applicant must certify their intent to begin commercial marketing within 75 days of approval, and at least 33 months must have passed since the first applicant's submission. The bill also establishes a special forfeiture rule : if a subsequent applicant fails to market the drug within the 75-day period, their effective approval becomes tentative. They can regain effective approval only by certifying that an unforeseen event prevented marketing and that the issue has been fully resolved. These changes apply to ANDAs filed after the bill's enactment date, for which no prior Paragraph IV certification existed.
View Full Text

Suggested Questions

Get AI-generated questions to help you understand this bill better

Timeline
Feb 6, 2025
Introduced in House
Feb 6, 2025
Referred to the House Committee on Energy and Commerce.
  • February 6, 2025
    Introduced in House


  • February 6, 2025
    Referred to the House Committee on Energy and Commerce.
Nikki Budzinski

Nikki Budzinski

Democratic Representative

Illinois

Energy and Commerce Committee

Health

  • Introduced
  • In Committee
  • On Floor
  • Passed Chamber
  • Enacted
Drug safety, medical device, and laboratory regulationPrescription drugs