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HR 1051 · in committee · significant

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.

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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.

What this bill does

  • The bill allows the FDA to approve a second generic drug application if the first applicant hasn't started selling their drug within 33 months.
  • Generic drug manufacturers and the FDA are affected by changes to how market exclusivity periods work.
  • The bill takes effect upon enactment and requires the second applicant to certify they can start selling within 75 days of approval.

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Community Threads

Started by Cosponsor

  1. 01

    How would allowing a second generic applicant after 33 months affect drug prices and patient access compared to waiting for the first applicant?

  2. 02

    What protections should exist to ensure the first applicant isn't unfairly disadvantaged by losing their exclusive period?

  3. 03

    Why is the 33-month threshold and 75-day sales requirement the right timeline, rather than a different duration?

Cosponsor writes these to seed civic discussion — they aren't user posts. Sign in to reply.

Sponsor · D-IL-13

Nikki Budzinski

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House Reps cosponsoring

Introduced 2025-02-06

Legislative timeline

  1. 2025-02-06 · house · IntroReferral

    Referred to the House Committee on Energy and Commerce.

  2. 2025-02-06 · IntroReferral

    Introduced in House

  3. 2025-02-06 · IntroReferral

    Introduced in House

Congress.gov ↗

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