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SENATE 1067118th CongressPlaced on Senate Legislative Calendar under General Orders. Calendar No. 107.

Ensuring Timely Access to Generics Act of 2023

Last Action
6/22/2023

Actions

  • 2023-06-22Placed on Senate Legislative Calendar under General Orders. Calendar No. 107.
  • 2023-06-22Committee on Health, Education, Labor, and Pensions. Reported by Senator Sanders with an amendment in the nature of a substitute. Without written report.
  • 2023-06-22Committee on Health, Education, Labor, and Pensions. Reported by Senator Sanders with an amendment in the nature of a substitute. Without written report.
  • 2023-05-11Committee on Health, Education, Labor, and Pensions. Ordered to be reported with an amendment in the nature of a substitute favorably.
  • 2023-03-29Read twice and referred to the Committee on Health, Education, Labor, and Pensions.
  • 2023-03-29Introduced in Senate

CRS Summary

As of 2023-06-22 (25)

Ensuring Timely Access to Generics Act of 2023

This bill establishes additional requirements related to citizen petitions concerning applications for generic drug or biosimilar market approval. (Citizen petitions are petitions submitted by third parties requesting that the Food and Drug Administration (FDA) take certain actions, such as requiring additional warnings on a drug.)

Under the bill, the FDA may deny a citizen petition that (1) was submitted primarily to delay the approval of the relevant application, or (2) does not on its face raise valid scientific or regulatory issues. Currently, the FDA may deny a petition as an attempt at delay only if the petition meets both of these requirements.

The bill also expressly requires a third party, before filing a lawsuit to force the FDA to set aside or prevent market approval of a generic drug or biosimilar, to first file a citizen petition with the information and arguments that form the basis of the lawsuit. A citizen petition must be filed within 60 days of when the filer knew or reasonably should have known the information that forms the basis of the petition.

Cosponsors (5)

  • Susan Collins (R-ME)
  • Michael Bennet (D-CO)
  • Marco Rubio (R-FL)
  • Tammy Baldwin (D-WI)
  • Mike Braun (R-IN)

Subjects

  • Drug safety, medical device, and laboratory regulation
  • Prescription drugs
Read on Congress.gov

Sourced from Congress.gov (public domain).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.