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Approval of Subsequent Generic Drug Applications Upon First Applicant Delay

This bill amends the Federal Food, Drug, and Cosmetic Act to allow for the approval of a subsequent abbreviated new drug application if a first applicant fails to commence commercial marketing. This approval is permitted under specific conditions, including that at least 33 months have passed since the submission of an application by a first applicant.
Key points
Authorizes the approval of a subsequent generic application if the first applicant has not commenced marketing and at least 33 months have passed since their submission.
Requires the subsequent applicant to certify that they intend to commence commercial marketing within 75 days of approval.
Establishes a forfeiture rule where the subsequent applicant loses effective approval status if they fail to market within the 75-day period, subject to exceptions for unforeseen events.
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Status:
Introduced
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Additional Information
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.
Print number: HR 1051
Sponsor: Rep. Budzinski, Nikki [D-IL-13]
Process start date: 2025-02-06