Bringing Low-cost Options and Competition while Keeping Incentives for New Generics Act of 2021

Bill: 117-hr-2853
Sponsor: full_name: Rep. Schrader, Kurt [D-OR-5]
Introduced: 2021-04-26
Policy area: Health
Subjects: Competition and antitrust

Drug safety, medical device, and laboratory regulation

Health care costs and insurance

Health care coverage and access

Licensing and registrations

Marketing and advertising

Prescription drugs
Latest action: action_date: 2021-04-27
text: Referred to the Subcommittee on Health.

Summaries:
action_date: 2021-04-26
action_desc: Introduced in House
text: <p><b>Bringing Low-cost Options and Competition while Keeping Incentives for New Generics Act of 2021 or the</b> <b>BLOCKING Act of 2021</b></p> <p>This bill modifies provisions related to market exclusivity for a generic drug.</p> <p>Currently, the Food and Drug Administration (FDA) awards 180 days of exclusivity on the market to a first applicant to file a qualifying application for market approval of a generic drug. Generally, this exclusivity period begins upon a first applicant's commercial marketing of the drug.</p> <p>The bill authorizes the FDA to approve a subsequent generic drug application prior to a first applicant's first date of commercial marketing if (1) the subsequent application is ready for full approval, (2) a first applicant's application has been pending for at least 30 months, and (3) the approval of a first applicant's application is not precluded by patent infringement claims asserted against that first applicant.</p>

tv_txt: I 117th CONGRESS 1st Session H. R. 2853 IN THE HOUSE OF REPRESENTATIVES April 26, 2021 Mr. Schrader introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To amend the Federal Food, Drug, and Cosmetic Act, with respect to eligibility for approval of a subsequent generic drug, to remove the barrier to that approval posed by the 180-day exclusivity period afforded to a first generic applicant that has not yet received final approval, and for other purposes.

1. Short title This Act may be cited as the Bringing Low-cost Options and Competition while Keeping Incentives for New Generics Act of 2021 or the BLOCKING Act of 2021 . 2. Change conditions of first generic exclusivity to spur access and competition Clause (iv) of section 505(j)(5)(B) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 355(j)(5)(B) ) is amended— (1) in subclause (I), after 180 days after the date of the first commercial marketing of the drug (including the commercial marketing of the listed drug) by any first applicant by inserting or by an applicant whose application is approved pursuant to subclause (III) ; and (2) by adding at the end the following new subclause: (III) Applicant approval An application containing a certification described in paragraph (2)(A)(vii)(IV) that is for a drug for which a first applicant has submitted an application containing such a certification can be approved notwithstanding the eligibility of a first applicant for the 180-day exclusivity period described in subclause (II)(aa) if each of the following conditions is met: (aa) The approval of such an application could be made effective, but for the eligibility of a first applicant for 180-day exclusivity under this clause. (bb) At least 30 months have passed since the date of submission of an application for the drug by at least one first applicant. (cc) Approval of an application for the drug submitted by at least one first applicant is not precluded under clause (iii) . (dd) No application for the drug submitted by any first applicant is approved at the time the conditions under items (aa), (bb), and (cc) are all met, regardless of whether such an application is subsequently approved. .