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S. 250 117th Congress Senate

Fairness in Orphan Drug Exclusivity Act

Official title: A bill to amend the Federal Food, Drug, and Cosmetic Act with respect to limitations on exclusive approval or licensure of orphan drugs, and for other purposes.

Introduced: February 4, 2021 Introduced by: Bill Cassidy Republican · Louisiana See on congress.gov
Health Competition and antitrustDrug safety, medical device, and laboratory regulationLicensing and registrationsMarketing and advertisingPrescription drugs
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This bill died when the 117th Congress ended
It never became law before the 117th Congress (2021–2022) adjourned, and bills don't carry over to the next Congress. It would have to be reintroduced. You can still save it for reference, but it won't receive updates.
 Everywhere this bill has been 2 steps
Introduced
In committee
Reported out
Passed House
Passed Senate
To President
Became law
Feb 4, 2021
Read twice and referred to the Committee on Health, Education, Labor, and Pensions.
Feb 4, 2021
Introduced in Senate
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 Latest action February 4, 2021

Read twice and referred to the Committee on Health, Education, Labor, and Pensions.

 Plain-English summary Congressional Research Service

Fairness in Orphan Drug Exclusivity Act

This bill limits which orphan drugs may be granted a market exclusivity period by the Food and Drug Administration (FDA). (Generally, an orphan drug is one that is not economically viable because of the rarity of the disease that it treats; the sponsor of an FDA-designated orphan drug may be granted various incentives, such as a seven-year period in which the FDA may not grant market approval to a different sponsor for the same drug to treat the same disease.)

Under this bill, if a drug is designated as an orphan drug on the basis that there is no reasonable expectation that the sponsor will recover the costs of developing and distributing the drug from U.S. sales, the drug shall be granted the seven-year exclusivity period only if the sponsor demonstrates that there is no reasonable expectation that it will recover such costs specifically within its first 12 years of U.S. sales of the drug. This requirement shall also apply retroactively to an orphan drug that was granted such an exclusivity period before this bill's enactment.

When deciding whether an orphan drug meets this requirement, the FDA shall consider the sales of all drugs from the sponsor that are covered by the same orphan drug designation.

 Related & companion bills 1
 Bill text 1 version

Source documents hosted by congress.gov.

 Committees of jurisdiction 1
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APA
U.S. Congress. (2026). S. 250: Fairness in Orphan Drug Exclusivity Act. 117th Congress. Open America. https://openamerica.io/bill/117-S-250/
MLA
"S. 250: Fairness in Orphan Drug Exclusivity Act." 117th Congress, 2026, Open America, https://openamerica.io/bill/117-S-250/.
Bluebook (legal)
S. 250, 117th Cong. (2026), https://openamerica.io/bill/117-S-250/.
Markdown link
[S. 250: Fairness in Orphan Drug Exclusivity Act](https://openamerica.io/bill/117-S-250/)
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