Ensuring Timely Access to Generics Act of 2023
Official title: A bill to amend the Federal Food, Drug, and Cosmetic Act with respect to citizen petitions.
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Placed on Senate Legislative Calendar under General Orders. Calendar No. 107.
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.
- Introduced in Senate Formatted Text PDF Formatted XML
- Reported to Senate Formatted Text PDF Formatted XML
- BLUE CROSS BLUE SHIELD OF MICHIGAN
- BLUE CROSS AND BLUE SHIELD OF KANSAS, INC.
- BLUE CROSS AND BLUE SHIELD OF FLORIDA, INC.
- GUIDEWELL MUTUAL HOLDING CORPORATION
- BLUE CROSS AND BLUE SHIELD ASSOCIATION
- BCBSM, INC.
Bodies those filers lobbied
- HOUSE OF REPRESENTATIVES
- SENATE
- Centers For Medicare and Medicaid Services (CMS)
- Health & Human Services, Dept of (HHS)
- Executive Office of the President (EOP)
- Office of Management & Budget (OMB)
- White House Office
- Labor, Dept of (DOL)
Cite this page
U.S. Congress. (2026). S. 1067: Ensuring Timely Access to Generics Act of 2023. 118th Congress. Open America. https://openamerica.io/bill/118-S-1067/
"S. 1067: Ensuring Timely Access to Generics Act of 2023." 118th Congress, 2026, Open America, https://openamerica.io/bill/118-S-1067/.
S. 1067, 118th Cong. (2026), https://openamerica.io/bill/118-S-1067/.
[S. 1067: Ensuring Timely Access to Generics Act of 2023](https://openamerica.io/bill/118-S-1067/)