118th Congress · SENATE BILLBILL

S. 148Stop STALLING Act

A bill to enable the Federal Trade Commission to deter filing of sham citizen petitions to cover an attempt to interfere with approval of a competing generic drug or biosimilar, to foster competition, and facilitate the efficient review of petitions filed in good faith to raise legitimate public health concerns, and for other purposes.

Health
Introduced Jan 30, 2023
Last action Mar 1, 2023
Pipeline · Bill → Law
Step 1
Introduced
Jan 30, 2023
Step 2
Referred
Jan 30, 2023
the Judiciary
Step 3
Committee
Feb 9, 2023
Reported out
Step 4
Senate
Mar 1, 2023
Step 5
House floor
Step 6
Resolve Changes
Step 7
Signed
SummaryCRS Summary

This bill makes it an unfair method of competition to submit an objectively baseless petition to the Food and Drug Administration (FDA) in an attempt to interfere with a competitor's application for market approval of a drug. The bill authorizes the Federal Trade Commission to sue an individual or entity that submits such a petition to the FDA. A party found liable in such a lawsuit shall be subject to civil penalties, such as a fine of up to $50,000 for each day that the FDA spent reviewing the baseless petition.

Provisions · 3 sectionsReported to Senate
Timeline · 5 actions
Mar 1, 2023
Committee on the Judiciary. Reported by Senator Durbin with an amendment in the nature of a substitute. Without written report.
Mar 1, 2023
Placed on Senate Legislative Calendar under General Orders. Calendar No. 21.
Feb 9, 2023
Committee on the Judiciary. Ordered to be reported with an amendment in the nature of a substitute favorably.
Jan 30, 2023
Introduced in Senate
Jan 30, 2023
Read twice and referred to the Committee on the Judiciary.