S 148 United States Senate · 118th Congress

Stop STALLING Act

S 148, the Stop STALLING Act, targets pharmaceutical companies that file sham petitions to delay generic drug approvals. It authorizes the Federal Trade Commission (FTC) to penalize companies submitting objectively baseless petitions under FDA drug approval processes, which are deemed to interfere with competitors' business. Penalties include up to $50,000 per day a sham petition was under review or revenue from drug sales during the delay. The bill directly affects brand-name drug manufacturers (who may file such petitions) and generic drug developers (who face delays), with enforcement triggered by the Secretary of Health and Human Services' determination of delay intent. It applies to petitions filed after enactment and does not alter existing antitrust laws.
Bill status in committee 1 of 4 stages cleared
Introduction
Jan 2023
Committee Review
Floor Vote
President
Introduced Jan 30, 2023 Last action Mar 1, 2023
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Full legislative history

Actions timeline

Total actions
5
Key actions
2
Committee
3
Mar 1, 2023
Upper · Passed
Committee on the Judiciary. Reported by Senator Durbin with an amendment in the nature of a substitute. Without written report.
upper
Feb 9, 2023
Upper · Passed
Committee on the Judiciary. Ordered to be reported with an amendment in the nature of a substitute favorably.
upper
Jan 30, 2023
Committee
Read twice and referred to the Committee on the Judiciary.
upper
Jan 30, 2023
Introduced
Introduced in Senate
upper
1 primary · 8 co-sponsors

Sponsors