Senate Bill to Restore FDA Orphan Drug Interpretation
Senators Tammy Baldwin (D-WI) and Bill Cassidy (R-LA) have introduced bipartisan legislation entitled the Retaining Access and Restoring Exclusivity (RARE) Act, which addresses a 2021 court decision that adversely impacts how FDA handles orphan drug exclusivity (see earlier story). A House Energy and Commerce Committee bill (see story) on reauthorizing the user fee programs contains similar legislative language to restore FDA’s long-standing policy on orphan exclusivity decisions.
The RARE Act would codify the agency’s longstanding interpretation of the Orphan Drug Act of 1983 to “ensure that the scope of the orphan drug exclusivity is clarified to apply only to the same approved use or indication within such rare disease or condition instead of the same disease or condition,” the lawmakers say in a release. “This would give FDA the necessary authority to approve the same drug from different manufacturers if they aim to serve different patient populations and combat manufacturers’ efforts to take advantage of the Court’s ruling in Catalyst.”