Suggestions to Revise Hatch-Waxman ‘Skinny Label’ Provisions

Share

A Congressional Research Service (CRS) background paper on “‛Skinny Labels’ for Generic Drugs Under Hatch-Waxman” raises changes that Congress could consider if it wanted to clarify the provisions. The paper gives extensive background on the generic drug approval process under Hatch-Waxman and the role of so-called skinny labels that allow ANDA filers to exclude some uses of a drug that are still covered by patents.

Problems have arisen, the paper says, from challenges to the use of codes recorded in FDA’s Orange Book and from suits involving skinny labels and patent infringement liability.

CRS identifies several possible issues that Congress could consider in clarifying the skinny label provisions. It could require FDA to monitor Orange Book patent information, or expand current procedures for challenging that information. For example, it says, Congress could create an independent cause of action to correct Orange Book patent information.

Another thing for Congress to consider, CRS says, is whether to clarify when generic manufacturers using a skinny label should be liable for indirect patent infringement through a statutory safe harbor.

Read more