Shorter Exclusivity In House OTC Monograph Bill Could Gain Industry Acceptance To Speed Passage

The length of exclusivity periods is the only major difference between pending US House and Senate bills, both largely based on a proposal developed by FDA and drug industry representatives. Committees in both chambers are expected to vote on moving the bipartisan proposals to floor votes within two months.

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The latest sign of momentum in Congress to pass legislation reforming FDA's process for making changes to the OTC drug monograph also creates a potential impediment to swift passage. A House bill introduced March 19 would allow 18-month market exclusivity periods for some innovative consumer products introduced under the proposed new monograph system, but the Senate bill introduced earlier calls for two-year periods.

The length of exclusivity periods is the only major difference in the bills, both largely based on a proposal developed by FDA and drug industry representatives, and committees in both...

The Consumer Healthcare Products Association, a prominent participant in working with FDA officials on developing the framework for monograph reform, expects the industry will accept the House bill's 18-month exclusivity.

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