Over-the-Counter Monograph Safety, Innovation, and Reform Act of 2019

11/1/2022, 4:47 AM

Congressional Summary of S 2740

Over-the-Counter Monograph Safety, Innovation, and Reform Act of 2019

This bill makes significant changes to the regulation by the Food and Drug Administration (FDA) of nonprescription (i.e., over-the-counter or OTC) drugs.

The bill establishes a new approval process for OTC medications. Specifically, it creates an FDA administrative order process for the evaluation of OTC products, replacing the present notice and comment rulemaking approach. Under the new process, the FDA may issue an administrative order determining that a specific OTC drug, class of drugs, or combination is generally regarded as safe and effective and not subject to the new drug application process. The FDA may also use the administrative order process to (1) determine that a drug, class of drugs, or combination poses an imminent hazard to the public health; or (2) require labeling changes to mitigate a significant or unreasonable risk of a serious adverse event associated with use of the drug.

The bill provides for market exclusivity under certain circumstances. For drugs determined to be generally regarded as safe and effective pursuant to an administrative order requested by a sponsor (rather than initiated by the FDA), the requestor is granted 18 months of market exclusivity. This market exclusivity applies to an OTC drug with a new active ingredient or if the requestor conducted new human studies to get approval.

The bill allows a sponsor of a nonprescription sunscreen active ingredient or a combination of such ingredients that was subject to a proposed sunscreen order to transition to the administrative order process. Market exclusivity provisions also apply to new sunscreen active ingredients.

The FDA must establish a user fee program for OTC drugs.

Current Status of Bill S 2740

Bill S 2740 is currently in the status of Bill Introduced since October 30, 2019. Bill S 2740 was introduced during Congress 116 and was introduced to the Senate on October 30, 2019.  Bill S 2740's most recent activity was Referred to the Subcommittee on Health. as of December 14, 2019

Bipartisan Support of Bill S 2740

Total Number of Sponsors
1
Democrat Sponsors
0
Republican Sponsors
1
Unaffiliated Sponsors
0
Total Number of Cosponsors
5
Democrat Cosponsors
3
Republican Cosponsors
2
Unaffiliated Cosponsors
0

Policy Area and Potential Impact of Bill S 2740

Primary Policy Focus

Health

Potential Impact Areas

Administrative law and regulatory proceduresAdministrative remediesChild healthCongressional oversightCosmetics and personal careDepartment of Health and Human ServicesDrug safety, medical device, and laboratory regulationGovernment information and archivesGovernment studies and investigationsInflation and pricesJudicial review and appealsMarketing and advertisingUser charges and fees

Alternate Title(s) of Bill S 2740

Over-the-Counter Monograph Safety, Innovation, and Reform Act of 2019Over-the-Counter Monograph Safety, Innovation, and Reform Act of 2019Over-the-Counter Monograph User Fee Act of 2019Over-the-Counter Monograph Safety, Innovation, and Reform Act of 2019Over-the-Counter Monograph User Fee Act of 2019Over-the-Counter Monograph User Fee Act of 2019Over-the-Counter Monograph Safety, Innovation, and Reform Act of 2019A bill to amend the Federal Food, Drug, and Cosmetic Act to clarify the regulatory framework with respect to certain nonprescription drugs that are marketed without an approved new drug application, and for other purposes.Over-the-Counter Monograph User Fee Act of 2019Over-the-Counter Monograph Safety, Innovation, and Reform Act of 2019
Start holding our government accountable!

Comments

Latest Bills

NTIA Reauthorization Act of 2025
Bill HR 2482April 1, 2025
Providing for congressional disapproval of the proposed foreign military sale to Israel of certain defense articles and services.
Bill HJRES 83April 1, 2025
Expressing support for the designation of the week of April 6 through April 12, 2025, as "National Water Week".
Bill HRES 274April 1, 2025
Reaffirming the commitment of the Federal Government to historically Black colleges and universities and honoring their enduring legacy and contributions.
Bill HRES 269April 1, 2025
Expressing support for the diplomatic relations required to encourage the Government of Mexico to fulfill its water deliveries on an annual basis to the United States under the treaty between the United States and Mexico regarding the utilization of the Colorado and Tijuana Rivers and of the Rio Grande.
Bill HRES 273April 1, 2025
Providing for congressional disapproval of the proposed foreign military sale to Israel of certain defense articles and services.
Bill HJRES 85April 1, 2025
Raising awareness of the racial disparities in the impact of colorectal cancer on the Hispanic community.
Bill HRES 276April 1, 2025
Providing for congressional disapproval of the report of enhancement or upgrade of sensitive foreign military related to a sale to the Government of Israel of certain defense articles and services.
Bill HJRES 86April 1, 2025
Supporting the goals and ideals of International Transgender Day of Visibility.
Bill HCONRES 23April 1, 2025
Providing for congressional disapproval of the proposed foreign military sale to Israel of certain defense articles and services.
Bill HJRES 84April 1, 2025
CARES Act
Bill HR 748November 1, 2022
Lower Costs, More Cures Act of 2019
Bill HR 19October 28, 2022