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Biosimilar Red Tape Elimination Act

8/3/2026, 3:23 PM

Summary of Bill S 1954

The bill titled "A bill to improve the requirements for making a determination of interchangeability of a biological product and its reference product" was introduced in the 119th Congress on June 4, 2025.

Congressional Summary of S 1954

Biosimilar Red Tape Elimination Act

This bill deems all biosimilars licensed by the Food and Drug Administration (FDA) interchangeable with their reference products.

A biosimilar is a biological product (e.g., a drug or vaccine) that is very similar to a brand-name biological product (i.e., the reference product). Under current law, a biosimilar that meets additional requirements may be deemed interchangeable with the reference product; this designation allows pharmacists to substitute the interchangeable biosimilar when filling a prescription for the reference product, depending on state law. Further, the first biosimilar deemed interchangeable with a given reference product is awarded a period of marketing exclusivity.

The bill eliminates additional requirements for demonstrating interchangeability so that all licensed biosimilars are deemed interchangeable with their reference products. (Draft guidance released by the FDA in 2024 proposed to make some of these interchangeability requirements optional, including studies related to the safety of switching between use of the biosimilar and reference product. It has not been finalized.)

This change takes effect 60 days after the bill is enacted, and previously licensed biosimilars must be deemed interchangeable with their reference products on that date. However, the bill preserves the exclusivity period for first interchangeable biosimilars licensed before the bill’s enactment. For example, if a new biosimilar licensed after the bill takes effect relies on the same reference product as an existing biosimilar that is subject to an unexpired exclusivity period, the new biosimilar is not deemed interchangeable with the reference product until the exclusivity period has ended.

Current Status of Bill S 1954

Bill S 1954 is currently in the status of Bill Introduced since June 4, 2025. Bill S 1954 was introduced during Congress 119 and was introduced to the Senate on June 4, 2025.  Bill S 1954's most recent activity was Placed on Senate Legislative Calendar under General Orders. Calendar No. 521. as of July 27, 2026

Bipartisan Support of Bill S 1954

Total Number of Sponsors
1
Democrat Sponsors
0
Republican Sponsors
1
Unaffiliated Sponsors
0
Total Number of Cosponsors
8
Democrat Cosponsors
5
Republican Cosponsors
3
Unaffiliated Cosponsors
0

Policy Area and Potential Impact of Bill S 1954

Primary Policy Focus

Health

Alternate Title(s) of Bill S 1954

A bill to improve the requirements for making a determination of interchangeability of a biological product and its reference product.
A bill to improve the requirements for making a determination of interchangeability of a biological product and its reference product.

Comments

Jack Morse profile image

Jack Morse

1,042

2 months ago

This bill, it's just more red tape. Ain't nobody got time for that. I don't see how this is gonna help anyone, especially me. Just seems like a waste of time and money if you ask me.