S. 1302 (119th)Bill Overview

Increasing Transparency in Generic Drug Applications Act

Health|Health
Cosponsors
Support
Bipartisan
Introduced
Apr 3, 2025
Discussions
Bill Text
Current stageCommittee

Read twice and referred to the Committee on Health, Education, Labor, and Pensions.

Introduced
Committee
Floor
President
Law
Congressional Activities
01 · The brief
Plain-English summaryWhat this bill actually does

Amends the Federal Food, Drug, and Cosmetic Act to require the Secretary of HHS (FDA) to inform an ANDA applicant, on request or on FDA initiative, whether a proposed generic drug’s inactive ingredients are qualitatively and quantitatively the same as the listed drug. If not the same, FDA must identify which ingredients differ and quantify deviations.

Why people may split

Left emphasizes consumer benefits and faster generics availability

Watch point

Relative to its intended legislative type, this bill is a focused substantive amendment to the FD&C Act that creates a new, specific information-disclosure obligation for the Secretary of HHS (FDA) and mandates guidance development.

Amends the Federal Food, Drug, and Cosmetic Act to require the Secretary of HHS (FDA) to inform an ANDA applicant, on request or on FDA initiative, whether a proposed generic drug’s inactive ingredients are qualitatively and quantitatively the same as the listed drug.

If not the same, FDA must identify which ingredients differ and quantify deviations.

A finding that ingredients are the same generally cannot be rescinded after an ANDA is submitted except for narrow safety/error reasons.

Passage45/100

Technocratic, limited-impact proposal with built-in safeguards increases viability, but possible pushback from brand manufacturers and agency resource concerns introduce uncertainty.

CredibilityPartially aligned

Relative to its intended legislative type, this bill is a focused substantive amendment to the FD&C Act that creates a new, specific information-disclosure obligation for the Secretary of HHS (FDA) and mandates guidance development. The statutory text is detailed about what must be disclosed and the conditions under which determinations may be changed.

Contention45/100

Left emphasizes consumer benefits and faster generics availability

02 · What it does

Who stands to gain, and who may push back.

Likely benefits vs burdens50% / 50%
ManufacturersStates

These are examples from the analysis, not a ranked list of the most-affected groups.

Likely helped
  • ManufacturersReduces regulatory uncertainty for generic manufacturers about inactive ingredient acceptability.
  • Potential benefitProvides clearer criteria that may shorten development timelines and review cycles for some generics.
  • Potential benefitIncreases predictability by preventing late rescission of positive sameness determinations after ANDA submission.
Likely burdened
  • StatesMay risk disclosure or inference of proprietary formulation information despite stated confidentiality limits.
  • Potential burdenCreates additional administrative workload and documentation requirements for FDA reviewers and staff.
  • Potential burdenCould constrain FDA flexibility to change determinations when new safety or effectiveness evidence emerges.
03 · Why people split

Why the argument around this bill splits.

Left emphasizes consumer benefits and faster generics availability
Progressive90%

Likely welcomes the bill as a consumer-friendly, pro-generic transparency measure that could lower drug costs by reducing uncertainty for generic makers.

Will view the non-rescind provision as protecting applicants from late surprises that delay competition.

May press for strong implementation and enforcement.

Leans supportive
Centrist70%

Generally supportive of clearer administrative rules that reduce regulatory ambiguity, while cautious about implementation details, agency capacity, and unintended consequences.

Wants measured safeguards for trade secrets and careful guidance drafting.

Leans supportive
Conservative60%

Mixed but leaning positive: appreciates measures that can increase generic competition and market-driven price pressure, but wary of additional federal mandates and potential rigidity or litigation triggered by new disclosure rules.

Concerned about federal overreach into regulatory processes.

Split reaction
04 · Can it pass?

The path through Congress.

Introduced

Reached or meaningfully advanced

Committee

Reached or meaningfully advanced

Floor

Still ahead

President

Still ahead

Law

Still ahead

Passage likelihood45/100

Technocratic, limited-impact proposal with built-in safeguards increases viability, but possible pushback from brand manufacturers and agency resource concerns introduce uncertainty.

Scope and complexity
24%
Scopenarrow
52%
Complexitymedium
Why this could stall
  • Potential lobbying from brand-name pharmaceutical companies
  • How FDA will resource and operationalize additional determinations
05 · Recent votes

Recent votes on the bill.

No vote history yet

The bill has not accumulated any surfaced votes yet.

06 · Go deeper

Go deeper than the headline read.

Included on this page

Left emphasizes consumer benefits and faster generics availability

Technocratic, limited-impact proposal with built-in safeguards increases viability, but possible pushback from brand manufacturers and agen…

Unlocked analysis

Relative to its intended legislative type, this bill is a focused substantive amendment to the FD&C Act that creates a new, specific information-disclosure obligation for the Secretary of HHS (FDA) and mandates guidance…

Go beyond the headline summary with full stakeholder mapping, legislative design analysis, passage barriers, and lens-by-lens tradeoff breakdowns.

Perspective breakdownsPassage barriersLegislative design reviewStakeholder impact map
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