S 1095
Advanced toward a vote
Allows the Federal Trade Commission to sue companies that file sham citizen petitions to delay approval of a competing generic drug or biosimilar, with civil penalties of up to the greater of the drug's revenue or $50,000 per day under review.
Official title: Stop STALLING Act
Timeline each lane is a chamber; dates pull from congress.gov actions
Senate
Introduced
24-MAR-2025
Referred
24-MAR-2025
Approved by committee
03-APR-2025
Reported
10-APR-2025
On the calendar
10-APR-2025
- Defines a sham petition as one that is objectively baseless and uses the government process to interfere with a competitor's business rather than to win the outcome.
- Lets the Federal Trade Commission bring a civil action against anyone who submits a sham petition or series of petitions, treating it as an unfair method of competition.
- Presumes a petition is part of a sham series when the Secretary of Health and Human Services refers it in writing, with a reasoned basis, as filed primarily to delay approval, unless the defendant shows otherwise by a preponderance of the evidence.
- Applies to covered petitions submitted on or after the date of enactment.
Covers an older version. The newest CRS summary describes the bill as of "Introduced in Senate" (24-MAR-2025); the text has changed since (Reported to Senate, 10-APR-2025).
CRS is the Library of Congress's nonpartisan research office. Read it on congress.gov- Judiciary Committee (Senate)
Health
■ 4 D■ 2 R
4 Democrats
2 Republicans