PolicyBrief
S. 1414
119th CongressApr 10th 2025
Expedited Access to Biosimilars Act
IN COMMITTEE

This Act clarifies the conditions under which the FDA can require additional clinical studies for the licensure of biosimilar biological products.

Rand Paul
R

Rand Paul

Senator

KY

LEGISLATION

FDA Gains Power to Demand Extra Testing for Cheaper Biosimilar Drugs: What It Means for Drug Costs

The aptly named Expedited Access to Biosimilars Act is making a crucial tweak to how the Food and Drug Administration (FDA) approves biosimilar drugs. Biosimilars are essentially the generic versions of complex, expensive biological drugs, and getting them to market faster is key to lowering healthcare costs for everyone. This bill focuses on Section 2, which clarifies the FDA’s authority to demand extra clinical testing for these products.

The Fine Print on Safety Checks

Right now, biosimilar applicants primarily have to show that their drug moves through the body similarly to the original brand-name drug. This new rule says the FDA Secretary can now require additional clinical studies looking at three specific things: immunogenicity (whether your body creates unwanted antibodies against the drug), pharmacodynamics (how the drug affects the body biologically), and comparative clinical efficacy (proving it works just as well as the original drug in patients). This is a big deal because comparative efficacy trials are often the most time-consuming and expensive part of drug development.

The Catch: Clarity vs. Cost

On one hand, this change is good news for safety. It gives the FDA explicit power to ensure that biosimilars—which treat serious conditions like cancer and autoimmune disorders—are unquestionably safe and effective before they hit the pharmacy shelves. For patients, this means more trust in the generic version of their expensive medication. The bill also forces the FDA to be transparent: if they want this extra testing, they must notify the applicant in writing, with a detailed justification, before the application is officially submitted. This procedural deadline is crucial because it eliminates the regulatory uncertainty that can stall development for years.

Who Pays the Price?

Here’s where the rubber meets the road for your wallet. While enhanced safety is great, requiring extensive, costly testing can slow down the development of these cheaper alternatives. Biosimilar manufacturers might face significantly higher R&D costs and longer approval timelines if the FDA frequently uses its new authority to mandate expensive comparative clinical efficacy trials. If it takes longer and costs more to develop biosimilars, that delays their entry into the market, meaning patients and insurers continue to rely on the higher-priced brand-name drugs for longer. Think of it as a potential speed bump on the road to lower drug prices.

The Real-World Impact on Your Prescription

Consider someone managing a chronic condition with an expensive biologic drug, costing thousands per month. The sooner a biosimilar gets approved, the sooner their co-pays drop. If this new FDA authority is used sparingly, focusing only on cases where there’s a real scientific question about safety, it’s a net positive—safer drugs, clear regulatory path. However, if the FDA uses this broad discretionary power to mandate the most expensive tests routinely, it could inadvertently raise the barrier to entry, benefiting the original brand-name manufacturers by keeping their competition out of the market longer. This bill is a classic regulatory tightrope walk: balancing the need for absolute safety with the urgency of getting affordable drugs to market.