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Proposed U.S. Legislation Targets 12-Year Exclusivity for Botanical Drugs

A new congressional bill introduced by Representatives Lauren Boebert and Derrick Van Orden aims to reshape the botanical drug sector by granting 12 years of post-approval market exclusivity. The Advancing Botanical Drug Development Act of 2026 seeks to incentivize investment in therapies capable of addressing complex, multi-target chronic diseases.

The proposed legislation addresses a significant hurdle in the pharmaceutical landscape: the lack of regulatory certainty for complex plant-based compounds. By establishing a defined period of market protection, the bill intends to bridge the gap between early-stage innovation and the rigorous, costly requirements of late-stage clinical trials. Proponents argue that because botanical drugs often interact with multiple biological targets simultaneously, they offer unique potential for treating conditions like Alzheimer’s and Parkinson’s, where single-molecule approaches have faced limitations.

Legacy Healthcare, currently developing the botanical candidate Cinainu, has emerged as a vocal supporter of the bill. Cinainu is the first botanical drug for an autoimmune disease to receive authorization for Phase 3 trials from both the U.S. FDA and Japan’s PMDA. CEO Saad Harti noted that formalizing market exclusivity will provide the financial stability necessary to move such multi-constituent therapies through the final stages of development. With intellectual property protection for Cinainu extending through 2043, the company is positioning its autoimmune treatment as a test case for the impact of this legislative shift on patient access.

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