5 FDA Areas of Likely Emphasis in Biden Administration

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Three Covington & Burling attorneys say in an online post the incoming administration of President-elect Joe Biden is likely to have these priorities at FDA: 

  •          science-based decision-making to highlight career scientific staff and rebuild what is seen as an erosion of public trust in federal health agencies;
  •          continued focus on Covid-19 medical countermeasures to help detect, treat, and prevent the spread of the virus, balancing the space and time needed for FDA career scientists to do their work with the need for the federal government to move expeditiously toward ending the pandemic;
  •          leadership and personnel changes involving individuals that both Democrats and Republicans can support, given a thin margin for either side in the Senate once all races are resolved;
  •          medical product user fee negotiations, which the incoming administration likely will not want to disrupt; and
  •          additional steps to address health disparities that the Covid-19 pandemic has further exposed.

The attorneys also write that the new administration may want to explore the potential for more vigorous judicial enforcement of industry violations, including by seeking consent decrees and making more criminal referrals to the Justice Department. “For imported medical products,” they say, “we expect that the Biden administration will continue the trend of issuing import bans, so-call import alerts, against offending firms. With an increased push to manufacture medical products domestically, there is a potential for even more import bans targeting products from foreign manufacturers.”

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