AdvaMed Critiques FDA Homologous Cell Use Guidance
AdvaMed says there are several items in an FDA draft guidance on homologous use of human cells, tissue, and cellular and tissue-based products (HCT/Ps) that industry views positively, and several areas where industry disagrees or believes that improvements are needed. In a 4/20 comment letter, it says the positive items are: (1) abandoning the term “main function” and replacing it with “basic function(s),” which should be clarified; (2) acknowledging that basic functions and not just anatomical location determine homologous use; (3) allowing HCT/Ps to possess both structural and non-structural attributes and describing the “basic function or functions” of structural and non-structural tissue; (4) recognizing that dermis is separate from epidermis in terms of properties and function; (5) defining “repair, reconstruction, replacement, or supplementation”; (6) acknowledging that claims should be supported by evidence; and (7) acknowledging that the science related to homologous use may evolve.
The letter says that aspects of the draft guidance with which AdvaMed’s members disagree or believe should be improved include: (1) the narrow definition of homologous use of amnion provided in the draft; (2) “manufacturer’s objective intention,” which speaks to intended use beyond what a manufacturer has put in the labeling, is inconsistent with FDA’s currently proposed regulation related to “intended use,” and suggests a policy change that should go through formal notice and comment rulemaking.
AdvaMed calls on FDA to cite more specific examples to provide context to the agency’s decision-making process. It said this could be done as an appendix to the guidance in a tabular format that would be updated periodically.