Biden Impact on FDA Centers/Programs Analyzed

Share

Three Covington & Burling attorneys say a stronger regulatory focus can be expected at FDA in the administration of president-elect Joe Biden. In an online post, the attorneys outline their expectations by Center and program.

 CBER and CDER

  •          additional effort to promote generic and biosimilar competition;
  •          supply chain and “Buy American” policies through greater use of the Defense Production Act and Procurement Act of 1949 and using the Biomedical Advanced Research and Development Authority to make science-based purchasing decisions and strengthen federal stockpiles;
  •          permission for states to import drugs from Canada, possibly leaving the FDA final rule on the importation of drugs from Canada in place;
  •          increased support for regenerative medicine efforts; and

         continuing efforts toward decentralized clinical trials using digital health technologies.

CDRH

  •          MDUFA 5 negotiations with the possibility for additional device and diagnostic reforms sought by some Democratic members of Congress;
  •          a return to prior levels of quality system and promotional Warning Letters;
  •          little change to premarket review;
  •          administration may review and revoke the August HHS policy on laboratory-developed tests.

Dietary Supplements

  •          FDA may push to modernize the Dietary Supplement Health and Education Act to expand agency authority over dietary supplements and industry should be prepared to consider what it would like to see in such legislation.

CBD

  •          FDA efforts to find a pathway toward allowing CBD in food and dietary supplements likely to continue at a slow pace, while a guidance on the agency’s CBD enforcement policy that has been at the Office of Management and Budget for review could be changed.

CVM

  •          CVM can be expected to focus on antibiotic resistance associated with dose-form animal antimicrobials.

OTC Drugs

  •          CDER will continue to focus efforts on implementing the over-the-counter monograph reform legislation that was passed as part of the Coronavirus Aid, Relief, and Economic Security Act.

Digital Health, Real-World Evidence, and Technology Initiatives

  •          a fresh look at FDA digital and technology initiatives given that some congressional Democrats have raised questions about the agency’s precertification pilot and the acceptance of real-world evidence.

Read more