Broader FDA Interpretations Needed for Review Vouchers: Hill

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A bipartisan Congressional effort is being made to broaden FDA interpretations when deciding on priority review vouchers to increase treatments for sickle cell disease (SCD). In a 10/25 letter to FDA commissioner Robert Califf, senator Tim Scott (R-SC) and rep. Danny Davis (D-IL) have raised concerns about how the agency interprets “active ingredient” when awarding priority review vouchers (PRVs), which could negatively impact drug development for rare diseases like sickle cell disease.

“Specifically, we understand that FDA has made an initial decision to narrowly interpret the definition of ‘active ingredient’ in the PRV statute, resulting in the unexpected denial of at least one pediatric PRV,” they wrote in the letter. “However, the decision whether to narrowly or broadly interpret the definition of ‘active ingredient’ for purposes of awarding a PRV is not so much a question of science as it is one of policy.

“Congress has not provided guidance,” the lawmakers continued, “as to how FDA should determine if two active ingredients in an ex-vivo gene therapy are the same or different, but the text of the statute and the legislative history make clear that Congress wanted to create an incentive to treat patient populations that might not warrant investment if left simply to ordinary market forces. By interpreting this statutory requirement in a narrower way than the statute requires — and one that flies directly against Congressional intent — we risk disrupting this delicate ecosystem, jeopardizing not only the availability of SCD treatments today, but also investments in complex and life-saving innovation for the future.”

The letter also says that the lawmakers have become aware that FDA may be in the process of reconsidering its interpretation. “This decision is critical for the future of rare disease drug development and rare disease patients, and we are grateful for the FDA’s close attention to this matter,” they said, urging the agency to keep their considerations in mind while it conducts its review.

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