CBER Updates Refusal-to-File Procedure

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CBER has released an updated standard operating policy and procedure (SOPP) manual entitled “SOPP 8404: Refusal to File (RTF) Procedures” that has updated RTF examples and an updated Appendix A that lists examples of easily correctible deficiencies.

According to the document, RTF decisions may be made based on findings such as:

  1. Administrative incompleteness, e.g., clear omission of information or sections of required information.
  2. Scientific incompleteness, such as omission of critical data, information or analyses needed to evaluate safety, purity and potency or provide adequate directions for use, including clinical information, quality, manufacturing, and facility information, pharmacology/toxicology information and/or critical statistical analyses or the analysis of a study as planned in the protocol (as opposed to a different, post-hoc analysis).
  3. Inadequate content, presentation, or organization of information such that substantive and meaningful review is precluded, such as illegibility, failure to translate portions of the application into English, data tabulations (line listings) or graphical displays that are uninterpretable, failure to reference the location of individual data and records in summary reports; absence of protocols for clinical trials.

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