CDER Ramps Up Enforcement of ClinicalTrials.gov Compliance
CDER has ramped up its enforcement of ClinicalTrials.gov compliance, specifically registration and the results reporting requirements. Speaking during a virtual Food and Drug Law Institute conference 12/9, CDER Office of Compliance director Donald Ashley said ClinicalTrials.gov compliance continues to be an area of “focused attention for CDER” and 2021 saw the first three notices of noncompliance issued to alleged violators.
Last year, CDER began to increase “pre-notice of nonompliance letters,” which are not official enforcement actions and the letters are not made public. In a previous presentation, Ashley noted that if FDA determines that a responsible party has not come into compliance after receiving a pre-notice letter, CDER will then move to actually issue a notice of noncompliance, which is a public notice, and if the responsible party still doesn't come into compliance FDA may then consider pursuing civil monetary penalties. “So we're identifying violations through evidence collected during inspections conducted as part of FDA bioresearch monitoring program, and also identifying violations based on an evaluation of complaints that we receive,” he said at the time. “And we're also developing our own risk-based surveillance methodologies to identify potential non compliance.”
Ashley said the first letter of noncompliance was issued to Acceleron Pharma for failing to submit required summary results information to ClinicalTrials.gov. The letter gave the firm 30 days in which to submit the information from a trial that evaluated the safety and effectiveness of dalantercept in combination with axitinib (Pfizer’s Inlyta) in patients with advanced renal cell carcinoma. Two other letters have also been issued to Accuitis Inc. and sponsor/investigator Andrey Petrikovets. The letters and details on the noncompliance can be seen here.