Consider Impact of Increased FDA Foreign CGMP Inspections: Attorneys
Attorneys Neil O’Flaherty and Jur Strobos (Baker McKenzie) say that FDA has responded to congressional instructions by increasing its inspection focus on foreign drug production sites’ current good manufacturing practices (CGMP) and using its new tool of “refusing inspections” to shut down or impose import alerts on foreign drug production sites, particularly from Asia. Writing in an online blog post, the two say that the agency trend “suggests that U.S. companies that source product or raw materials from Asia or other low cost production sites may want to reconsider use, or be proactive in ensuring compliance of foreign suppliers.”
The post says the increased FDA action is demonstrated through a substantial increase in foreign Warning Letters, increased use of the new Section 501(j) “refusal to inspect” provision, and increased use of import alerts.
According to the attorneys, the trends in agency action suggest that many foreign manufacturers have not trained their personnel in preparing for an FDA inspection. “FDA has statutory authority to inspect at reasonable times, within reasonable limits and in a reasonable manner,” they say. “Education in the appropriate management of an FDA inspection is paramount to avoid the peril of losing the U.S. market until a resolution of problems is reached with FDA. The impact of a consequent ban on imports is a substantial risk to manufacturers who operate non-U.S. production sites. Drug manufacturers should familiarize themselves with FDA’s guidance and inspectional and regulatory procedures manuals. Drug companies should learn and develop policies and procedures to host an FDA inspection and train their personnel.”