Enforcement Discretion Extended on Regenerative Therapies
FDA is extending by six months its enforcement discretion policy for certain human cell, tissue, and cellular and tissue-based products (HCT/Ps) due to the Covid-19 public health emergency. The extension will provide manufacturers and potential sponsors an additional six months to determine if they need to submit an IND or a marketing application.
FDA’s current policy was articulated in its 11/2017 regenerative medicine policy framework, which was developed to help facilitate and support the innovation of regenerative medicine therapies. The agency also outlined its intent to exercise enforcement discretion, until 11/2020, for certain regenerative medicine products. Now, FDA is revising a guidance to reflect that it generally intends to exercise enforcement discretion with respect to IND and premarket approval requirements for certain HCT/Ps through 5/2021.
“To be clear, our policy of enforcement discretion only pertains to certain human cell, tissue and cellular and tissue-based products that do not raise potential significant safety concerns or reported safety concerns,” CBER director Peter Marks said in a notice. (XXINSERT LINKXX). “This policy was never intended to provide a cover for bad actors, and we intend to continue to take action against manufacturers and health care providers who are offering unapproved regenerative medicine products that have the potential to put patients at significant risk.”