FDA Changes Off-Label Approach: Attorney

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Attorney Dara Katcher Levy (Hyman, Phelps & McNamara) says an FDA 10/23 draft guidance on communications from firms to healthcare providers about scientific information on unapproved uses of approved/cleared medical products represents a shift in the agency’s approach. Writing in her firm’s online FDA Law Blog, Levy says the guidance introduces two new concepts about the information industry may choose to disseminate under this “safe harbor.” They are (1) application to firm-generated presentations of scientific information, and (2) material that meets a new evidentiary standard — scientifically sound and clinically relevant.

Levy writes that the agency acknowledges that firms may develop presentations of scientific information from an accompanying reprint. “Firm-generated communications must meet the general recommendations in the draft guidance and ‘should be truthful, non-misleading, factual and unbiased and provide all information necessary for healthcare providers to interpret the strengths and weaknesses and validity and utility of the presented information…,’” she says.

The presentation should be accompanied by the reprint, Levy says, and the reprint must meet the guidance’s criteria for reprints.

The post says FDA’s position that presentations must be scientifically sound and clinically relevant is a departure from its past approach that articles about unapproved uses of approved products must describe adequate and well-controlled clinical investigations. “Throughout the guidance,” Levy writes, “FDA refers to studies and analyses, suggesting that publications may cover more than a description of an adequate and well-controlled clinical trial. FDA notes that real-world data and associated real-world evidence may be scientifically sound and clinically relevant depending on the circumstances.”

Levy concludes that the new guidance “may leave industry with the feeling that it still hasn’t found what it is looking for in terms of FDA’s attempts to strike the right balance.”

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