FDA Denies Petition Seeking New Opioid Moratorium

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FDA has denied a 3/21 citizen petition from advocacy group Public Citizen that urged the agency to immediately impose a moratorium on approval of any new or reformulated opioids. The petition said that in the past two decades, and most recently on 11/2/18, FDA has approved new opioids or reformulation of existing opioids when previously known risks of the drugs exceeded their known benefits. “These approvals violated FDA’s current drug approval requirements for ensuring safety and effectiveness,” the group said, “and deviated from the principles articulated by the National Academies that concluded that FDA had failed to adequately ‘incorporate public health considerations into opioid-related regulatory decisions.’”

 

The petition said the moratorium it sought should not be lifted until the agency has implemented the elements recommended in a 7/2017 report by the National Academies for inclusion in “a currently non-existent opioid regulatory framework that is intended to prevent a continuation of dangerous past regulatory errors that clearly have contributed to the deadly opioid crisis in the U.S.”

 

In a 9/6 denial letter, FDA said it cannot impose such a moratorium because its regulations require it to consider each application “on its merits according to a statutorily defined process...FDA is legally bound to apply this governing statutory and regulatory framework to all NDAs, including an application for a new opioid product. In doing so, FDA determines whether ach NDA meets applicable standards for safety and effectiveness. In applying these standards, FDA evaluates whether the benefits of the drug outweigh its risks and approves the drug if all applicable standards for approval are met.”

 

FDA also said it is committed to exploring whether additional authority from Congress is needed to address the opioid epidemic. “Furthermore, a moratorium on the approval of new opioid drug products could stifle the development and availability to patients of new opioids that could offer greater safety or other therapeutic advantages over products already on the market,” the agency’s letter said.

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