FDA Guide on Postmarketing Noncompliance Good Cause

Share

FDA has published a draft guidance, Postmarketing Studies and Clinical Trials: Determining Good Cause for Noncompliance with Section 505(o)(3)(E)(ii) of the Federal Food, Drug, and Cosmetic Act, with information for holders of approved applications for human prescription drugs who are required to conduct postmarketing studies or clinical trials under section 505(o)(3) of the Federal Food, Drug, and Cosmetic Act (FFDCA). The document says such applicants must provide certain information to FDA, including a timetable for completing the study or clinical trial and periodic reports on study/trial status.

The guidance describes factors the agency considers when determining whether an applicant has demonstrated good cause for its noncompliance with the timetable for completing postmarketing requirement (PMR) milestones. It also has information on relevant procedures, including how to communicate with FDA about compliance with PMRs, submitting an explanation of the circumstances that led to noncompliance, and how FDA notifies an applicant of a determination of noncompliance.

The guidance applies only to PMRs required under section 505(o)(3) of the FFDCA. It thus does not apply to:

  • pediatric studies required under section 503B;
  • trials required as a condition of accelerated approval under section 506(c); and
  • trials required as a condition of approval based on evidence of effectiveness from studies in animals under regulations.

The guidance also does not apply to nonprescription drugs or to generic drugs approved under section 505(j).

Read more