FDA Rejects Petition Deadline

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FDA has denied a 10/4/16 petition submitted by an individual identifying himself as Mario Morais asking that the agency amend an administrative procedure to require that it file a final response to every citizen petition within a certain number of days after issuing a tentative response. The denial letter says it appears that the petitioner believes that the procedure in question requires the agency to file a final, substantive response to every petition within 180 days.

“We read that provision to apply to FDA’s filing of one of three possible responses within 180 days, including not only a final approval or denial of the petition, but also a tentative response,” the letter says. It notes that responding finally and in full takes a great deal of both time and money, even when a petition is not likely to succeed on the merits or when it contains matters that are not a high priority.

The letter says the procedure intentionally gives FDA the option of providing only a tentative response once it has looked at the petition and taken into consideration available resources, the priority of the work, and any statutorily mandated timelines.

As it currently stands, FDA says, the procedure “permits FDA to target its limited resources toward work deemed a higher priority, and yet also satisfy an individual that the agency has heard and considered his or her concern… We find that the absence of a mandatory deadline for the agency’s final substantive response to a citizen petition is both intentional and reasonable.”

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