FDA Resists Criticism of Postmarketing Requirements: Study
Dalhousie University researcher Matthew Herder says that since FDA gradually shifted to a model of lifecycle regulation in the 1990s, it is not simply an agency in transition but rather an agency on guard against a set of larger political threats to its mandate. Writing in Milbank Quarterly, Herder says “this can be characterized as a state of institutional incumbency in which the agency is engaged in an effort to reproduce key features of the regulatory system — in concert with regulated industries and others — while simultaneously sanctioning significant changes to the regulatory standards FDA has long applied, to the detriment of public health.”
The article says that under its lifecycle regulation, FDA increasingly relies on postmarketing requirements to encourage studies of drug safety and effectiveness following regulatory approval. The article examines the range of legal, institutional, and political challenges FDA faces in the context of lifestyle regulation.
The author says he found that insufficient resources and coordination within FDA, inadequate legal authorities, and the political economy of withdrawing an approved indication in the face of opposition from companies and patients all contribute to the observed shortcomings in FDA’s use and enforcement of postmarketing requirements. “Further,” he says, “FDA is fully aware of these challenges, yet is seemingly resigned to and resistant to criticism of its use of postmarketing requirements.”