FDA Restarts Complete Response Letter Postings

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FDA has resumed posting complete response letters (CRLs) just days after HHS confirmed that new rejection letter releases had been halted temporarily (see story) while the agency reviewed legal and policy concerns surrounding its controversial transparency initiative. The CRL postings, which were launched under former FDA commissioner Marty Makary as part of a broader “radical transparency” effort, are intended to provide drug developers, investors and the public with greater insight into FDA decisions. As of 7/10, 14 new letters have been posted here.

The agency had argued that broader disclosure would help companies better understand regulatory expectations and avoid repeating development mistakes. he move represented a significant departure from longstanding FDA practice. Historically, CRLs generally have not been publicly disclosed when they involve unapproved products because they may contain confidential commercial information, including details from pending applications.

The transparency initiative quickly drew criticism from industry attorneys and regulatory experts, who questioned whether FDA had sufficient legal authority to release the letters before products were approved and whether sponsors should have an opportunity to review and redact confidential information before publication.

FDA’s temporary pause followed an April citizen petition from Covington & Burling that was submitted on behalf of an unnamed pharmaceutical company challenging the agency's authority and implementation of the transparency initiative.

Despite the resumption of CRL postings, FDA is also moving ahead with plans to formalize the policy through notice-and-comment rulemaking. An agency-planned rulemaking listed in the recent unified agenda as “Proactive Disclosure of Complete Response Letters” would amend FDA regulations governing the confidentiality and disclosure of regulatory correspondence and establish a formal framework for releasing redacted CRLs. It is scheduled for publication as a proposed rule in October.

According to the agency, current regulations already provide substantial discretion to release information contained in CRLs and make clear that FDA's analyses and deliberations reflected in the letters are not the property of the application sponsor. The proposed rule would remove what FDA characterizes as the principal regulatory obstacle to broader disclosure — the assumption that the existence of a previously undisclosed application is itself confidential commercial information.

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