FDA to Change Some Trial Registration Enforcement
FDA has granted a Universities Allied for Essential Medicines 2/27/23 petition request that the agency consider a different enforcement framework in its approach to registration of applicable clinical trials at ClinicalTrials.gov. “We believe that … the agency’s current enforcement policy … has been effective,” the FDA response says. “However, FDA grants the petitioners’ request to consider petitioners’ enforcement framework to the extent FDA decides in the future to revise the civil money penalties guidance.”
The agency also granted the petition’s request to create a public dashboard of its pre-notice letters on potential noncompliance with the registration and results information submission requirements for ClinicalTrials.gov. The letter says all previously issued pre-notice letters were posted 12/4/2023, and the dashboard will be updated quarterly.
The petition had asked that FDA:
- increase enforcement of the ClinicalTrials.gov requirements by issuing more pre-notices and notices of noncompliance and imposing civil money penalties when appropriate;
- order the drafting and issuance of a new guidance explaining how FDA will focus its enforcement efforts; and
- create a public dashboard of pre-notices sent by FDA.
In addition to granting the two provisions above, FDA denied:
- the petition request to commit to sending a minimum of 250 pre-notices annually;
- the request that the agency “be more stringent about issuing notices of noncompliance to those responsible parties who fail to take actions in response to pre-notice letters”;
- the request that FDA take enforcement action, because such a decision rests in agency absolute discretion; and
- the request to rescind the civil money penalties guidance.