Follow Law on Advisory Committees: Petition

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The National Association of Manufacturers (NAM) is petitioning FDA to follow the statutory and regulatory procedures governing advisory committees under regulations and the Federal Advisory Committee Act “to allow for mandatory and all other stakeholders to comment on current and upcoming regulatory policies and procedures that FDA is discussing during the agency’s advisory committee expert panels.” The 3/24 petition says manufacturers strongly support the administration’s efforts to advance a pro-growth agenda for manufacturing in the U.S., including initiatives to reduce unnecessary regulatory burdens and enhance transparency in the regulatory process.

But, it says, to enhance transparency and encourage scientific rigor, NAM asks that the public receive timely and proper notice before advisory committee meetings are held, and the establishment of an open docket, to be made available on the Federal Register, that allows for the submission of public comments pertaining to the subject matter of these advisory committee expert panels.

The petition notes a statement made by FDA commissioner Marty Makary in 2025 at the Food and Drug Law Annual Conference that FDA would not “go through the bureaucracy of a FACA (Federal Advisory Committee Act)” when organizing expert panels in his effort to “rethink” existing procedural processes.

It specifically asks that FDA use the Federal Register to open a docket that provides notice of expert panel meetings and the opportunity to provide comments relevant to the issues discussed by the expert panelists.

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