Follow Law’s Intent on Drug Innovation: Scott, Carter

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Sen. Tim Scott (R-SC) and Rep. Earl Carter (R-GA) say they are concerned that a recent FDA draft guidance on advanced manufacturing technologies does not meet Congress’ intent expressed in provisions of their Manufacturing API, Drugs, and Excipients (MADE) in America Act. The guidance implements provisions in the FDA Omnibus Reform Act of 2023 that Scott and Carter say were based on the legislation they introduced in recent congresses. In a 3/1 letter to FDA commissioner Robert Califf, the lawmakers say, “Advanced manufacturing technologies (AMT) have the potential to prevent drug shortages, lower drug manufacturing costs, and improve drug quality. Currently, FDA only reviews manufacturing technologies with binding feedback to product sponsors during the review of a drug or biologic application. This paradigm disincentivizes AMT adoption in new products because it presents additional risk in the development process and in approved products because sponsors need to invest in the infrastructure to manufacture the product in a new way before ever getting binding feedback from the agency.”

The letter’s three concerns are that FDA:

  • has tied the AMT program to CDER’s Emerging Technology Team and CBER’s Advanced Technologies Team for both the qualification criteria and the logistical steps to enter the program;
  • has gone beyond the law’s scope by inserting the concept of designation “lifecycle” into the guidance; and
  • has unduly narrowed the provision contradictory to the statute by excluding BLAs such as those for gene and cell therapies, from cross-referencing AMT data from drug master files.

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