FTC Supports FDA Deterring Petition Abuse

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The Federal Trade Commission (FTC) has approved 5-0 a statement commenting on an FDA draft guidance that aims to deter drug companies from abusing the citizen petition process to delay approval of and competition from generic drugs. The comment says that while some citizen petitions raise genuine issues for scientific consideration, many do not and are denied by FDA as lacking merit.

Answering a petition requires significant FDA resources and time, FTC says, including careful consideration of the issues by appropriate FDA staff, and preparation, review, and vetting of the agency response.

FDA says it has investigated complaints of citizen petition abuse as potential violations of federal antitrust law, and in 2017 filed a federal court complaint charging that Shire ViroPharma illegally maintained its monopoly power by abusing government processes, including the citizen petition process.

FTC says it shares FDA concerns about patient access to lower-cost generic drugs and supports FDA efforts to deter abuse of the citizen petition process. FTC also says it stands ready to work closely with FDA on citizen petition abuse and other issues that may harm competition and lead to higher prescription drug costs.

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