Guidance Explains FDA 503B Wholesaling Ban

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A long-awaited new FDA guidance explains how the agency interprets and intends to enforce the prohibition of wholesaling against facilities that compound drugs under Section 503B of the Federal Food, Drug, and Cosmetic Act. Six Reed Smith attorneys write in an online post that the guidance first describes FDA’s interpretation of some key words and phrases in the wholesaling prohibition.

It then gives examples of activities that the agency will generally consider to be prohibited by the law.

Third, the draft gives examples of activities that FDA generally will not consider prohibited under the law.

The attorneys say the agency is accepting comments on the draft guidance until 8/28. They say the draft “does provide significant insight into FDA’s thinking when it comes to the wholesaling prohibition and how the agency intends to approach regulatory or enforcement action against outsourcing facilities that run afoul of this statutory provision. Outsourcing facilities should closely monitor their compliance with the draft guidance as well as any future revisions made to the guidance as FDA enters the upcoming comment period.”

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