Guidance on GDUFA Division Reconsideration Requests

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FDA has issued a draft guidance, Requests for Reconsideration at the Division Level Under GDUFA, with recommendations for industry on the procedures for resolving scientific and/or regulatory issues or matters between FDA and ANDA applicants at the division level or original signatory authority. The document does not describe the format dispute resolution process for resolving scientific and/or regulatory disputes between FDA and sponsors or applicants that cannot be resolved through the request for reconsideration process at the division level. It also does not describe the procedures for resolving administrative matters, such as disputes over user fee assessments.

The agency says the procedures and policies described in the draft guidance are intended to formalize its current and historical practices, and to continue to promote rapid and fair resolution of scientific and/or regulatory disputes between an applicant and FDA. It covers information for applicants to consider before pursuing a request for reconsideration, procedures for submitting a request for reconsideration, and the agency’s process for responding to a request.

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