Guide on CDER Dispute Resolution Above the Division Level

FDA has posted a final guidance on “Formal Dispute Resolution: Sponsor Appeals Above the Division Level” that provides recommendations for industry and review staff for resolving scientific and medical disputes between CDER or CBER and sponsors that cannot be resolved at the division level. A few examples of regulatory actions that would be appropriate for a dispute resolution include a complete response, IND clinical hold (partial or full), request for breakthrough therapy designation that was denied, request for proprietary name review that was denied, and refuse-to-receive decision for an ANDA. The guidance notes that advice communicated in meeting minutes and other correspondences is not an appropriate subject for a dispute resolution request.

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