‘Information Bottleneck’ Due to FDA Staff Cuts: Analysis
Attorneys Sarah Wicks and Anne Walsh (Hyman, Phelps & McNamara) say the recent and drastic reduction in force at FDA “is quickly becoming an information bottleneck — one that threatens to erode the transparency that stakeholders rely on.” Writing in their firm’s FDA Law Blog, Wicks and Walsh say that if access to critical regulatory documents continues to slow or stall, “the consequences could extend beyond inconvenience, ultimately impacting the ability of patients, providers, and developers to make informed decisions that affect public health.”
The attorneys say they have seen a significant slowdown in the availability of information the agency is required to produce under the Freedom of Information Act (FOIA). “As it relates to FDA,” they write, “FOIA serves as a vital tool for stakeholders — including patients, researchers, and regulated industry — to better understand the agency’s scientific, policy, and regulatory decision-making.”
The post says stakeholders are now seeing longer wait times for both requested documents via FOIA and proactive FDA disclosures like approval packages that are routinely posted online and are required by the FDA Amendments Act to be posted within 30 calendar days of approval for new products or within 30 days of the third FOIA request for the action package.
“In some cases,” the attorneys write, “previously routine postings are delayed or going unpublished altogether. We also have heard from the remaining FDA FOIA staff that it could be at least a month before they can even provide a new estimate for when to expect responses under pending FOIA requests. For those requestors who already have been waiting months (or even years) for FDA to provide the documents that FDA put on a ‘complex’ track, the staffing cuts are hugely disappointing. Although there are avenues for escalating or litigating unreasonable delays for responding to FOIA requests, it is difficult to see how these approaches will be effective as no one may even be available to respond to an appeal until the dust settles.”