MAPP on SGEs Representing Sponsors Before FDA

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CDER has issued a Manual of Policies and Procedures (MAPP) on how it determines whether a current CDER special government employee (SGE) can represent a sponsor before FDA about a specific application. The MAPP says CDER SGEs may, under some circumstances, legally represent sponsors in meetings with FDA. “Although such representational activities may be allowed,” it says, “SGEs must avoid any appearance of a conflict of interest and avoid situations in which it would appear that they are using their government position for private gain.”

The MAPP says current SGEs are prohibited by law from representing a sponsor before FDA if the SGE worked more than 60 days for the government during the immediately preceding period of 365 consecutive days, or if the SGE has ever worked on the specific matter before FDA.

If a current SGE has worked for the government for 60 days or less during the immediately preceding 365 consecutive days, FDA will decide on a case-by-case basis whether it is appropriate for the SGE to represent the sponsor. In making such a determination, the MAPP says, CDER will consider:

  • the role of the SGE in developing the drug;
  • the length of time the SGE worked on the specific matter; and
  • the relationship of the requested representation to the regular duties of the SGE.

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