Meeting the 510(j)(3) Reporting Requirement

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Two Wiley Rein attorneys say a proposed FDA requirement to report the amount of listed drugs and biological products under section 510(j)(3) of the Federal Food, Drug, and Cosmetic Act represents a big change for many companies that have not had to report distribution data to the agency. A recent draft guidance is to help registrants of drug establishments comply with the responsibility to annually report on the amount of each listed drug manufactured, prepared, propagated, compounded, or processes for commercial distribution. The requirement was added by the CARES Act to enhance FDA’s ability to identify, prevent, and mitigate potential drug shortages.

In an online post, the attorneys review the guidance’s contents and suggest that companies review their internal systems to determine if there are opportunities to leverage pre-existing data to generate the new section 510(j)(3) report and thus alleviate some of the burden.

“For instance,” the attorneys write, “given the reported amount concerns only each listed drug that was released during the reported year, companies may want to create a cross-functional working group comprised of the quality control unit, technical operations, regulatory/compliance, and finance/accounting departments. In our experience, these groups house a significant amount of relevant information that can be utilized and cross-checked to ensure the section 510(j)(3) report’s accuracy.”

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