Promoting Unapproved Drugs is OPDP Focus: Analysis
Attorney and healthcare communications consultant Mark Senak (FleishmanHillard) says his analysis of CDER Office of Prescription Drug Promotion (OPDP) enforcement actions since 2004 shows that actions regarding promoting an unapproved drug have risen substantially, signaling that this is a current enforcement priority for OPDP. Writing in his Eye on FDA blog, Senak says that half of all enforcement letters ever issued by OPDP involving promotion of an investigational compound have come out since 2016, comprising one-quarter of all the letters issued 2016-2019, or nearly 15% of all violations. And if 2016 is dropped from the mix, he says, the result is even more pronounced, with one-third of the letters being about an investigational compound and comprising nearly one-fourth of all violations.
The post notes that the overall number of enforcement letters issued by OPDP has declined in recent years, perhaps because compliance is up, perhaps in response to a political decision, or perhaps as an expression of available resources. “Rather than ferret out each and every violation it can find, significant or not, FDA is maybe looking to issue letters where it can make a point or make a difference,” Senak says. “Recent enforcement trends, such as they are, bear that out.”
He cautions that while issues involving presentation of risk information are still the most common violation, “clearly promotion of an investigational compound has the focus of the agency just now. So bear in mind, low enforcement does not mean no enforcement.”