Public Citizen Sues FDA Over Balversa Review Docs

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Public Citizen has filed suit against FDA in DC federal court to obtain the scientific reviews used 4/2019 to grant accelerated approval for Janssen Pharmaceutical’s Balversa (erdafitinib), a treatment for certain adult patients with locally advanced or metastatic bladder cancer (see approval story). The group filed a Freedom of Information Act (FOIA) request for the supporting reviews after realizing that such reviews are no longer being routinely released as part of the agencyֺ’s review action actions posted on its Web site.

 

In its suit, Public Citizen complained that FDA had moved its FOIA request to the “complex queue and that the average wait time for FOIA requests in the complex queue is 18–24 months.” The group asked the court to declare that FDA’s withholding of the requested records is unlawful and order it to make the requested records available without delay.

 

Moreover, Public Citizen has publicly expressed dissatisfaction with FDA’s decision to stop posting the scientific reviews in favor of a consolidated and collaborative review document. In comments to an agency docket on improving approval package documentation and communication as part of modernization of the new drugs regulatory program, the advocacy group said the “ill-conceived proposal would, at the least, be a major step backwards in agency transparency with respect to the data that the agency relies on when approving new drugs or biologics and the agency’s assessment of these data.”

 

Beyond the issue of review transparency, Public Citizen wrote, it is unclear from the agency proposal whether individual reviewers in each discipline would even continue to write separate review documents, as currently occurs. The letter said that eliminating production of review documents by the individual disciplines “could lead to dangerous groupthink and inhibit the expression of important minority views, further undermining FDA’s review and approval process for drugs and biologics and threatening public health.”

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