Should FDA Be Accepting Gifts?
Should FDA be allowed to accept gifts from any source on behalf of the United States? A new draft guidance on “Gifts to FDA: Evaluation and Acceptance” provides the process and principles the agency will use to implement this authority, recently delegated to it by HHS. The guidance is open for comment for 75 days.
FDA says it will consider gifts from all sources on a “case-by-case basis using a balancing test. While any person may offer a gift, there are five reasons we should reject a gift without additional evaluation. We should not accept a gift if: (1) The donor imposes conditions that are illegal, are contrary to public policy, are unreasonable to administer, are contrary to FDA’s current policies and procedures, or are contrary to generally accepted public standards; (2) the donor requires us to provide the donor with some privilege, concession, or other present or future benefit in return for the gift; (3) a debarred entity offers the gift; (4) a different authority or financial mechanism applies; or (5) the total costs associated with acceptance are expected to exceed the cost of purchasing a similar item and the cost of normal care and maintenance.”