Some ‘Thawing’ in FDA Drug Communication Approach: Attorneys
Three Akin Gump attorneys say that examples included in an FDA draft guidance on consistent communications “appear to signal a slight thawing in FDA’s approach to communications made related to drugs, particularly with respect to information about longer-term safety and efficacy, specific patient subgroups, patient-reported outcomes, and mechanism of action.” The guidance was issued in the waning days of the Obama administration, and the attorneys say in an online post that it will be up to the Trump administration to decide whether to pull it or continue to receive comments.
The guidance says that a communication is only consistent with the FDA-required labeling if it meets all of three factors involving comparisons to conditions of use in the required labeling, potential to harm health, and comparison to directions for use. It cites examples of communications that would pass the test of consistence and those that would fail.
A draft guidance on payer communications does not limit the methods for communicating competent and reliable scientific evidence, which could be conveyed in an evidence dossier, journal report, software, budget model, or another form, the attorneys write. The draft also addresses communication of healthcare economic information relating to unapproved medical products such as investigational drugs and medical devices.
The post covers two other items released by FDA at the same time — a memorandum on communications and the First Amendment and a final rule on the definition of “intended uses.”