ARTICLE
2 June 2016

Group Of Republican Senators Push FDA On Draft Guidance Review

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The letter follows FDA's response to a 2014 letter by the same group of senators, which sought clarification regarding FDA's use of draft guidance to make substantive policy changes.
United States Food, Drugs, Healthcare, Life Sciences

On May 6, 2016, four Republican senators—Lamar Alexander (TN), Richard Burr (NC), Johnny Isakson (GA), and Orrin Hatch (UT)—sent a letter to FDA Commissioner Robert Califf expressing concerns over the amount of time it takes FDA to revise, finalize, or withdraw draft guidance documents. The letter follows FDA's response to a 2014 letter by the same group of senators, which sought clarification regarding FDA's use of draft guidance to make substantive policy changes. Both letters argue that leaving guidance documents in draft form for so long, sometimes for years, makes it difficult to know whether FDA remains committed to the policies outlined in old draft documents. According to FDA's response to the 2014 letter, the Center for Food Safety and Applied Nutrition ("CFSAN") had 16 pending draft guidance documents as of December 31, 2013, and it took CFSAN between 90 and 1,502 days (a median of 454 days) to finalize draft guidance documents.

The 2016 letter, while acknowledging FDA's response, requests that FDA provides updates on: (i) the median number of days it takes FDA to finalize draft guidance; (ii) the list of guidance documents still pending finalization; (iii) the plan for FDA Centers and Offices to systematically review outstanding and future draft guidance documents in a timely manner; (iv) the method used to train FDA staff and employees about how to use draft guidance documents, including information about who conducts these trainings, how frequently they occur, and the content and forum of the trainings; and (v) whether a draft guidance document that has not been finalized should be construed as reflecting FDA's current thinking.

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