A Message to
FDA Stakeholders
July 22, 1998
Last November, Congress passed, and President Clinton
signed into law, the FDA Modernization Act (FDAMA) of 1997, a far-reaching
piece of legislation that touches virtually every aspect of FDA's activities.
In enacting FDAMA, Congress affirmed FDA's role as a protector and promoter
of the public health of American citizens, endorsed many actions that FDA had
already taken to streamline its operations, and added substantial new obligations.
Implementing FDAMA is one of the most demanding challenges faced by the agency
in its 92 year history, and we are committed to meeting this challenge.
Congress also recognized that FDA's responsibilities are vast and that
the Agency's stakeholders can play an important role in helping the agency determine how
best to meet them. Therefore, in Section 406(b) of FDAMA, Congress charged FDA with
consulting with "appropriate scientific and academic experts, health care
professionals, representatives of patient and consumer advocacy groups, and the regulated
industry." Following these consultations, FDA is to develop and publish a plan
for complying with each of its obligations under the Federal Food, Drug and Cosmetic
Act. The agency is required to review the plan biannually and to revise it, as
necessary in consultation with the same stakeholders.
The plan, which must be published in the Federal Register by
November 21, 1998, will address six specific objectives. The first two objectives
focus on maximizing the availability and clarity of two types of information that are
important for producers and consumers: information about FDA's processes for
reviewing applications and other submissions to the agency, and information about new
products. The third objective is to meet the agency's inspection and postmarketing
obligations, and the fourth is to ensure that FDA has access to the scientific and
technical expertise it needs to meet its obligations.
As you know, the FDAMA mandates specific time frames for FDA to review
or otherwise act upon certain applications and submissions to the agency. The
fifth objective in Section 406(b) of FDAMA is to establish mechanisms, by July 1999, for
meeting all of these time frames for submissions received after FDAMA's enactment
date. And finally, the sixth objective is to eliminate any backlogs in the
review of applications and submissions by January 1, 2000.
Congress has required FDA to report on its progress in meeting the
plan's objectives, to publish such a report annually, and to solicit public comment on
it. The agency is to compare its performance to the plan and to other statutory
obligations, and notably, to identify and suggest revision of any regulatory policy that
has a significant negative effect on the Agency's ability to comply with the plan's
objectives.
FDA welcomes FDAMA's affirmation of its public health
mission. Since the start of this decade, FDA has pursued many of the
objectives of FDAMA by streamlining regulatory procedures, setting new priorities,
entering into novel collaborative arrangements, and carrying out far-reaching managerial
reforms. Our own broad-based modernization program has succeeded in improving
the agency's efficiency while maintaining our traditionally high standards for product
quality and consumer protection. Agency productivity has been increasing by about 17
percent a year; FDA initiatives have won more than 40 awards from the Vice President's
National Partnership for Reinventing Government; and last year, we were honored to receive
the prestigious prize for Innovations in American Government from the Ford Foundation.
Innovations and efficiencies alone, however, may not be sufficient to
deal with the enormous growth in FDA's obligations that has been fueled by rapid
technological developments, increased complexity of regulated products, and mushrooming
global trade. As a result of these developments, FDA finds itself severely
challenged to meet all of its statutory obligations.
In accordance with the Congressional directive, and in the agency's
long tradition of close dialogue with its constituents, in the weeks and months ahead we
will meet with our stakeholders to seek their views on how to accomplish the 406(b)
objectives. These consultations, which will occur in different formats and venues,
will be completely open, and the agency is receptive to all constructive input and
proposals. The resulting plan will be shaped with careful attention to the views of
all stakeholders. We fully anticipate that this consultation process will continue
in the years ahead -- not only because of FDAMA, but because dialogue with our
stakeholders is a very important part of the way in which we do business. We have
high expectations that stakeholder input will provide us with creative practical solutions
and will tell us how they can help to identify ways for us to work cooperatively.
Developing a realistic plan for meeting our public health obligations
is a formidable task. We are concerned about the growing gap between where we are
and where we want to be in some critical areas. In the previous few years, we have
focused agency priorities on application review and as a result believe other agency
activities now need increased focus and attention. As we look at the six specific
objectives of the plan, we can easily see areas where, we will have great difficulty in
fulfilling what is expected of us in just the next year. We think the following
represent several of the most critical issues facing the FDA and while the projections for
some of these areas, as outlined below, are tentative, and by no means address the entire
spectrum of the agency's statutory obligations or public health goals, they are indicative
of the growing concerns within the Agency about the workload we are facing. We
welcome your feedback and suggestions.
- ADVERSE
EVENT/INJURY REPORTING: A recent article in the Journal of American
Medical Association (JAMA), estimated that in 1994, 106,000 people died and another
1.3 million Americans were injured as a result of adverse reactions to properly prescribed
medications. Whether that number is accurate can be debated but there is no doubt
that the number of injuries and deaths is substantial. Additional injuries and
multibillion-dollar hospitalization costs and economic losses also result from medication
errors, misuse or improper use of medical devices, and errors and accidents in the
manufacture of biological products. FDA presently receives data on some of these
adverse events and acts accordingly. Nonetheless, a much more extensive active
surveillance system is needed to detect and analyze the many types of injuries caused by
FDA regulated products. We believe a more comprehensive and cooperative program with
health professionals and patients would have significant impact on reducing these
injuries. In addition, an integrated, science-based system for reporting,
monitoring, evaluating and providing feedback to health professionals and consumers on
adverse events related to all FDA-regulated products would make a significant contribution
to public health and public confidence. The development of an integrated system
would maximize the availability and clarity of information about new products, and meet
the FDAMA objective for postmarketing monitoring.
- PRODUCT
SAFETY ASSURANCE: The FDA's statutory responsibilities underpinning
product safety assurance and enforcement require an integrated, proactive approach to
achieve an acceptable and expected level of consumer protection. The challenge to
monitor the quality and safety of all regulated products from domestic and foreign
sources, however, is growing. The agency, even in conjunction with its state
regulatory partners, is able to annually inspect less than a third of the domestic firms
within its purview. The number of FDA inspections for foods, drugs and devices
[excluding mammography], including inspections by state agencies under contract to FDA has
decreased between 1991 and 1998. In the area of imports, the total volume of
FDA-regulated imports exceeds $50 billion per year, with some categories of imports
growing at an exceedingly rapid rate. Imports continue to grow in volume,
complexity, and diversity of sources. The magnitude of this increase is best
illustrated by comparing the $51 billion value of import shipments in fiscal year 1997
with the $65 billion import value projected for the year 2000. This growth in the
value of import shipments can be viewed as an increase in import value of $5 billion per
year or, most astounding, $10 million per day. Our ability to meet the postmarket
monitoring objective in the plan, is inherently related to our ability to meet our
enforcement obligations. Enforcement is an integral adjunct to outreach in such
areas as injury reporting and product safety assurance, and an important stimulant for
voluntary compliance and partnership programs. Unfortunately, in recent years, FDA's
traditional enforcement actions have declined despite new challenges to public health
protection. Moreover, new technologies such as the emerging use of cord blood stem
cells, tissues and reproductive tissue banking, and the use of materials of animal origin
for transplantation will require new regulations aimed at ensuring quality and safety, for
which FDA now lacks sufficient enforcement capability.
- PRODUCT
APPLICATION REVIEWS: New product submissions are increasing 12 percent
a year, and at this rate would double the agency's application workload in six
years. This increase in workload trend, increasingly complex technology, and
unchanged staffing levels, have led to delayed FDA action on products not covered by user
fees -- new blood products, animal drugs, generic drugs, medical devices and food
additives. Delay in approval of safe and effective products can cost billions of
dollars in health care costs. Our plan must address ways to meet these obligations.
- FOOD
SAFETY: Even though the United States has the safest food supply in the
world and the FDA has begun implementing the Administration's food safety program, more
needs to be done to protect the public against food-borne illnesses that annually claim
9,000 lives and cause multimillion dollar economic losses. The most important
measures currently beyond the agency's capacity include improvement of FDA's outbreak
response network for quick identification of the source of contaminated food; a
strengthened monitoring program to identify and contain antimicrobial resistance to both
human and veterinary drugs; increased research and risk assessment to improve food
production systems and knowledge about mechanisms of microbial contamination; the
development of additional industry guidance on food production preventive control systems;
technical assistance to domestic and foreign producers; and contractual agreements with
state inspectors to inspect food production facilities as part of an integrated national
food inspection system. A strong food safety program helps meet the 406(b)
objectives on maximizing the availability of information on new products and on postmarket
monitoring.
- OUTREACH:
FDA's ability to communicate our requirements and procedures to the
regulated industry is critical to the industry's voluntary compliance with product
standards, regulations and guidelines. Similarly the agency's consumer-focused
educational efforts are critical to public understanding of the importance of proper
nutrition, correct use of drugs, and avoidance of unsafe products. There is an
urgent need to stimulate voluntary adverse event reporting by health professionals in
order to counter the high incidence of device and medication associated injuries.
Information exchanges and outreach are the foundation of a continuing collaboration with
professional organizations, consumer groups, and foreign governments and regulatory
counterparts which contributes importantly to FDA's many mission-oriented
activities. Widespread availability of understandable information is a powerful tool
in accomplishing FDA's public health objectives.
- SCIENTIFIC INFRASTRUCTURE and RESEARCH:
One of FDA's traditional strengths has been the quality of the science underlying its
decisions. FDA's clinical and laboratory research program is a cornerstone of the agency's
science-based decision-making process, and strong regulatory and research components are
essential to the successful accomplishment of any plan for meeting the agency's statutory
obligations. A strong scientific infrastructure, including research contributes to
the quality of product assessments, helps to reduce development time, expedites and adds
value to new technologies, and supports the development of science-based guidance
documents and risk assessments. Scientific efforts such as research improve our
ability to predict the potential for an adverse effect from exposure to a product and is
critical for promoting human health and predicting product safety. A high-quality
intramural research program allows the agency to maintain the expertise to quickly address
complicated questions as they arise in the product review process, and to anticipate
future problems in the increasingly complex arenas of novel drug and biologic products,
medical devices, and foods. Postmarket drug quality research is important for
detection of unanticipated adverse effects of medications. A strong science base and
increased scientific research are essential to meeting all six of the plan's objectives,
but are particularly central to the last three--ensuring access to the scientific and
technical expertise needed for meeting the Agency's obligations under the law,
establishing mechanisms for meeting statutory review deadlines by July 1999, and
eliminating review backlogs by January 2000.
- TOBACCO: FDA has identified an additional major public
health goal not expressly addressed by FDAMA, which is the need to reduce tobacco use by
minors. In the first half of this fiscal year, 10 state authorities under contract
to FDA attempted or completed 10,636 checks of retailer compliance with the ban on sale of
tobacco products to minors. In order to reach the goal of a 50 percent reduction in
underage smoking by the year 2004, this surveillance needs to cover all or most of the
tobacco retail outlets, estimated to number almost one million. The agency also
needs to expand its program for providing retailers with information about the FDA tobacco
rule.
Although we have shared areas where we have real
concerns about our ability to meet our statutory obligations, our stakeholders can be
assured that we are embarking on this consultation process with no preconceived
conclusions. It is our hope that the above information will serve to enhance the
flow of ideas we hope will emerge from our exchanges, and from the continued outreach and
consultation process.
FDA remains committed to meeting its many responsibilities through a
continuous search for new efficiencies and collaborative or work-sharing arrangements with
its constituents and other members of the regulatory community, both in the U.S. and
abroad. We welcome comments and suggestions, and we are dedicated to carrying out
these consultations in a spirit of candor and cooperation.
To help focus comments, the following questions have been developed in
the context of the objectives described in section 406(b) of FDAMA.
- What can FDA do to improve
its explanation of the Agency's submission review processes, and make explanations more
available to product sponsors and other interested parties?
- How can the Agency maximize the
availability and clarity of information concerning new products?
- How can FDA work with its partners to
ensure that products--domestic and foreign--produced and marketed by the regulated
industry are of high quality and provide necessary consumer protection; and how can FDA
best establish and sustain an effective, timely, and science-based postmarketing
surveillance system for reporting, monitoring, evaluating, and correcting problems
associated with use/consumption of FDA-regulated products?
- What approach should FDA use to ensure
an appropriate scientific infrastructure with continued access to scientific and technical
expertise needed to meet its statutory obligations and strengthen its science-based
decision-making process?
- What do you believe FDA should do to
adequately meet the demands that are beginning to burden the application review process,
especially for non-user fee products, so that it can meet its statutory obligations to
achieve timely product reviews?
- What suggestions do you have for the
Agency to eliminate backlogs in the review process?
- What other objectives related to the Agency's statutory obligations or public
expectations -- beyond the six objectives -- should be included in the FDA plan?
We have established a docket to receive any input that you
may have on the six objectives outlined in section 406(b) of FDAMA. The more
specific and concrete you can be in your suggestions, the more helpful they will be in
developing the 406(b) plan. The docket number is 98N-0339. Comments may be
sent via hard copy to the following address:
Food and Drug Administration
Dockets Management Branch
Room 1061, HFA-305
5630 Fishers Lane
Rockville, MD 20852
Comments can also be sent via email to: FDADOCKETS@OC.FDA.GOV.