What we expect to be talking about in May and June
- Reaction to FDA LDT regulation: With the publication of the FDA’s final Laboratory Developed Test (LDT) rule in late April, we’re expecting the first few weeks of the May to be consumed with industry reactions to the rule, including likely litigation from the laboratories industry to halt its implementation period. Beyond litigation, expect that CDRH Director JEFF SHUREN could be called before House legislators who have already expressed displeasure at the rule.
- FDA’s Diversity Action Plan guidance: The FDA’s hotly-anticipated revised draft guidance document is currently under review at the White House’s Office of Information and Regulatory Affairs (OIRA), and we anticipate that it will be published over the next two months.
- A new era for DTC advertising: On May 20, the FDA’s final rule requiring that direct-to-consumer television and radio advertising contain “clear, conspicuous and neutral” statements regarding the drug’s major side effects and contraindications will go into effect. While not all advertisements will contain the new statements immediately (it is only required later in 2024), the changes will mark one of the most visible changes to drug advertising in years.
- Unified Agenda: What regulations is the FDA expecting to release through the end of the year? We will soon know, thanks to the expected update of the government’s Spring Unified Agenda. In years past, the Spring agenda is typically published in June, with the Fall agenda following in December.
Things FDA expects to do in May and June
This list is comprised of specific actions and the dates by which FDA has said it plans to accomplish them.
Date |
What’s Happening |
Explanation |
Source |
May 20 |
New advertising rule goes into effect |
The first date by which companies may begin to advertise drugs using FDA’s new final rule on clear, conspicuous, and neutral statements. |
|
June 29 |
GGP Report |
FDA expected to finalize report on Good Guidance Practices |
Regulations and guidance under OIRA review as of May
The White House’s Office of Information and Regulatory Affairs (OIRA) is the regulator of regulators, tasked with ensuring that all federal policies and regulations adhere to laws, existing regulations, federal policies and the wishes of the President. This is what OIRA is currently reviewing. (Note: If a link no longer works, it is likely because OIRA has since cleared the document.)
Title |
Type |
Date Received by OIRA |
Legal Deadline |
Diversity Action Plans to Improve Enrollment of Participants from Underrepresented Populations in Clinical Studies |
Guidance |
April 10 |
December 29 (Overdue) |
Regulations and guidance awaiting immediate publication in May
The following documents have cleared review by the White House’s Office of Information and Regulatory Affairs (OIRA) and may be released by the FDA at any time. (Note: If a link no longer works, it is likely because OIRA has since deleted it.)
Title |
Type |
Date Cleared by OIRA |
Legal Deadline |
None |
|
|
|
Notable FDA Comment Periods Closing in May and June
FDA comment periods are typically open for 30-60 days, unless they are extended.
Meetings that FDA has planned for May and June
These are FDA-hosted events set to take place over the next two months.
Start Date |
End Date |
Event |
Event Type |
Center |
04/29/2024 |
04/29/2024 |
Medical Device Sterilization Town Hall: Topics and Formats for the Continuing Sterilization Series |
Town Hall |
CDRH |
04/30/2024 |
04/30/2024 |
Webcast |
CDRH |
|
05/01/2024 |
05/01/2024 |
2024 FDA & ASCPT Annual William B. Abrams Lecture: The Benzodiazepine Era |
Other |
Office of the Commissioner |
05/02/2024 |
05/03/2024 |
FDA/CRCG Workshop: Considerations and Potential Regulatory Applications for a Model Master File |
Public |
CDER |
05/07/2024 |
05/08/2024 |
Public |
CDER |
|
05/08/2024 |
05/09/2024 |
Public |
CDER |
|
05/09/2024 |
05/09/2024 |
Webcast |
Office of the Commissioner |
|
05/09/2024 |
05/09/2024 |
Workshop |
Office of the Commissioner |
|
05/09/2024 |
05/09/2024 |
Blood Products Advisory Committee May 9, 2024 Meeting Announcement |
Advisory Committee Meeting |
CBER |
05/09/2024 |
05/09/2024 |
Redesigned Pre-Submission Meetings in GDUFA III: Benefits for ANDA Submission and Approval |
Virtual |
CDER |
05/09/2024 |
05/09/2024 |
Webcast |
Office of the Commissioner |
|
05/13/2024 |
05/13/2024 |
Natural History Studies and Registries in the Development of Rare Disease Treatments |
Workshop |
CDER |
05/14/2024 |
05/14/2024 |
Webinar – Final Rule: Medical Devices; Laboratory Developed Tests |
Webcast |
CDRH |
05/16/2024 |
05/16/2024 |
Vaccines and Related Biological Products Advisory Committee (Seasonal Covid-19 Vaccines) |
Advisory Committee Meeting |
CBER |
05/16/2024 |
05/16/2024 |
Scientific |
Office of the Commissioner |
|
05/16/2024 |
05/16/2024 |
Virtual |
CDER |
|
05/20/2024 |
05/21/2024 |
Fiscal Year 2024 Generic Drug Science and Research Initiatives Public Workshop |
Workshop |
CDER |
05/22/2024 |
05/22/2024 |
Meeting of the Pediatric Oncology Subcommittee of the Oncologic Drugs Advisory Committee (Pediatric Targeted Oncology) |
Advisory Committee Meeting |
CDER |
05/23/2024 |
05/23/2024 |
Molecular and Clinical Genetics Panel of the Medical Devices Advisory Committee (Guardant Shield Blood Collection Kit) |
Advisory Committee Meeting |
CDRH |
05/24/2024 |
05/24/2024 |
Meeting of the Endocrinologic and Metabolic Drugs Advisory Committee (Novo Nordisk’s insulin icodec) |
Advisory Committee Meeting |
CDER |
05/29/2024 |
05/30/2024 |
Conference |
CDER |
|
06/04/2024 |
06/04/2024 |
Town Hall |
CBER |
|
06/06/2024 |
06/06/2024 |
Meeting |
CDER |
|
06/13/2024 |
06/13/2024 |
Public Meeting: Optimizing FDA’s Use of and Processes for Advisory Committees |
Listening Session |
|
06/13/2024 |
06/13/2024 |
Workshop |
CDER |
|
06/13/2024 |
06/13/2024 |
Webcast |
Office of the Commissioner |
|
06/18/2024 |
06/18/2024 |
FDA Clinical Trial Requirements, Regulations, Compliance, and GCP Conference |
Conference |
Office of Regulatory Affairs |
Third-party regulatory meetings being held in May and June
These are notable industry events related to regulation, including those at which FDA speakers are confirmed or likely to speak.
Date |
Group |
Event |
Notable FDA Speakers |
April 29 – May 1 |
Global Genes |
|
|
April 29 – May 1 |
Dark Report |
Executive War College on Diagnostics, Clinical Laboratory and Pathology Management |
|
April 30 – May 2 |
Archimedes Center for Health Care and Medical Device Cybersecurity |
Natassia Tamari |
|
May 1 |
Alliance for a Stronger FDA |
Michael Rogers |
|
May 2-3 |
UMaryland |
Considerations and Potential Regulatory Applications for a Model Master File |
|
May 2 |
SOCRA |
Gail Rodriguez, Donna Headlee |
|
May 3-6 |
ACRP |
|
|
May 6 |
Alliance for a Stronger FDA |
Alliance’s FY 25 Budget Series: CDER’s Dr. Patrizia Cavazzoni |
Patrizia Cavazzoni |
May 6 |
Friends of Cancer Research; Parker Institute for Cancer Immunotherapy |
Peter Marks, Namandjé Bumpus, Nicole Verdun, Iwen Wu, Asha Das, Anna Kwilas, |
|
May 6-9 |
Association of Public Health Laboratories |
Numerous |
|
May 7 |
Reagan-Udall Foundation for the FDA |
Robert Califf, Jim Jones, Peter Marks, Jeff Shuren, Douglas Stearn, Marta Sokolowska |
|
May 7-11 |
ASGCT |
Ingrid Markovic, |
|
May 7-8 |
Pharma Conference Inc |
19th Annual FDA and the Changing Paradigm for HCT/P Regulation |
|
May 8-9 |
UMaryland |
Clinical Pharmacology Guidances Advancing Drug Development and Regulatory Assessment |
|
May 13-16 |
AAPS |
Celia Witten |
|
May 13 |
Reagan-Udall Foundation |
Natural History Studies and Registries in the Development of Rare Disease Treatments |
|
May 14 |
Alliance for a Stronger FDA |
Alliance’s FY 25 Budget Series: CDRH Director Dr. Jeff Shuren |
Jeff Shuren |
May 14 |
America’s Blood Centers |
|
|
May 15-16 |
FDLI |
Robert Califf, Mark Raza, Julie Tierney, Patrizia Cavazzoni, Jeff Shuren, others |
|
May 16 |
GBS|CIDP Foundation International |
|
|
May 20 |
National Academies |
Toward a Framework to Improve Diversity and Inclusion in Clinical Trials – A Workshop |
|
May 21 |
DIA |
Regulatory Policy and Intelligence Community Meeting: OND Director Peter Stein |
Peter Stein |
May 22 |
AgencyIQ |
|
|
May 22 |
NPA |
|
|
May 28 |
The Global Foundation for Peroxisomal Disorders |
Patient Focused Drug Development Meeting: Peroxisomal Disorders
|
|
May 30 |
Reagan-Udall Foundation for the FDA |
John Concato, Tala Fakhouri, Stefanie Kraus |
|
May 31 – June 4 |
ASCO |
Richard Pazdur |
|
June 3-6 |
BIO |
Patrizia Cavazzoni, Peter Marks, others |
|
June 3-5 |
MedTech Intelligence |
|
|
June 4-5 |
ICH |
|
|
June 6-7 |
RAPS |
AgencyIQ Speakers |
|
June 7 |
Myositis Support and Understanding |
Patient Focused Drug Development Meeting: Adult Dermatomyositis |
|
June 11 |
SADS Foundation |
|
|
June 16-20 |
DIA |
Numerous. AgencyIQ also in attendance. |
|
June 17-18 |
ISPE |
Sharmista Chatterjee |
|
June 18-20 |
SOCRA |
FDA Clinical Trial Requirements, Regulations, Compliance and GCP Virtual Conference |
Numerous |
June 18 |
GovTech Connects |
FedFocus ’24: FDA-ODT: New Acquisition Strategy, IT Operating Plan & Implementation Plan |
Vid Desai, Jessicva Berrellez, others |
June 24-26 |
Council for Responsible Nutrition |
12th Annual Legal, Regulatory & Compliance Forum on Dietary Supplements |
Cara Welch |
June 25 |
AgencyIQ |
|
PDUFA Dates expected in May and June
PDUFA dates represent the expected date of a regulatory decision by the FDA on a New Drug Application or Biologics License Application. The following PDUFA dates were obtained from publicly available sources.
Date |
Company |
Drug |
Indication |
May 9 |
Seagen / Astellas |
First-Line Treatment of Advanced Bladder Cancer |
|
May 9 |
Pfizer / Genmab |
Recurrent or metastatic cervical cancer with disease progression on or after first-line therapy |
|
May 9 |
Merck |
First-Line Treatment of Patients With Locally Advanced or Metastatic Urothelial Cancer |
|
May 13 |
Dynavax |
Hepatitis B vaccine for patients on hemodialysis |
|
May 14 |
Ascendis Pharma |
Adult patients with hypoparathyroidism. |
|
May 23 |
BMS |
Relapsed or Refractory Follicular Lymphoma (FL) |
|
May 25 |
Abeona Therapeutics |
recessive dystrophic epidermolysis bullosa (RDEB) |
|
May 31 |
BMS |
Relapsed or Refractory Mantle Cell Lymphoma (MCL) |
|
June 4 |
Catalyst Pharmaceuticals |
Treatment of Lambert-Eaton myasthenic syndrome (“LEMS”) |
|
June 7 |
GSK |
Prevention of RSV Disease in Adults Aged 50-59 at Increased Risk |
|
June 10 |
Ipsen and Genfit |
Treatment of rare cholestatic liver disease, PBC |
|
June 12 |
Amgen |
Third-Line Treatment of Advanced SCLC |
|
June 15 |
BMS |
Treatment of Patients with NTRK-Positive Locally Advanced or Metastatic Solid Tumors |
|
June 16 |
Geron |
Treatment of transfusion-dependent anemia in patients with lower risk myelodysplastic syndromes (MDS) |
|
June 17 |
Merck |
21-valent pneumococcal conjugate vaccine specifically designed to help prevent invasive pneumococcal disease and pneumococcal pneumonia in adults |
|
June 21 |
Zai Lab |
Treatment of patients with previously treated KRASG12C-mutated locally advanced or metastatic colorectal cancer (CRC) |
|
June 21 |
Argenx |
Treatment of Chronic Inflammatory Demyelinating Polyneuropathy |
|
June 21 |
Harmony Biosciences |
Treatment of excessive daytime sleepiness (EDS) or cataplexy in pediatric patients 6 years of age and older with narcolepsy |
|
June 21 |
Zevra Therapeutics |
Treatment For Niemann-Pick Disease Type C |
|
June 21 |
Merck |
Treatment for Primary Advanced or Recurrent Endometrial Carcinoma |
|
June 26 |
Merck/ Daiichi Sankyo |
treatment of certain patients with previously treated locally advanced or metastatic EGFR-mutated non-small cell lung cancer (NSCLC) |
|
June 26 |
Verona Pharma |
The maintenance treatment of patients with chronic obstructive pulmonary disease |
|
June 27 |
Sanofi |
treatment in certain adult patients with uncontrolled chronic obstructive pulmonary disease (COPD) |
|
June 28 |
Genmab |
Difficult-to-Treat Relapsed or Refractory Follicular Lymphoma |
|
June 30 |
Rocket Pharmaceuticals |
Treatment of Severe Leukocyte Adhesion Deficiency-I (LAD-I) |
User Fee Deliverables expected in May and June
FDA has generally been meeting its commitments under its various new user fee programs, and typically weeks or months ahead of schedule. The following commitments are due within the next two months, minus any commitments the FDA has already met (to our knowledge).
Letter |
Program Tag |
Commitment |
Due Date |
PDUFA |
Advancing RWE Program |
Report containing aggregated and anonymized information describing RWE submissions to CDER and CBER. |
June 30, 2024 |
GDUFA |
Facility related CRL |
FDA will issue a MAPP on the process for Reclassification of Facility-Based Major CRL Amendments set forth in section II(C)(7) |
June 30, 2024 |
GDUFA |
Facility related CRL |
FDA will issue a MAPP on the prioritization of FDA assessment of solicited DMF amendments |
June 30, 2024 |
PDUFA |
Meetings |
Hold a public meeting to discuss best practices for meeting management, including issues related to submission of meeting requests, efficient time management, coordinating meeting agenda, development and submission of meeting background packages and lessons learned from the Covid-19 pandemic including virtual meeting platforms |
July 30, 2024 |
Upcoming (or overdue) legislative requirements due as of May
Congress often asks the FDA to release or hold guidance documents, regulation, reports, meetings, hearings or pilot programs as of specific dates. Many of these requirements will be met weeks or months before the actual due date. The following legislative requirements are due within the next two months:
Legislation |
Requirement |
Due Date |
Platform Technologies: FDA must issue draft guidance regarding the implementation of the platform technology designation program. The guidance will include examples of products that can use platform technologies, information on the Agency’s review process, and recommendations and requirements for reporting. |
12/29/2023 |
|
Shortages: FDA must review its policies related to drug or biologic expiration dates and issue draft guidance or revise existing guidance on stability testing data in drug and biological product submissions. The guidance will include FDORA, Section recommendations FDORA, Section on the inclusion of the “the longest feasible expiration date supported by such data” in a drug’s label. |
12/29/2023 |
|
Clinical Trials Diversity: FDA is directed to require the submission of a “diversity action plan” for all Phase 3 clinical trials of new drugs. FDA is directed to issue new draft guidance or update existing guidance regarding Diversity Action Plans for clinical studies. The guidance will include information for sponsors regarding both formatting and content. The content will include both goals for enrollment of populations and rationales for those goals. |
12/29/2023 |
|
GAO to release a report to Congress assessing the policies, practices, and programs of the FDA with respect to the review of applications for approval of drugs and biologics intended to treat rare disease, with a focus on the effectiveness of FDA’s policies and challenges encountered by sponsors. |
6/29/2024 |
|
FDA must publish draft guidance on how sponsor questions about novel surrogate or intermediate endpoints can be answered earlier in the development process, as well as other factors related to the accelerated approval process. |
6/29/2024 |
|
FDA must issue draft guidance on the Agency’s processes and practices for Bioresearch Monitoring (BIMO) inspections, which received new authorities in the omnibus. The guidance will cover best practices for information submission and other communications. |
6/29/2024 |
|
GAO will submit a report to Congress on inspections of foreign facilities conducted by foreign establishments. The report will cover topics such as frequency and manner of these inspection, as well as other considerations such as mutual recognition agreements. |
6/29/2024 |
|
GAO will submit a report to Congress assessing “the policies and practices of the Division of Executive Operations of the Office of the Executive Secretariat of the Food and Drug Administration with respect to the receipt, tracking, managing, and prioritization of correspondence.” |
6/29/2024 |
Overdue and pending regulatory actions
This list, based on the federal government’s Unified Agenda, contains all the regulations that FDA has said it intended to release, or plans to release in the coming months. In our experience, the FDA does not meet its own intended deadlines for the release of these actions in more than half of all cases (sometimes due to delays at the White House reviewing regulations). We’ve also included documents that are actively under White House review – a process which often takes several weeks (or months) to conclude. [ Read the full list of documents on FDA’s Unified Agenda here.]
Agenda Stage of Rulemaking |
Title |
Status |
Estimated Publication |
Proposed Rule |
Past Due |
November 2023 |
|
Proposed Rule |
Past Due |
November 2023 |
|
Prerule |
Recalls of Products Subject to the Jurisdiction of the Food and Drug Administration |
Past Due |
November 2023 |
Final Rule |
Administrative Destruction of Certain Devices Refused Admission to the United States |
Past Due |
November 2023 |
Proposed Rule |
Current Good Manufacturing Practice for Positron Emission Tomography Drugs |
Past Due |
December 2023 |
Proposed Rule |
Past Due |
December 2023 |
|
Proposed Rule |
Past Due |
December 2023 |
|
Proposed Rule |
Past Due |
January 2024 |
|
Proposed Rule |
Registration of Commercial Importers of Drugs; Good Importing Practice |
Past Due |
January 2024 |
Final Rule |
Past Due |
January 2024 |
|
Final Rule |
Past Due |
January 2024 |
|
Proposed Rule |
Past Due |
March 2024 |
|
Final Rule |
Past Due |
March 2024 |
|
Final Rule |
General and Plastic Surgery Devices: Restricted Sale, Distribution, and Use of Sunlamp Products |
Past Due |
March 2024 |
Proposed Rule |
Past Due |
April 2024 |
|
Proposed Rule |
Contact Lens Devices; Designation of Special Controls for Daily Wear Contact Lenses |
Past Due |
April 2024 |
Final Rule |
Past Due |
April 2024 |
|
Final Rule |
Past Due |
April 2024 |
|
Final Rule |
Nonprescription Drug Product With an Additional Condition for Nonprescription Use |
Past Due |
April 2024 |
Final Rule |
Color Additive Certification; Increase in Fees for Certification Services |
Past Due |
April 2024 |
Proposed Rule |
|
May 2024 |
|
Proposed Rule |
|
June 2024 |
|
Proposed Rule |
Amending Regulations That Require Multiple Copies Submissions |
|
June 2024 |
Final Rule |
|
June 2024 |
|
Final Rule |
|
June 2024 |
To contact the author of this piece, please email Alec Gaffney ( [email protected])