Here's more good news for Biotechs in general and LGND in particular: By Jennifer Corbett Dooren Staff Reporter
WASHINGTON -(Dow Jones)- The Senate Wednesday overwhelmingly approved a bill that is intended to speed the review of new medical devices, drugs and food products.
The 98-to-2 vote caps a nearly three-year effort at overhauling the Food and Drug Administration, the agency responsible for approving and monitoring the safety of everything from pacemakers to aspirin.
A House panel is scheduled to approve similar legislation Thursday and the measure expected to reach the House floor in the next few weeks.
Sponsors of the bill said it provides moderate, incremental reform of the FDA.
"I believe this is an important step forward at ensuring a stronger and efficient FDA," said Sen. James Jeffords (R., Vt.), chairman of the Senate Labor, Health and Human Services Committee.
To help speed up review of medical devices, the legislation would allow the FDA to expand an existing pilot program that allows private third-parties to review some kinds of medical devices and it would create a "fast-track" approval process for drugs intended to treat life-threatening illnesses.
The legislation would also give some seriously ill people access to experimental drugs and it would renew the expiring Prescription Drug User Fee Act. The popular law, which is credited with increasing drug approval times, charges pharmaceutical companies fees to fund most of the costs of drug safety and effectiveness reviews.
Linking FDA reform to the renewal of the drug user-fee act gave FDA reform considerable momentum. Lawmakers have made various attempts to overhaul the FDA during the past 20 years, but such efforts intensified when the Republicans gained control of Congress in 1994.
The FDA bill was delayed for several weeks by Sen. Edward Kennedy (D., Mass.) and other liberal Democrats who objected to several provisions in the bill ranging from cosmetics regulation to medical-device review. Kennedy and Sen. Jack Reed (D., R.I.) voted against the bill.
Kennedy agreed Tuesday to end his filibuster of the bill. All but one of his objections have been resolved over the past few weeks.
"Thirty sections of the 60 sections in this bill have been altered," said a frustrated Sen. Dan Coats (R., Ind.) "(The bill) has been watered-down substantially."
The remaining provision Kennedy objects to is one that would restrict Food and Drug Administration testing of medical devices for uses other than those spelled out on the manufacturer's label.
Supporters of the provision argue that the restrictions on the FDA are designed to speed up the review process for medical devices.
The restrictions on reviewing devices for alternative uses doesn't apply to new medical devices and would apply to devices that are similar to devices already approved for use.
Critics had argued that the FDA, when considering an application for a device that's similar to one already on the market, would be allowed to review the device only for uses spelled out in the manufacturer's proposed labeling. They said that would apply even if the device's technology clearly indicates that it will be marketed for a use not included in the labeling.
Democratic lawmakers are expected to try to change the review restrictions when the House Commerce Committee considers a similar FDA bill Thursday. They are also expected to try to scale back or eliminate provisions that would expand an existing pilot program that allows third-parties to review and approve some medical devices.
The FDA legislation also contains food-related provisions that would allow manufacturers to advertise and provide health and nutrient content information claims that have been approved by another federal government agency, such as the National Institutes of Health. Currently, the FDA must verify such claims.
Regulation of the cosmetics industry was another contentious issue that delayed passage. A provision, designed to make federal and state regulations uniform, bars states from imposing their own competing rules and labeling requirements for cosmetics and over-the-counter drugs.
Opponents complained the $20 billion cosmetics industry would be left with little meaningful oversight. Under a compromise, states will continue to regulate the safety of cosmetics and nonprescription drugs unless the FDA imposes its own specific regulations. |