Regulatory Open Forum

 View Only
  • 1.  Delaying, denying or limiting an FDA inspection

    Posted 27-Jul-2013 11:37
    FDA issues first waning letter specifically for Delaying, Denying or Limiting an Inspection.

    Have you experienced anything like this?

    The WL is dated July 18:   http://www.fda.gov/ICECI/EnforcementActions/WarningLetters/2013/ucm361928.htm

    The Guidance has just come out July 12:  http://www.fda.gov/downloads/RegulatoryInformation/Guidances/UCM360484.pdf


    -------------------------------------------
    Andrea Chamblee RAC, FRAPS
    Silver Spring MD
    United States
    -------------------------------------------


  • 2.  RE:Delaying, denying or limiting an FDA inspection

    Posted 28-Jul-2013 20:08
    Andrea, 

    Even more interesting: This WL to Fresenius Kabi references similar allegations ("repeatedly delayed, denied, limited or refused to provide information to the FDA investigators") but is dated 1 July 2013--11 days before the issuance of the guidance document.

    http://www.fda.gov/ICECI/EnforcementActions/WarningLetters/2013/ucm361553.htm

    Interesting to see the agency moving so quickly on this matter.

    - Alec

    -------------------------------------------
    Alexander Gaffney
    - RAPS
    agaffney@raps.org
    -------------------------------------------








  • 3.  RE:Delaying, denying or limiting an FDA inspection

    Posted 29-Jul-2013 10:02
    I do not consider it a suprise that FDA has never had to wait for a (new) Guidance Document to apply their interpretation of a regulatory authority to conduct inspections, and these issues about delays or misdirections, which are interpreted in effect as a kind of "refusal" activity, have been covered in the Establishment Inspections Operations Manual (IOM), Chapter 5 (section 5.2.5), for years. Clarification in a Guidance Document is almost always useful, but this added no new authorities. It seems the WL language appears relatively new, but not the activity which is being addressed (see picture attached, I hope it is displayed properly). And while there was no implication of an escalating problem here, it is still a crime to "...resist, oppose, impede, intimidate, or interfere with, a federal official in the performance of their official duties."



    -------------------------------------------
    Jan S. Peterson, MS, CCRA, RAC, MICR
    Director, Regulatory Affairs
    The EMMES Corp
    Rockville MD
    United States
    -------------------------------------------








  • 4.  RE:Delaying, denying or limiting an FDA inspection

    Posted 29-Jul-2013 18:10
    Yes, no need for a Guidance Document for FDA to do what it has always been able to do.

    I can't speak to whether it has been an "escalating problem," but, noting that this particular recipient is ex-US, I wonder if FDA may have found it more difficult to gain entry and access when dealing with foreign manufacturers.  Perhaps as we continue to go more and more global, this new guidance is intended to give fair warning to foreign manufacturers who may think that they don't really have to comply with the requirements of an agency of some other government.

    -------------------------------------------
    Julie Omohundro RAC
    RAQA Services
    Research Triangle Park NC
    United States
    -------------------------------------------








  • 5.  RE:Delaying, denying or limiting an FDA inspection

    Posted 01-Aug-2013 14:29
    They have had problems with refusals.  This alert was published recently:

    http://www.accessdata.fda.gov/cms_ia/importalert_521.html

    This company stopped an inspection. I was taking an FDA Law course at the time.

    http://www.fiercepharmamanufacturing.com/story/fda-warning-letter-says-china-otc-maker-halted-inspection-midstream/2012-09-18

    The pet jerky issue in China a couple of years ago was a refusal to inspect in that the company wouldn't allow the FDA to take samples of the product.

    http://www.nbcnews.com/health/china-stiff-arms-fda-jerky-pet-treat-testing-reports-show-957994

    -------------------------------------------
    Robert Martin
    Project Manger
    Chart BioMedical
    Ball Ground GA
    United States
    -------------------------------------------








  • 6.  RE:Delaying, denying or limiting an FDA inspection

    Posted 30-Jul-2013 16:05
    Another aspect of this guidance is FDA slipping in the photography justification.   Refusal for photography is not an inspection refusal.   While FDA gives limited examples of why photos would be helpful, the argument about allowing companies to exclude photography as part of company policy - as far as I know - is NOT settled.   FDA believes they have the right, but the cases they have historically cited are not applicable.  In fact, they are a big stretch.  This document may be their way to help intimidate some to allow any photos they desire.

    -------------------------------------------
    Glen Freiberg RAC
    President
    Rancho Santa Fe CA
    United States
    -------------------------------------------








  • 7.  RE:Delaying, denying or limiting an FDA inspection

    Posted 30-Jul-2013 16:18

    We all need to keep in mind that the FDASIA provision about "limiting" inspection applies solely to drug companies and not to any other-FDA regulated entity.  Thus, the related guidance, to the extent it tries to bootstrap refusing to allow photos as a "limitation" on inspection, is only arguably of concern to drug companies.

    Glen is right that the general question on photographing is a bit unsettled, but the two cases cited by FDA are far from supportive of the agency's position.  However, there are some that would assert that FDA does have the power inherently.  And, from a practical matter, if FDA really wants to take photos, they can go get a warrant to do so, which would then change the situation markedly.

    Best,
    Michael


    ______________________________________________
    Michael A. Swit, Esq.
    Special Counsel, FDA Law Practice
    Duane Morris LLP
    750 B Street, Suite 2900
    San Diego, CA 92101-4681
    P: +1 619 744 2215
    F: +1 619 923 2648
    C +1 760 815 4762
    maswit@duanemorris.com

    Note: all postings by me on this forum represent my personal views and are not necessarily those of my clients or my law firm. Further, my comments are not intended as legal advice but as the sharing of general knowledge and do not create an attorney-client relationship with any reader.

    Please follow me on LinkedIN and Twitter:
    http://www.linkedin.com/in/michaelswit
    https://twitter.com/FDACounsel

    -------------------------------------------