FDA Presses Pause on Domestic and Foreign Inspections for all FDA-Regulated Products Due To COVID-19 Concerns
Client Alert | 2 min read | 03.20.20
In response to the recent COVID-19 pandemic, the U.S. Food and Drug Administration (“FDA”) has temporarily paused all domestic and international on-site inspections not deemed “mission-critical.”
On Wednesday, March 18th, FDA Commissioner Stephen Hahn announced that the Agency would temporarily halt domestic inspections not deemed “mission-critical,” citing concerns for the health and well-being of its staff. These are inspections the FDA conducts every few years based on a risk analysis. Instead, during this interim period, the Agency will evaluate alternative ways to conduct inspectional work to ensure the safety of the firm and the FDA staff such as evaluating records in lieu of conducting onsite inspections. It is important to note that domestic for-cause inspections will proceed if considered “mission-critical.”
Similarly, on March 10th, the Agency announced that it would temporarily scale back foreign inspections, through April, not deemed “mission-critical.” The FDA cited a number of factors including State Department travel advisories, CDC travel recommendations, and other guidance. FDA stated that in the interim, it would employ additional tools to ensure the safety of imported products, including denying entry of unsafe products, physical inspection, product sampling at the border, and reviewing the manufacturer’s compliance history, among others. As is the case with domestic inspections, inspections of foreign facilities deemed “mission critical” will continue on a case-by-case basis.
FDA encourages the industry to “own” safety and quality during this unprecedented time, and adhere to existing reporting and cGMP requirements pertaining to manufacturing, sanitation, and process controls.
In short, the spring on-site inspection that your business has been expecting probably won’t happen. Domestic and foreign manufacturers, nonetheless, should continue adhering to all cGMP and reporting requirements, as FDA indicated it may rely on such reports to determine manufacturer compliance. In addition, we expect that the FDA will extend its suspension of non-critical foreign inspections beyond April.
Contacts
Insights
Client Alert | 8 min read | 11.21.24
New Legislation Introduced in Congress Proposes Ending Normal Trade Relations with China and More
On November 14, 2024, Rep. John Moolenaar (R-Mich.), chair of the House Select Committee on the Chinese Communist Party, introduced the Restoring Trade Fairness Act, seeking to suspend China’s Permanent Normal Trade Relations (“PNTR”) status.
Client Alert | 5 min read | 11.21.24
OFAC Issues Necessary and Long-Awaited Updated Guidance for (Re)Insurance Industry
Client Alert | 9 min read | 11.20.24
2024 GAO Bid Protest Report Shows Notable Decrease in Merit Decisions