The U.S. Food and Drug Administration typically determines what
information goes on the labels of medical drugs and devices, after
evaluating whether the product is safe and effective for the
proposed indication.
Drugmakers have long wanted to communicate supplementary information
that isn't on the label, but which concerns the cleared use of the
product. (http://bit.ly/2jz9dRh)
However, the FDA said it does not consider the supplementary
information that is consistent with the FDA-required labeling
guidelines alone to be evidence of a new intended use.
If a firm communicates information, including on promotional
material, that has not been evaluated by the regulator, but appears
to be FDA-ratified, then it could lead to misbranding, and could
subject firms to enforcement action if the representations or
suggestions are considered false or misleading.
To avert this, the FDA recommended on Wednesday that companies
disclose why the additional data is contextually relevant, and
divulge limitations related to the study design, methodology.
The guidance is available for comment for about three months, after
which the FDA will release its final determinations.
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As of March, Amarin Corp Plc could promote its fish-oil pill for
unapproved uses after the FDA decided not to appeal a judge's ruling
that the company has the right under the First Amendment to make
truthful and non-misleading statements about its products.
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(Reporting by Divya Grover in Bengaluru; Editing by Martina D'Couto)
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