BIO yesterday signed on to an amicus brief calling for the suspension of a federal District Court ruling that undercuts the FDA’s authority to bring treatments and cures to patients.
Why it matters: By circumventing a “longstanding statutory and regulatory framework,” the amicus brief warns, Friday’s ruling to block Food and Drug Administration (FDA) approval of mifepristone “would chill crucial research and development, undermine the viability of investments in this important sector, and wreak havoc on drug development.”
BIO’s Executive Committee unanimously agreed to join about 125 other signatories to the amicus brief, filed in the U.S. Court of Appeals for the Fifth Circuit.
The brief argues:
- The court, which lacks scientific or medical expertise, undermines the FDA’s ability to act on behalf of patients.
- The ruling is an assault on the importance of comparative safety data and would inhibit FDA’s broad acceptance of new data.
- The decision would create new regulatory barriers regarding approved labeling.
- BIO supports a balance between agency regulatory flexibility and judicial checks, but the ruling’s unprecedented obstacles “could upend crucial investment, research, and development in the biomedical field.”
BIO’s take: “We will continue to organize and mobilize America’s scientific community to challenge this unprecedented effort to undermine the FDA’s expertise and to ensure that patients have access to safe and effective medicines,” said BIO President and CEO Rachel King.
What’s next: The Justice Department asked the Fifth Circuit Appeals Court to suspend the ruling by tomorrow while it is appealed, The Washington Post reported. Without a suspension, access to the drug would be blocked on Friday.
Watch what Rachel King says: