FDA provides more details about its actions on Substantial Equivalence applications/reports

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Bill Godshall

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Here's today's e-mail from FDA's tobacco Products Center

This Week in CTP - Updates from the Center for tobacco Products

FDA is announcing that as of March 24, 2014, all "regular" Substantial Equivalence reports1entered into FDA review immediately. These reports are for products not currently on the market. FDA has cleared the queue for regular SE reports entering the review process and now plans to initiate evaluation of new regular SE reports upon receipt. As a result, FDA is no longer issuing notification letters to applicants informing them of when their regular SE review will begin. Instead, applicants should expect that complete regular SE reports will undergo immediate, substantive review.
FDA would like to remind regulated industry that for a final determination of substantial equivalence, it is the applicant’s responsibility to ensure each SE report contains all information necessary to support a substantial equivalence finding. Any decision related to an applicant’s SE report will be based upon the information contained in its report and therefore the report must contain all of the information required by law. If SE reports are incomplete, FDA can refuse to accept them. In that instance, if an applicant chooses to re-submit its regular SE report with complete information, FDA currently intends to begin immediate SE review.

FDA would also like to note that the review process has concluded for 23.6% of the 981 regular SE Reports that were received before March 31, 2014. A review process may conclude through either issuance of an SE order, NSE order, or withdrawal of the application. These actions mean that no further review is required by FDA and only those products that receive an SE order may be marketed in the United States. While the process has concluded for nearly a quarter of regular SE reports, our work is ongoing with the remaining reports and the agency intends to reach decisions as expeditiously as possible.

Above all, FDA is committed to making sound, public health-based scientific decisions on the marketing of new tobacco products.

For more information on substantial equivalence decisions, visit FDA’s Tobacco Product Marketing Orders webpage.


1 “Regular” reports are for products that did not enter the market between February 16, 2007 and March 21, 2011, and for which an SE report was not submitted by March 22, 2011.



FDA says its taken action on 23.6% of the 981 regular SE reports (i.e. those submitted since March 22, 2011), which would be 232 regular SE reports.

But according to the FDA's data at
Tobacco Product Marketing Orders
the agency has approved 17 SE reports, rejected 17 SE reports, and 247 SE reports were withdrawn.

So it appears that the FDA has rejected (or the companies withdrew) the vast majority of the regular SE reports (i.e. FDA has banned those products from being sold in the US) that the agency has acted upon.
 
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Talyon

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What I read is, any SE application that was in the Queue, is now banned and will not be reviewed however can be re submitted, by filling out the SE application properly and then will be given an immediate review, ergo FDA looks at it and interprets it filled out wrong without having to say what was incorrect or missing or let u know about it and can them simply crunch it up and toss in waste baker with no explanation.

The sender would then some how re submit time and time again, not knowing how they didn't comply?

Or the SE application is immediately accepted and the product can be sold legally, but until then u can sell it anyways?

Am I close?
 
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AgentAnia

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I guess I can't blame them for putting the best possible spin on the situation:

FDA would also like to note that the review process has concluded for 23.6% of the 981 regular SE Reports that were received before March 31, 2014.

But c'mon, the fact that "conclusion" was reached for the majority of those SE reports by applicants withdrawing them doesn't say anything praiseworthy about FDA.

Math isn't my strong point, but here's how I read their figures: Out of 981 SE reports, FDA has ACTED on 34 of them. (Those withdrawn by the applicants should not be included in what FDA counts as actions, IMO). This means that FDA has actually ACTED on 3.5% of existing applications. Of course, 3.5% doesn't sound as good as 23.6%, does it?
 

RosaJ

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I guess I can't blame them for putting the best possible spin on the situation:



But c'mon, the fact that "conclusion" was reached for the majority of those SE reports by applicants withdrawing them doesn't say anything praiseworthy about FDA.

Math isn't my strong point, but here's how I read their figures: Out of 981 SE reports, FDA has ACTED on 34 of them. (Those withdrawn by the applicants should not be included in what FDA counts as actions, IMO). This means that FDA has actually ACTED on 3.5% of existing applications. Of course, 3.5% doesn't sound as good as 23.6%, does it?

They're probably using "Common Core" math.
 
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