fda warning letter response

8
Warning Letter Responses Tips on building the best response and what responses to avoid.

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FDA Attorney Marc Sanchez presents best practices in responding to a FDA Warning Letter. He outlines the basics of a US FDA warning letter, responses to avoid and how to build a strong response to Form 483s and Warning Letters.

TRANSCRIPT

Page 1: FDA Warning Letter Response

Warning Letter Responses

Tips on building the best response and what responses to avoid.

Page 2: FDA Warning Letter Response

What is a Warning LetterA Warning Letter is a formal notice of significant violations. Given its prominence and effect on industry it is commonly called the first enforcement tool used by

the US FDA.

First step in taking enforcement action.

Indicates a serious violation of statute or regulations

Only 15 days to respond.

A poor response can drag the process out.

A poor response can also lead to additional enforcement actions.

Page 3: FDA Warning Letter Response

Responses to AvoidAvoiding acting like a stooge. Don’t give the impression you don’t understand

the issues.

One of the most common responses

given.

Three StoogeResponse

Attributes

Hasty

Dismissive

Vague

General

The Remedy:Provide a specific response to each observation

detailing how it can be remedies. Be on time, but be thoughtful.

Page 4: FDA Warning Letter Response

Responses to AvoidAvoid an angry response. You waste precious time and risk a relationship with

the regulators when you fire off an rage-filled response.

One of the most difficult responses to

remediate.

Anger MgtResponse

Attributes

Free SpeechOther RightsAvoids ObservationsAttacks Agency

The Remedy:The FDA can work for you or against you. An angry response risks precious regulatory capital. Be cool,

calm, and specific. If there are legal challenges verify with an expert.

Page 5: FDA Warning Letter Response

Responses to AvoidDo you remember Urkel’s tag-line from the 90’s show Family Matters? “Did I do that?” Claim responsibility and pivot to how the issues are under control.

A leading contender for the most common

response.

The UrkelResponse

AttributesClaiming IgnoranceConfusion

Clueless About RegsNo Plan of Action

The Remedy:This response is given in the hopes the FDA will either take pity or provide a free-pass. Instead it gives the

Agency the impression the facility is out of control. An assertive and specific response is the best remedy.

Page 6: FDA Warning Letter Response

Tips on RespondingThere are a few basic steps you can follow if you decide to reply on your own.

Remember it almost every case it saves money to respond through counsel than fumble a Warning Letter response.

Be specific and address every issues

raised.

Address the Issues Develop a

plan of concrete steps to

remediate the issues.

Plan Ahead

Convey your plan and

timeframe to the Agency.

Communicate Determine

how often to provide

updates and stick to the schedule.

Stay in Touch

Page 7: FDA Warning Letter Response

Warning Letter StatisticsThe number of warning letters continues to grow each year. Consider only 673

warning letters were issued in 2010.

Total Warning Issues

Fiscal Year 2013

Where are all the other warning letters? The Center for Tobacco products received an astounding 6,052 warning letters. The surge in warning letters is likely over

confusion about e-cigarette regulations.

Food

Food and Dietary Supplements make up

this category.

Medical DeviceThe medical device industry received the 3rd highest number of warning letters

Drug and Vet ProductsEven combined these two categories don’t match food or medical device.

130

217

275

6760

Page 8: FDA Warning Letter Response

Thank [email protected]

404.895.4882

“I have never found a more powerful and effective counsel.”

CEO Nature’s Rite Remedies