Food and Drug Administration: Difference between revisions

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{{Short description|United States federal agency}}
{{redirect|FDA}}
{{hatnote group|{{Redirect|FDA}}{{for|the department concerned with food production|United States Department of Agriculture}}{{other use}}}}
[[Image:Food_and_Drug_Administration_logo.svg|center|200px|FDA logo]]
{{Use American English|date=March 2019}}
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{{Use mdy dates|date=May 2025}}
The '''Food and Drug Administration''' ('''FDA''') is an agency of the [[United States Department of Health and Human Services]] and is responsible for regulating [[food]], [[dietary supplement]]s, [[Medication|drug]]s, [[Biopharmaceutical|biological medical products]], [[blood transfusion|blood products]], [[medical device]]s, radiation-emitting devices, veterinary products, and [[cosmetics]] in the United States.
{{cs1 config|name-list-style=vanc|display-authors=6}}
{{Infobox government agency
| name = Food and Drug Administration
| seal =
| logo = Food and Drug Administration icon 2016.svg
| logo_width = 180px
| formed = {{start date and age|1906|6|30}}<ref>{{cite web |url=https://www.fda.gov/AboutFDA/WhatWeDo/History/CentennialofFDA/default.htm |archive-url=https://web.archive.org/web/20160524231757/https://www.fda.gov/AboutFDA/WhatWeDo/History/CentennialofFDA/default.htm |archive-date=May 24, 2016 |title=FDA Centennial 1906–2006 |access-date=September 13, 2008 |publisher=Food and Drug Administration |language=en-US}}</ref>
| preceding1 = Food, Drug, and Insecticide Administration (July 1927 – July 1930)
| preceding2 = Bureau of Chemistry, [[USDA]] (July 1901 – July 1927)
| preceding3 = Division of Chemistry, USDA (established 1862)
| jurisdiction = [[Federal government of the United States]]
| headquarters = [[Silver Spring, Maryland]], U.S.
| coordinates = {{Wikidatacoord|Q204711|type:landmark_region:US-MD|display=inline,title}}
| employees = 18,000 (2022)<ref name="fy2022"/>
| budget = {{USD|6.5}}{{nbsp}}billion (2022)<ref name="fy2022">{{cite web |title=FY 2022 FDA Budget Request |url=https://www.fda.gov/media/149613/download |publisher=FDA |access-date=January 14, 2022 |archive-date=June 2, 2023 |archive-url=https://web.archive.org/web/20230602090805/https://www.fda.gov/media/149613/download |url-status=live }}</ref>
| chief1_name = [[Marty Makary]]
| chief1_position = [[Commissioner of Food and Drugs]]<ref>{{cite web | title=Martin A. Makary, M.D., M.P.H., Sworn in as FDA Commissioner | website=U.S. Food and Drug Administration | date=October 1, 2024 | url=https://www.fda.gov/news-events/press-announcements/martin-makary-md-mph-sworn-fda-commissioner | archive-url=https://web.archive.org/web/20250401165811/https://www.fda.gov/news-events/press-announcements/martin-makary-md-mph-sworn-fda-commissioner | url-status=dead | archive-date=April 1, 2025 | access-date=April 2, 2025}}</ref>
| chief2_name = [[Sara Brenner]]
| chief2_position = Principal Deputy Commissioner
| chief3_name =
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| chief6_name =
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| parent_department =
| parent_agency = [[United States Department of Health and Human Services|Department of Health and Human Services]]
| child1_agency = [[Center for Biologics Evaluation and Research]]
| child2_agency = [[Center for Devices and Radiological Health]]
| child3_agency = [[Center for Drug Evaluation and Research]]
| child4_agency = [[Center for Food Safety and Applied Nutrition]]
| child5_agency = [[Center for Tobacco Products]]
| child6_agency = [[Center for Veterinary Medicine]]
| child7_agency = [[National Center for Toxicological Research]]
| child8_agency = [[Office of Criminal Investigations]]
| child9_agency = [[Office of Regulatory Affairs]]
| website = {{official URL}}
}}
 
The United States '''Food and Drug Administration''' ('''FDA''' or '''US FDA''') is a [[List of United States federal agencies|federal agency]] of the [[United States Department of Health and Human Services|Department of Health and Human Services]]. The FDA is responsible for protecting and promoting [[public health]] through the control and supervision of [[food safety]], [[tobacco]] products, [[caffeine]] products, [[dietary supplement]]s, [[Prescription drug|prescription]] and [[Over-the-counter drug|over-the-counter]] [[pharmaceutical drug]]s (medications), [[vaccine]]s, [[biopharmaceutical]]s, [[blood transfusion]]s, [[medical device]]s, [[electromagnetic radiation]] emitting devices (ERED), cosmetics, [[Animal feed|animal foods & feed]]<ref>{{cite web |url=https://www.fda.gov/AnimalVeterinary/Products/AnimalFoodFeeds/default.htm |title=Animal Food & Feeds |publisher=Food and Drug Administration |access-date=March 14, 2015 |archive-date=March 22, 2015 |archive-url=https://web.archive.org/web/20150322105837/https://www.fda.gov/AnimalVeterinary/Products/AnimalFoodFeeds/default.htm |url-status=dead}}</ref> and [[Veterinary medicine|veterinary products]].
==Organization==
The FDA is an agency within the [[United States Department of Health and Human Services]].
 
The FDA's primary focus is enforcement of the [[Federal Food, Drug, and Cosmetic Act]] (FD&C). However, the agency also enforces other laws, notably Section 361 of the [[Public Health Service Act]] as well as associated regulations. Much of this regulatory-enforcement work is not directly related to food or drugs but involves other factors like regulating [[lasers]], [[cellular phones]], and [[condoms]]. In addition, the FDA takes control of diseases in the contexts varying from household pets to [[sperm donation|human sperm donated]] for use in [[assisted reproduction]].
Currently, the FDA is divided into eight major centers and offices:
 
The FDA is led by the [[commissioner of Food and Drugs|commissioner of food and drugs]], appointed by the president with the [[advice and consent]] of the [[United States Senate|Senate]]. The commissioner reports to the [[United States Secretary of Health and Human Services|secretary of health and human services]]. [[Marty Makary]] is the current commissioner.<ref>{{Cite web |last=Commissioner |first=Office of the |date=January 24, 2025 |title=Sara Brenner {{!}} FDA |url=https://www.fda.gov/about-fda/fda-organization/sara-brenner |archive-url=https://web.archive.org/web/20250127011150/https://www.fda.gov/about-fda/fda-organization/sara-brenner |url-status=dead |archive-date=January 27, 2025 |access-date=January 25, 2025 |website=www.fda.gov |language=en}}</ref>
* The [[Center for Food Safety and Applied Nutrition]] (CFSAN)
* The [[Center for Drug Evaluation and Research]] (CDER)
* The [[Center for Biologics Evaluation and Research]] (CBER)
* The [[Center for Devices and Radiological Health]] (CDRH)
* The [[Center for Veterinary Medicine]] (CVM)
* The [[National Center for Toxicological Research]] (NCTR)
* The Office of Regulatory Affairs (ORA)
* The Office of the Commissioner (OC)
 
The FDA's headquarters is located in the [[White Oak, Maryland|White Oak]] area of [[Silver Spring, Maryland]].<ref name="White Oak">{{cite web |url=https://www.fda.gov/AboutFDA/WorkingatFDA/BuildingsandFacilities/WhiteOakCampusInformation/ |title=White Oak Campus Information |publisher=Food and Drug Administration |date=February 9, 2011 |access-date=May 12, 2017 |archive-date=April 21, 2016 |archive-url=https://web.archive.org/web/20160421021526/http://www.fda.gov/AboutFDA/WorkingatFDA/BuildingsandFacilities/WhiteOakCampusInformation/ |url-status=dead}}</ref> The agency has 223 field offices and 13 [[laboratories]] located across the 50 states, the [[United States Virgin Islands]], and [[Puerto Rico]].<ref name=train>{{cite web |url=https://www.fda.gov/downloads/Training/ClinicalInvestigatorTrainingCourse/UCM283299.pdf |title=FDA Overview |access-date=August 30, 2012 |publisher=Food and Drug Administration |archive-date=November 1, 2013 |archive-url=https://web.archive.org/web/20131101113740/http://www.fda.gov/downloads/Training/ClinicalInvestigatorTrainingCourse/UCM283299.pdf |url-status=dead}}</ref> In 2008, the FDA began to post employees to foreign countries, including China, India, Costa Rica, Chile, Belgium, and the United Kingdom.<ref>{{cite web |url=http://test.fda.gov/ForConsumers/ConsumerUpdates/ucm185769.htm |title=FDA's International Posts: Improving the Safety of Imported Food and Medical Products |access-date=April 10, 2010 |publisher=Food and Drug Administration |archive-url=https://web.archive.org/web/20100810183402/http://test.fda.gov/ForConsumers/ConsumerUpdates/ucm185769.htm |archive-date=August 10, 2010}}</ref>
===Leadership===
The FDA is led by Commissioner [[Andrew von Eschenbach]], who was confirmed by the Senate on [[December 7]] [[2006]] after serving as Acting Commissioner for fourteen months. Von Eschenbach succeeded [[Lester Crawford]], who resigned on [[September 23]] [[2005]], just two months after his final Senate confirmation.
 
[[File:FDA Bldg 31 - Exterior (5161375422).jpg|thumb|upright|FDA Building 31 houses the [[Commissioner of Food and Drugs|Office of the Commissioner]] and the Office of Regulatory [[Department of Health and Human Services]].<ref>{{cite web |title=About the FDA Organization Charts |url=https://www.fda.gov/AboutFDA/CentersOffices/OrganizationCharts/ucm2006146.htm |access-date=July 19, 2015 |publisher=Food and Drug Administration |quote=FDA is an agency within the Department of Health and Human Services and consists of nine Centers and Offices, which are listed on the menu to the left. |date=August 29, 2014 |archive-date=July 22, 2015 |archive-url=https://web.archive.org/web/20150722064030/http://www.fda.gov/AboutFDA/CentersOffices/OrganizationCharts/ucm2006146.htm |url-status=dead}}</ref> The agency consists of fourteen Centers and Offices.{{NoteTag|The quoted text from the source indicates "9" but the actual count from the website indicates "14".}}|alt=]]
==Authorization and regulatory mandate==
As an [[administrative agency]] in the [[executive branch]] of the government of the [[United States of America]], the FDA derives all of its authority and jurisdiction from various acts of the [[United States Congress]]. The main source of the FDA's authority is the [[Federal Food, Drug, and Cosmetic Act]]. This act gave the FDA various responsibilities including the responsibility of ensuring that no adulterated or misbranded food, drug or medical devices enters into [[interstate commerce]].<ref> [http://www.fda.gov/opacom/laws/fdcact/fdcact3.htm FDCA Section 301 at FDA website] </ref>
 
==Organizational structure==
The FDA has the power to regulate a multitude of products in a manner that ensures the safety of the American public and the effectiveness of marketed food, medical, and cosmetic products. [[Regulation]]s may take several forms, including but not limited to outright ban, controlled distribution, and controlled marketing. Additionally, the FDA sets the standards under which individuals may be licensed to prescribe drugs or other medical devices. Regulatory enforcement is carried out by Consumer Safety Officers within the Office of Regulatory Affairs and criminal matters are handled by special agents within the [[Office of Criminal Investigations]] (OCI).
{{Tree list}}
* [[Department of Health and Human Services]]
** {{Tree list/final branch}}'''Food and Drug Administration'''
*** [[Commissioner of Food and Drugs|Office of the Commissioner]] (C)
**** Office of the Chief Counsel (OCC)
**** Office of the Executive Secretariat (OES)
**** Office of the Counselor to the Commissioner
**** {{Tree list/final branch}} Office of Digital Transformation (ODT)
*** [[Center for Biologics Evaluation and Research]] (CBER)
*** [[Center for Devices and Radiological Health]] (CDRH)
*** [[Center for Drug Evaluation and Research]] (CDER)
*** [[Center for Food Safety and Applied Nutrition]] (CFSAN)
*** [[Center for Tobacco Products]] (CTP)
*** [[Center for Veterinary Medicine]] (CVM)
*** Oncology Center of Excellence (OCE)
*** [[Office of Regulatory Affairs]] (ORA)
*** Office of Clinical Policy and Programs (OCPP)
*** Office of External Affairs (OEA)
*** Office of Food Policy and Response (OFPR)
*** Office of Minority Health and Health Equity (OMHHE)
*** Office of Operations (OO)
*** Office of Policy, Legislation, and International Affairs (OPLIA)
*** Office of the Chief Scientist (OCS)
**** {{Tree list/final branch}}[[National Center for Toxicological Research]] (NCTR)
*** Office of Women's Health (OWH)
{{Tree list/end}}
 
==Location==
===Regulation of food and dietary supplements===
[[File:FDA Building 66 - CDRH (5160772175).jpg|thumb|FDA Building 66 houses the [[FDA Center for Devices and Radiological Health|Center for Devices and Radiological Health]].|alt=]]
The [[Center for Food Safety and Applied Nutrition]] is the branch of the FDA which is responsible for ensuring the safety and accurate labeling of nearly all food products in the United States.<ref>http://www.cfsan.fda.gov/~lrd/cfsan4.html Overview of the Center for Food Safety and Applied Nutrition</ref> One exception is products derived from traditional domesticated animals, such as cattle and chickens, which fall under the jurisdiction of the [[United States Department of Agriculture]] [[Food Safety and Inspection Service]]. Products which contain minimal amounts of meat are regulated by FDA, and the exact boundaries are listed in a memorandum of understanding between the two agencies. However, medicines and other products given to all domesticated animals are regulated by FDA through a different branch, the [[Center for Veterinary Medicine]]. Other consumables which are not regulated by the FDA include beverages containing more than 7% alcohol (regulated by the [[Bureau of Alcohol, Tobacco, and Firearms]] in the [[U.S. Department of the Treasury]]), and non-bottled drinking water (regulated by the [[Environmental Protection Agency]]).
 
=== [[Headquarters]] ===
The [[Dietary Supplement Health and Education Act]] of 1994 mandated that the FDA regulate [[dietary supplement]]s as foods, rather than as drugs. Therefore, dietary supplements are not subject to safety and efficacy testing prior to approval, and the FDA can take action against dietary supplements only after they are proven to be unsafe. However, the manufacturers of dietary supplements are permitted to make specific claims of health benefits, referred to as "structure or function claims" on the labels of these products. They may not claim to treat, diagnose, cure, or prevent disease.<ref name="dshea text">[http://www.fda.gov/opacom/laws/dshea.html Text of the Dietary Supplement Health and Education Act of 1994]. Accessed 5 Feb 2007.</ref>
FDA headquarters facilities are currently located in [[Montgomery County, Maryland|Montgomery County]] and [[Prince George's County, Maryland|Prince George's County]], Maryland.<ref>{{Cite web |date=April 27, 2020 |title=Buildings and Facilities |url=https://www.fda.gov/about-fda/jobs-and-training-fda/buildings-and-facilities |access-date=October 3, 2020 |website=U.S. Food and Drug Administration |language=en |archive-date=April 21, 2020 |archive-url=https://web.archive.org/web/20200421020851/https://www.fda.gov/about-fda/jobs-and-training-fda/buildings-and-facilities |url-status=dead}}</ref>
 
=== White Oak Federal Research Center ===
Bottled water is regulated in America by the FDA.<ref>[http://a257.g.akamaitech.net/7/257/2422/04nov20031500/edocket.access.gpo.gov/cfr_2001/aprqtr/pdf/21cfr165.110.pdf] Title 21 of the Code of Federal regulations</ref> State governments also regulate bottled water. Tap water is regulated by state and local regulations, as well as the United States [[EPA]]. FDA regulations of bottled water generally follow the guidelines established by the EPA, and new EPA rules automatically apply to bottled water if the FDA does not release an explicit new rule.<ref>http://www.dwrf.info/documents/recent_dev_bw_quality.pdf</ref>
Since 1990, the FDA has had employees and facilities on {{Convert|130|acre|ha|abbr=off}} of the White Oak Federal Research Center in the [[White Oak, Maryland|White Oak]] area of [[Silver Spring, Maryland]].<ref name="White Oak" /><ref name="coordinates">Coordinates of FDA Headquarters at White Oak, Maryland: {{coord|39.0353363|-76.9830894|region:US-MD_type:landmark|format=dms|name=FDA Headquarters at White Oak, Maryland}}</ref> In 2001, the [[General Services Administration]] (GSA) began new construction on the campus to consolidate the FDA's 25 existing operations in the [[Washington metropolitan area]], its headquarters in [[Rockville, Maryland|Rockville]], and several fragmented office buildings. The first building, the Life Sciences Laboratory, was dedicated and opened with 104 employees in December 2003. {{as of|December 2018|post=,}} the FDA campus has a population of 10,987 employees housed in approximately {{Convert|3800000|sqft|m2|abbr=off}} of space, divided into ten offices and four laboratory buildings. The campus houses the [[Commissioner of the Food and Drug Administration|Office of the Commissioner]] (OC), the Office of Regulatory Affairs (ORA),&nbsp; the [[Center for Drug Evaluation and Research]] (CDER), the [[FDA Center for Devices and Radiological Health|Center for Devices and Radiological Health]] (CDRH), the [[Center for Biologics Evaluation and Research]] (CBER) and offices for the [[Center for Veterinary Medicine]] (CVM).<ref name="White Oak"/>
Water bottlers in America must make their facilities available to yearly compliance checks by FDA officials, to document that required protocols are followed. Regulated water quality control in the bottled water industry is not nearly as publicly accountable or transparent as municipal water works, due to the emphasis on drug regulation in the FDA budget.
 
With the passing of the FDA Reauthorization Act of 2017, the FDA projects a 64% increase in employees to 18,000 over the next 15 years and wants to add approximately {{Convert|1600000|sqft|m2|abbr=off}} of office and special use space to their existing facilities. The [[National Capital Planning Commission]] approved a new master plan for this expansion in December 2018,<ref>{{Cite web |title=FDA White Oak Master Plan |url=https://www.ncpc.gov/projects/MP201/ |access-date=October 3, 2020 |website=National Capital Planning Commission |language=en |archive-date=October 9, 2020 |archive-url=https://web.archive.org/web/20201009032259/https://www.ncpc.gov/projects/MP201/ |url-status=live}}</ref> and construction is expected to be completed by 2035, dependent on GSA appropriations.<ref>{{cite journal |url=https://www.fda.gov/AboutFDA/WorkingatFDA/BuildingsandFacilities/WhiteOakCampusInformation/ucm057328.htm |title=White Oak Campus Project Schedule |journal=FDA |date=October 8, 2015 |access-date=December 16, 2019 |archive-date=April 23, 2019 |archive-url=https://web.archive.org/web/20190423052101/https://www.fda.gov/AboutFDA/WorkingatFDA/BuildingsandFacilities/WhiteOakCampusInformation/ucm057328.htm |url-status=dead}}</ref>
===Regulation of cosmetics===
Cosmetics are regulated by the [[Center for Food Safety and Applied Nutrition]], the same branch of the FDA that regulates food. Cosmetic products are not generally subject to pre-market approval by the FDA. However, all color additives must be specifically approved by the FDA before they can be included in cosmetic products sold in the U.S. The labeling of cosmetics is regulated by the FDA, and cosmetics which have not been subjected to thorough safety testing must bear a warning to that effect.
 
===RegulationField of drugslocations===
[[File:Toxicology Research at FDA (NCTR Campus) (6023336064).jpg|thumb|upright=1.8|The Arkansas Laboratory in [[Jefferson, Jefferson County, Arkansas|Jefferson, Arkansas]] is the headquarters of the National Center for Toxicological Research.]]
The [[Center for Drug Evaluation and Research]] is the branch of the FDA responsible for ensuring the safety and efficacy of new prescription and over-the-counter drugs, overseeing the labeling and marketing of drugs, and regulating the manufacturing and packaging of drugs.<ref>http://www.fda.gov/cder/regulatory/applications/default.htm</ref> The FDA defines a drug as safe and effective for a specific indication if the clinical benefits to the patient are felt to outweigh any health risks the drug might pose. Once a drug has been approved for use, physicians may prescribe it for any indication, referred to as "off label use" and are not restricted to the indications approved by the FDA. The drug may not be marketed for any use other than FDA-approved indications.
 
====The drugOffice approvalof Regulatory Affairs process====
The [[Office of Regulatory Affairs]] is considered the agency's "eyes and ears", conducting the vast majority of the FDA's work in the field.<ref>{{Cite web |title=Key FDA Policies for Medical Device Manufacturer Inspections |url=https://www.nsf.org/knowledge-library/key-fda-policies-procedures-practices-before-during-after-medical-device-manufacturer-inspections |access-date=January 2, 2025 |website=www.nsf.org |language=en}}</ref> Its employees, known as Consumer Safety Officers, or more commonly known simply as investigators, inspect production, warehousing facilities, investigate complaints, illnesses, or outbreaks, and review documentation in the case of medical devices, drugs, biological products, and other items where it may be difficult to conduct a physical examination or take a physical sample of the product. The Office of Regulatory Affairs is divided into five regions, which are further divided into 20 districts. The districts are based roughly on the geographic divisions of the [[United States federal court system|Federal court system]]. Each district comprises a main district office and a number of Resident Posts, which are FDA remote offices that serve a particular geographic area. ORA also includes the Agency's network of regulatory laboratories, which analyze any physical samples taken. Though samples are usually food-related, some laboratories are equipped to analyze drugs, cosmetics, and radiation-emitting devices.
The FDA does not directly test the drugs it regulates. Instead, it is the responsibility of the company seeking to bring a new drug to market, the drug's "sponsor", to submit information to the FDA proving that a new drug is safe and effective. Initially, a U.S.-based researcher or sponsoring company submits an "investigational new drug" (IND) application to the FDA, which includes pre-clinical data about the drug. Approval of this application allows the drug to be shipped across state lines for [[clinical trials]]. Once the sponsor has conducted sufficient trials to demonstrate the safety and efficacy of the drug, they submit that information, along with information on manufacturing specifications, drug stability and bioavailablility, and suggested packaging and labeling, as a "new drug application" (NDA) to the FDA. The NDA is then reviewed by teams of FDA employees, including physicians, statisticians, chemists, pharmacologists, and other scientists who assess the validity of the sponsor's claims. FDA inspectors also examine the facilities in which the sponsor intends to manufacture the drug.
 
==== Office of Criminal Investigations ====
The NDA review process is complex, but there are three general outcomes for most drugs after the initial review. First, the FDA may accept the sponsor's application in its entirety and approve the drug for marketing in the U.S. Second, a drug may be declared "approvable," meaning that minor concerns must be worked out between the FDA and the sponsor prior to full approval. For example, the sponsor may be required to provide additional information, or change the proposed labelling of the drug. The FDA may also make approval contingent on an agreement by the manufacturer to conduct specific post-approval studies. Finally, a drug can be declared "not approvable", meaning that the FDA reviewers did not agree that the submitted studies were sufficient to prove the drug's safety and efficacy.
[[File:US Food and Drug Administration Office 20180930.jpg|thumb|Jamaica, Queens, New York Regional Office - USFDA]]
The [[Office of Criminal Investigations]] was established in 1991 to investigate criminal cases. To do so, OCI employs approximately 200 Special Agents nationwide who, unlike ORA Investigators, are armed, have badges, and do not focus on technical aspects of the regulated industries. Rather, OCI agents pursue and develop cases when individuals and companies commit criminal actions, such as fraudulent claims or knowingly and willfully shipping known adulterated goods in interstate commerce. In many cases, OCI pursues cases involving violations of [[Title 18 of the United States Code]] (e.g., conspiracy, false statements, wire fraud, mail fraud), in addition to prohibited acts as defined in Chapter III of the FD&C Act. OCI Special Agents often come from other criminal investigations backgrounds, and frequently work closely with the [[Federal Bureau of Investigation]], [[United States Assistant Attorney General|Assistant Attorney General]], and even [[Interpol]]. OCI receives cases from a variety of sources—including ORA, local agencies, and the [[Federal Bureau of Investigation|FBI]], and works with ORA Investigators to help develop the technical and science-based aspects of a case.<ref>{{Cite journal | author = Office of Regulatory Affairs |date=October 7, 2021 |title=About OCI |url=https://www.fda.gov/inspections-compliance-enforcement-and-criminal-investigations/criminal-investigations/about-oci |journal=FDA |language=en |access-date=January 14, 2023 |archive-date=January 14, 2023 |archive-url=https://web.archive.org/web/20230114025654/https://www.fda.gov/inspections-compliance-enforcement-and-criminal-investigations/criminal-investigations/about-oci |url-status=dead }}</ref>
 
==== Other locations ====
====The Prescription Drug User Fee Amendment Program====
The FDA has a number of field offices across the United States, in addition to international locations in China, India, Europe, the Middle East, and Latin America.<ref>{{cite web |author=<!--Not stated--> |date=May 21, 2020 |title=Buildings and Facilities |url=https://www.fda.gov/about-fda/jobs-and-training-fda/buildings-and-facilities |url-status=live |archive-url=https://web.archive.org/web/20200421020851/https://www.fda.gov/about-fda/jobs-and-training-fda/buildings-and-facilities |archive-date=April 21, 2020 |access-date=May 20, 2020 | publisher = U.S. Food and Drug Administration |language=en}}</ref>
The Prescription Drug User Fee Amendments ([[PDUFA]]) program, established in 1993, allows the FDA to collect fees from drug companies in connection with certain IND and NDA submissions. In 2007, the FDA is expected to collect $259,300,000 in industry user fees.<ref>[http://www.fda.gov/oc/pdufa/default.htm] Information about the PDUFA program is publicly available</ref>
The user fees were intended to allow the FDA to add staff and improve the speed of drug approvals, although the effects of this arrangement on the approval process and on FDA impartiality are controversial (see [[Food and Drug Administration#Criticism|Criticism]]).
 
==Scope and funding==
====Accelerated approval processes====
As of 2021, the FDA had responsibility for overseeing $2.7 trillion in food, medical, and tobacco products.<ref name=2021faqs/> Some 54% of its budget derives from the federal government, and 46% is covered by industry user fees for FDA services.<ref name="2021faqs">{{Cite web |publisher=US Food and Drug Administration |date=November 26, 2021 |title=Fact Sheet: FDA at a Glance |url=https://www.fda.gov/economics-staff/fda-glance |access-date=February 21, 2022 |archive-date=February 24, 2022 |archive-url=https://web.archive.org/web/20220224041029/https://www.fda.gov/about-fda/fda-basics/fact-sheet-fda-glance |url-status=live }}</ref> For example, [[Pharmaceutical industry|pharmaceutical firms]] pay fees to expedite drug reviews.<ref name=2021faqs/>
The traditional FDA approval process requires that a drug's sponsor prove clinical efficacy of a drug. Because studies showing clear clinical outcomes may take a long time to conduct, the FDA has a special approval track for potentially lifesaving drugs directed at diseases for which satisfactory treatments are lacking. In this track, a drug may receive approval based on its effect on "surrogate markers". For example, a new medication for highly drug-resistant [[HIV]] might be approved on the accelerated track if, in short-term trials, it was shown to decrease [[HIV]] [[viral load]] and increase serum [[CD4 T-cell]] counts in [[AIDS]] patients, without causing major adverse effects. Under the traditional process, the sponsor would have to show that the drug prevented hospitalizations or saved lives in large, long-term, [[randomized trial]]s comparing the new drug to older ones.
 
According to [[Forbes]], pharmaceutical firms provide 75% of the FDA's drug review budget.<ref>{{Cite news |date=September 15, 2022 |title=F.D.A.'s Drug Industry Fees Fuel Concerns Over Influence |url=https://www.nytimes.com/2022/09/15/health/fda-drug-industry-fees.html |work=NY Times}}</ref><ref>{{Cite web | vauthors = LaMattina J |date=June 28, 2018 |title=The Biopharmaceutical Industry Provides 75% Of The FDA's Drug Review Budget. Is This A Problem? |url=https://www.forbes.com/sites/johnlamattina/2018/06/28/the-biopharmaceutical-industry-provides-75-of-the-fdas-drug-review-budget-is-this-a-problem/ |url-status=live |archive-url=https://archive.today/20230103040036/https://www.forbes.com/sites/johnlamattina/2018/06/28/the-biopharmaceutical-industry-provides-75-of-the-fdas-drug-review-budget-is-this-a-problem/?sh=717a057449ec |archive-date=January 3, 2023 |access-date=January 3, 2023 |website=[[Forbes]] |language=en}}</ref>
Following passage of the [[Drug Price Competition and Patent Term Restoration Act]] of 1984, the FDA established an abbreviated approval process for manufacturers who wish to produce generic versions of off-patent, previously approved drugs. [[Generic drug]] manufacturers are only required to show that the active ingredient in their version of a drug is chemically identical to that of the previously approved drug, that its formulation shows [[bioequivalence]] to the previously approved formulation in small human trials, and that the manufacturing, packaging, and labeling of the drug meet FDA standards. There is currently no abbreviated process for approving generic "biologic" agents, such as vaccines or antibody-based drugs.
 
==Regulatory programs==
====Regulation of tobacco as a drug====
===Emergency approvals (EUA)===
In the 1990s, while under the leadership of former Commissioner [[David Aaron Kessler]], the FDA attempted to regulate tobacco as a pharmaceutical. The courts determined in [[FDA v. Brown & Williamson Tobacco Corp.]] that the FDA did not have Congressional authority to regulate tobacco.
 
Emergency Use Authorization (EUA) is a mechanism that was created to facilitate the availability and use of medical countermeasures, including vaccines and personal protective equipment, during public health emergencies such as the Zika virus epidemic, the Ebola virus epidemic and the COVID-19 pandemic.<ref>{{Cite journal | author = Office of the Commissioner |date=August 31, 2021 |title=Emergency Use Authorization--Archived Information |url=https://www.fda.gov/emergency-preparedness-and-response/mcm-legal-regulatory-and-policy-framework/emergency-use-authorization-archived-information |journal=FDA |language=en |access-date=September 10, 2021 |archive-date=June 15, 2020 |archive-url=https://web.archive.org/web/20200615170705/https://www.fda.gov/emergency-preparedness-and-response/mcm-legal-regulatory-and-policy-framework/emergency-use-authorization-archived-information |url-status=dead }}</ref>
===Regulation of biologics and blood products===
The [[Center for Biologics Evaluation and Research]] is the branch of the FDA responsible for ensuring the safety and efficacy of biological therapeutic agents.<ref>http://www.fda.gov/cber/about.htm</ref> These include blood and blood products, vaccines, allergenics, protein-based therapeutic agents, cell and tissue-based products, and gene therapy products. New biologics are required to go through a pre-market approval process similar to that for drugs. The original authority for government regulation of biological products was established by the 1902 Biologics Control Act, with additional authority established by the 1944 Public Health Service Act. Along with these Acts, the Federal Food, Drug and Cosmetic Act applies to all biologic products as well. Originally, the entity responsible for regulation of biological products resided under the National Institutes of Health; this authority was transferred to the FDA in 1972.
 
===Regulations===
===Regulation of medical devices and radiation-emitting devices===
The programs for safety regulation vary widely by the type of product, its potential risks, and the regulatory powers granted to the agency. For example, the FDA regulates almost every facet of prescription drugs, including testing, manufacturing, labeling, advertising, marketing, efficacy, and safety—yet FDA regulation of cosmetics focuses primarily on labeling and safety. The FDA regulates most products with a set of published standards enforced by a modest number of facility inspections. Inspection observations are documented on [[Form 483]].<ref>{{Cite journal |date=November 21, 2022 |title=Inspection Observations |url=https://www.fda.gov/inspections-compliance-enforcement-and-criminal-investigations/inspection-references/inspection-observations |journal=Fda.gov |language=en |access-date=January 14, 2023 |archive-date=January 14, 2023 |archive-url=https://web.archive.org/web/20230114025900/https://www.fda.gov/inspections-compliance-enforcement-and-criminal-investigations/inspection-references/inspection-observations |url-status=dead }}</ref>
The [[Center for Devices and Radiological Health]] (CDRH) is the branch of the FDA responsible for the premarket approval of all medical devices, as well as overseeing the manufacturing, performance and safety of these devices.<ref>http://www.fda.gov/cdrh/radhealth/initiative/rhprogram.pdf 2005 report of the CDRH Radiological Health Program Core Group</ref> The definition of a medical device is given in the FD&C Act, and it includes products from the simple [[toothbrush]] to complex devices such as implantable [[pacemaker]]s. The CDRH also oversees the safety performance of non-medical devices which emit certain types of [[electromagnetic radiation]]. Examples of CDRH-regulated devices include [[cellular phones]], airport baggage screening equipment, television receivers, microwave ovens, tanning booths, and laser products.
 
In June 2018, the FDA released a statement regarding new guidelines to help food and drug manufacturers "implement protections against potential attacks on the U.S. food supply".<ref>{{cite press release |url=https://www.fda.gov/NewsEvents/Newsroom/PressAnnouncements/ucm611177.htm |title=Statement from FDA Commissioner Scott Gottlieb, M.D., on new guidance to help manufacturers implement protections against potential attacks on the U.S. food supply |publisher=Food and Drug Administration | vauthors = Gottlieb S |date=June 19, 2018 |access-date=June 20, 2018 |archive-date=July 24, 2018 |archive-url=https://web.archive.org/web/20180724202237/https://www.fda.gov/NewsEvents/Newsroom/PressAnnouncements/ucm611177.htm |url-status=dead}}</ref> One of the guidelines includes the Intentional Adulteration (IA) rule, which requires strategies and procedures by the food industry to reduce the risk of compromise in facilities and processes that are significantly vulnerable.<ref>{{Cite web |title=Federal Register :: Request Access |url=https://unblock.federalregister.gov/ |access-date=January 14, 2023 |website=unblock.federalregister.gov |archive-date=June 5, 2023 |archive-url=https://web.archive.org/web/20230605020052/https://unblock.federalregister.gov/ |url-status=live }}</ref><ref>{{Cite journal | author = Center for Food Safety and Applied Nutrition |date=September 9, 2020 |title=Full Text of the Food Safety Modernization Act (FSMA) |url=https://www.fda.gov/food/food-safety-modernization-act-fsma/full-text-food-safety-modernization-act-fsma |journal=FDA |language=en |access-date=January 14, 2023 |archive-date=September 12, 2018 |archive-url=https://web.archive.org/web/20180912032805/https://www.fda.gov/Food/GuidanceRegulation/FSMA/ucm247548.htm |url-status=dead }}</ref>
CDRH regulatory powers include the authority to require certain technical reports from the manufacturers or importers of regulated products, to require that radiation-emitting products meet mandatory safety performance standards, to declare regulated products defective, and to order the recall of defective or noncompliant products. The CDRH also conducts limited amounts of direct product testing.
 
The FDA also uses tactics of regulatory shaming,<ref>{{Cite journal | vauthors = Yadin S |date=2019 |title=Regulatory Shaming |journal=Environmental Law (Lewis & Clark) |volume=49 |page=41 |ssrn=3290017}}</ref> mainly through online publication of non-compliance, warning letters, and "shaming lists." Regulation by shaming harnesses firms' sensitivity to reputational damage. For example, in 2018, the agency published an online "black list", in which it named dozens of branded drug companies that are supposedly using unlawful or unethical means to attempt to impede competition from [[generic drug]] companies.<ref>{{Cite journal | vauthors = Yadin S |date=2019 |title=Shaming Big Pharma |url=http://yalejreg.com/shaming-big-pharma/ |journal=Yale Journal on Regulation Bulletin |volume=36 |page=17 |access-date=May 18, 2019 |archive-date=May 18, 2019 |archive-url=https://web.archive.org/web/20190518100524/http://yalejreg.com/shaming-big-pharma/ |url-status=live}}</ref>
===Regulation of veterinary products===
The [[Center for Veterinary Medicine]] is the branch of the FDA which regulates food additives and drugs that are given to animals, including agricultural animals and pets.
 
The FDA frequently works with other federal agencies, including the [[United States Department of Agriculture|Department of Agriculture]], the [[Drug Enforcement Administration]], [[U.S. Customs and Border Protection|Customs and Border Protection]], and the [[U.S. Consumer Product Safety Commission|Consumer Product Safety Commission]]. They also often work with local and state government agencies in performing regulatory inspections and enforcement actions.<ref>{{Cite journal |date=October 7, 2022 |title=What does FDA regulate? |url=https://www.fda.gov/about-fda/fda-basics/what-does-fda-regulate |journal=FDA |language=en |access-date=January 14, 2023 |archive-date=January 14, 2023 |archive-url=https://web.archive.org/web/20230114030432/https://www.fda.gov/about-fda/fda-basics/what-does-fda-regulate |url-status=dead }}</ref>
===Enabling legislation===
 
* 1902 — [[Biologics Control Act]]
* 1906 — [[Pure ===Food and Drugdietary Act]]supplements===
{{Main|Regulation of food and dietary supplements by the U.S. Food and Drug Administration}}
* 1938 — [[Federal Food, Drug, and Cosmetic Act]]
The regulation of food and dietary supplements by the Food and Drug Administration is governed by various statutes enacted by the [[United States Congress]] and interpreted by the FDA. Pursuant to the [[Federal Food, Drug, and Cosmetic Act]] and accompanying legislation, the FDA has authority to oversee the quality of substances sold as food in the United States, and to monitor claims made in the [[Packaging and labeling|labeling]] of both the composition and the health benefits of foods.
* 1944 — [[Public Health Service Act]]
 
* 1951 — [[Food, Drug, and Cosmetics Act Amendments]] PL 82–215
The FDA subdivides substances that it regulates as food into various categories—including foods, [[food additive]]s, added substances (human-made substances that are not intentionally introduced into food, but nevertheless end up in it), and [[dietary supplements]]. Dietary supplements or dietary ingredients include vitamins, minerals, herbs, [[amino acid]]s, and [[enzyme]]s.<ref>{{Cite web |url=http://www.fda.gov/food/dietary-supplements/dietary-supplement-products-ingredients |title=Dietary Supplement Products & Ingredients | author = Center for Food Safety and Applied Nutrition |date=March 17, 2020 | publisher = U.S. Food and Drug Administration |language=en |access-date=April 2, 2020 |archive-date=May 28, 2020 |archive-url=https://web.archive.org/web/20200528034323/https://www.fda.gov/food/dietary-supplements/dietary-supplement-products-ingredients |url-status=dead}}</ref> Specific standards the FDA exercises differ from one category to the next. Furthermore, legislation had granted the FDA a variety of means to address violations of standards for a given substance category.
* 1953 — [[Flammable Fabrics Act]] PL 83–88
 
* 1960 — [[Federal Hazardous Substances Labeling Act]] PL 86–613
Under the [[Dietary Supplement Health and Education Act of 1994]] (DSHEA), the FDA is responsible for ensuring that manufacturers and distributors of dietary supplements and dietary ingredients meet the current requirements. These manufacturers and distributors are not allowed to advertise their products in an adulterated way, and they are responsible for evaluating the safety and labeling of their product.<ref>{{Cite web |url=http://www.fda.gov/food/dietary-supplements |title=Dietary Supplements | work = Center for Food Safety and Applied Nutrition |date=February 4, 2020 | publisher = U.S Food and Drug Administration |language=en |access-date=April 2, 2020 |archive-date=April 3, 2020 |archive-url=https://web.archive.org/web/20200403035844/https://www.fda.gov/food/dietary-supplements |url-status=dead}}</ref>
* 1962 — [[Food, Drug, and Cosmetics Act Amendments]] PL 87–781
 
* 1965 — [[Federal Cigarette Labeling and Advertising Act]] PL 89–92
The FDA has a "Dietary Supplement Ingredient Advisory List" that includes ingredients that sometimes appear on dietary supplements but need further evaluation.<ref>{{cite web |title=Dietary Supplement Ingredient Advisory List |publisher=U.S. Food & Drug Administration |url=https://www.fda.gov/food/dietary-supplement-products-ingredients/dietary-supplement-ingredient-advisory-list |access-date=May 10, 2020 |archive-date=September 25, 2020 |archive-url=https://web.archive.org/web/20200925213510/https://www.fda.gov/food/dietary-supplement-products-ingredients/dietary-supplement-ingredient-advisory-list |url-status=dead}}</ref> An ingredient is added to this list when it is excluded from use in a dietary supplement, does not appear to be an approved food additive or recognized as safe, and/or is subjected to the requirement for pre-market notification without having a satisfied requirement.<ref>{{Cite web | work = Center for Food Safety and Applied Nutrition |date=December 20, 2019 |title=Dietary Supplement Ingredient Advisory List |url=http://www.fda.gov/food/dietary-supplement-products-ingredients/dietary-supplement-ingredient-advisory-list | publisher = U.S. Food and Drug Administration |language=en |access-date=April 2, 2020 |archive-date=April 16, 2020 |archive-url=https://web.archive.org/web/20200416023320/https://www.fda.gov/food/dietary-supplement-products-ingredients/dietary-supplement-ingredient-advisory-list |url-status=dead}}</ref>
* 1966 — [[Fair Packaging and Labeling Act]] PL 89–755
 
* 1966 — [[Child Protection Act]] PL 89–756
===="FDA-Approved" vs. "FDA-Accepted in Food Processing"====
* 1970 — [[Federal Cigarette Labeling and Advertising Act Amendments]] PL 91–222
The FDA does not approve applied coatings used in the [[food processing industry]].<ref>{{cite web | url = http://www.decc.com/fda-acceptable-vs-fda-approved.php | title = FDA Approved Coatings vs. FDA Acceptable Coatings | work = DECC Company | archive-url = https://web.archive.org/web/20130911093254/http://www.decc.com/fda-acceptable-vs-fda-approved.php | archive-date=September 11, 2013 | access-date = October 23, 2013 }}</ref> There is no review process to approve the composition of nonstick coatings; nor does the FDA inspect or test these materials. Through their governing of processes, however, the FDA does have a set of regulations that cover the formulation, manufacturing, and use of nonstick coatings. Hence, materials like [[Polytetrafluoroethylene]] (Teflon) are not and cannot be considered as FDA Approved, but rather, they are a "FDA Compliant" or "FDA Acceptable".
* 1972 — [[Consumer Products Safety Act]] PL 92–573
 
* 1976 — [[Medical Device Regulation Act]] PL 94–295
===Medical countermeasures (MCMs)===
* 1986 — [[Comprehensive Smokeless Tobacco Health Education Act]] PL 99–252
{{Further|Biosecurity|Bioterrorism|Biosecurity in the United States}}
* 1988 — [[Anti–drug Abuse Act]] PL 100–690
Medical countermeasures (MCMs) are products such as [[biologics]] and [[pharmaceutical drug]]s that can protect from or treat the health effects of a chemical, biological, radiological, or nuclear (CBRN) attack. MCMs can also be used for prevention and diagnosis of symptoms associated with CBRN attacks or threats.<ref name="fdamcm">{{cite web |title=What are Medical Countermeasures? |url=https://www.fda.gov/EmergencyPreparedness/Counterterrorism/MedicalCountermeasures/AboutMCMi/ucm431268.htm | publisher = U.S. Food and Drug Administ ration: Emergency Preparedness and Response |access-date=June 15, 2016 |archive-date=April 22, 2019 |archive-url=https://web.archive.org/web/20190422171542/https://www.fda.gov/EmergencyPreparedness/Counterterrorism/MedicalCountermeasures/AboutMCMi/ucm431268.htm |url-status=dead}}</ref> The FDA runs a program called the "FDA Medical Countermeasures Initiative" (MCMi), with programs funded by the federal government. It helps support "partner" agencies and organisations prepare for [[Public health emergency (United States)|public health emergencies]] that could require MCMs.<ref name="fdamcm" /><ref>{{cite news |title=Alliance for Biosecurity applauds subcommittee efforts to sustain medical countermeasure funding |url=https://homelandprepnews.com/biological-threats/bioterrorism/18984-alliance-biosecurity-applauds-subcommittee-efforts-sustain-medical-countermeasure-funding/ |access-date=June 15, 2016 |work=Homeland Preparedness News |date=June 8, 2016 |___location=Washington, D.C. |archive-date=January 28, 2021 |archive-url=https://web.archive.org/web/20210128183519/https://homelandprepnews.com/stories/18984-alliance-biosecurity-applauds-subcommittee-efforts-sustain-medical-countermeasure-funding/ |url-status=live}}</ref>
* 1990 — [[Nutrition Labeling and Education Act]] PL 101–535
 
* 1992 — [[Prescription Drug User Fee Act]] PL 102–571
===Medications===
* 1997 — [[Food and Drug Modernization Act]] 105-115
[[File:FDA Bldg 51 - Main Entrance (5161374834).jpg|thumb|FDA Building 51 houses the [[Center for Drug Evaluation and Research]].|alt=]]
* 2002 — [[Bioterrorism Act]] 107-188
 
* 2002 — [[Medical Device User Fee and Modernization Act]] (MDUFMA) PL 107-250
The [[Center for Drug Evaluation and Research]] uses different requirements for the three main drug product types: new drugs, generic drugs, and over-the-counter drugs. A drug is considered "new" if it is made by a different manufacturer, uses different [[excipient]]s or inactive ingredients, is used for a different purpose, or undergoes any substantial change. The most rigorous requirements apply to ''new molecular entities'': drugs that are not based on existing medications.<ref>{{Cite web |date=June 21, 2022 |title=Center for Drug Evaluation and Research {{!}} CDER |url=https://www.fda.gov/about-fda/fda-organization/center-drug-evaluation-and-research-cder |access-date=January 14, 2023 | publisher = U.S. Food and Drug Administ ration |language=en |archive-date=January 14, 2023 |archive-url=https://web.archive.org/web/20230114030540/https://www.fda.gov/about-fda/fda-organization/center-drug-evaluation-and-research-cder |url-status=live }}</ref>
* 2002 — [[Best Pharmaceuticals for Children Act]] PL 107-109
 
* 2003 — [[Animal Drug User Fee Act]] PL 108-130
====New medications====
* 2003 — [[Pediatrict Research Equity Act]] PL 108-155
{{more citations needed section|date=August 2019}}
* 2004 — [[Project BioShield Act]] 108-276
New drugs receive extensive scrutiny before FDA approval in a process called a [[new drug application]] (NDA).<ref>{{cite web |url=https://www.fda.gov/Drugs/DevelopmentApprovalProcess/HowDrugsareDevelopedandApproved/ApprovalApplications/NewDrugApplicationNDA/ |title=New Drug Application (NDA) |publisher=Food and Drug Administration |access-date=November 20, 2012 |archive-date=November 1, 2013 |archive-url=https://web.archive.org/web/20131101115332/http://www.fda.gov/Drugs/DevelopmentApprovalProcess/HowDrugsareDevelopedandApproved/ApprovalApplications/NewDrugApplicationNDA/ |url-status=dead}}</ref> During the [[First presidency of Donald Trump|first Donald Trump presidency]], the agency worked to make the drug-approval process go faster.<ref>{{Cite journal | vauthors = Van Loo R |date=August 1, 2018 |title=Regulatory Monitors: Policing Firms in the Compliance Era |url=https://scholarship.law.bu.edu/faculty_scholarship/265 |journal=Faculty Scholarship |volume=119 |issue=2 |page=369 |access-date=October 10, 2020 |archive-date=June 4, 2020 |archive-url=https://web.archive.org/web/20200604022358/https://scholarship.law.bu.edu/faculty_scholarship/265/ |url-status=live}}</ref>'''{{rp|10}}''' Critics, however, argue that FDA standards are not sufficiently rigorous to prevent unsafe or ineffective drugs from getting approval.<ref>{{citation |title=Medical Nihilism | vauthors = Stegenga J |publisher=Oxford University Press |year=2018 |isbn=978-0-19-874704-8 |url=https://global.oup.com/academic/product/medical-nihilism-9780198747048?cc=hr&lang=en& |access-date=April 20, 2018 |archive-date=December 11, 2019 |archive-url=https://web.archive.org/web/20191211120725/https://global.oup.com/academic/product/medical-nihilism-9780198747048?cc=hr&lang=en& |url-status=live}}</ref> New drugs are available only by prescription by default. A change to over-the-counter (OTC) status is a separate process, and the drug must be approved through an NDA first. A drug that is approved is said to be "safe and effective when used as directed". Drugs being produced by a new manufacturer can be approved through one of two faster processes: the [[Abbreviated New Drug Application]] (ANDA) or the [[505(b)(2) regulatory pathway]] for complex generic or biosimilar medications.<ref>{{Cite journal|author=Center for Drug Evaluation and Research|date=August 9, 2024 |title=Abbreviated Approval Pathways for Drug Product: 505(b)(2) or ANDA? |url=https://www.fda.gov/drugs/cder-small-business-industry-assistance-sbia/abbreviated-approval-pathways-drug-product-505b2-or-anda |archive-url=https://web.archive.org/web/20220519201501/https://www.fda.gov/drugs/cder-small-business-industry-assistance-sbia/abbreviated-approval-pathways-drug-product-505b2-or-anda |url-status=dead |archive-date=May 19, 2022 |journal=FDA |language=en}}</ref>
* 2004 — [[Minor Use and Minor Species Animal Health Act]] PL 108-282
 
* 2004 — [[Food Allergen Labeling and Consumer Protection Act]] PL 108-282
 
Very rare, limited exceptions to this multi-step process involving animal testing and controlled clinical trials can be granted out of compassionate use protocols. This was the case during the 2015 Ebola epidemic with the use, by prescription and authorization, of [[ZMapp]] and other experimental treatments, and for new drugs that can be used to treat debilitating and/or very rare conditions for which no existing remedies or drugs are satisfactory, or where there has not been an advance in a long period of time. The studies are progressively longer, gradually adding more individuals as they progress from stage I to stage III, normally over a period of years, and normally involve drug companies, the government and its laboratories, and often medical schools and hospitals and clinics. However, any exceptions to the aforementioned process are subject to strict review and scrutiny and conditions, and are only given if a substantial amount of research and at least some preliminary human testing has shown that they are believed to be somewhat safe and possibly effective. (See FDA Special Protocol Assessment about Phase III trials.)
 
=====Advertising and promotion=====
{{more citations needed section|date=August 2019}}
The FDA's Office of Prescription Drug Promotion (OPDP) has responsibilities that revolve around the review and regulation of prescription drug advertising and promotion. This is achieved through surveillance activities and the issuance of enforcement letters to pharmaceutical manufacturers.<ref>{{Cite web | work = Center for Drug Evaluation and Research |date=October 19, 2023 |title=The Office of Prescription Drug Promotion (OPDP) |url=https://www.fda.gov/about-fda/center-drug-evaluation-and-research-cder/office-prescription-drug-promotion-opdp |access-date=October 23, 2023 | publisher = U.S. Food and Drug Administration |language=en |archive-date=October 23, 2023 |archive-url=https://web.archive.org/web/20231023220954/https://www.fda.gov/about-fda/center-drug-evaluation-and-research-cder/office-prescription-drug-promotion-opdp |url-status=dead }}</ref> Advertising and promotion for over-the-counter drugs is regulated by the [[Federal Trade Commission]]. The FDA also implements regulatory oversight through engagement with third-party enforcer-firms. It expects pharmaceutical companies to ensure that third-party suppliers and labs comply with the agency's health and safety guidelines .<ref>{{Cite journal | vauthors = Van Loo R |date=April 1, 2020 |title=The New Gatekeepers: Private Firms as Public Enforcers |url=https://scholarship.law.bu.edu/faculty_scholarship/800 |journal=Virginia Law Review |volume=106 |issue=2 |page=467 |access-date=October 25, 2020 |archive-date=October 28, 2020 |archive-url=https://web.archive.org/web/20201028034638/https://scholarship.law.bu.edu/faculty_scholarship/800/ |url-status=live}}</ref>{{rp|4}}
 
The drug advertising regulation<ref>21 CFR 202: Prescription Drug Advertising.</ref> contains two broad requirements: (1) a company may advertise or promote a drug only for the specific indication or medical use for which it was approved by FDA. Also, an advertisement must contain a "fair balance" between the benefits and the risks (side effects) of a drug. The regulation of drug advertising in the U.S. is divided between the Food and Drug Administration (FDA) and the Federal Trade Commission (FTC), based on whether the drug in question is a prescription drug or an over-the-counter (OTC) drug. The FDA oversees the advertising of prescription drugs, while the FTC regulates the advertising of OTC drugs.<ref>{{cite journal | vauthors = Weinmeyer R | title = Direct-to-consumer advertising of drugs | journal = The Virtual Mentor | volume = 15 | issue = 11 | pages = 954–958 | date = November 2013 | pmid = 24257087 | doi = 10.1001/virtualmentor.2013.15.11.hlaw1-1311 | url = https://journalofethics.ama-assn.org/article/direct-consumer-advertising-drugs/2013-11 | url-status = live | archive-url = https://web.archive.org/web/20240131130241/https://journalofethics.ama-assn.org/article/direct-consumer-advertising-drugs/2013-11 | archive-date = January 31, 2024 | doi-access = free }}</ref>
 
The term [[off-label]] refers to the practice of prescribing a drug for a different purpose than what the FDA approved.<ref>{{Cite web |date=January 1, 2014 |title=Off-Label Drug Use in Cancer Treatment |url=https://www.cancer.gov/about-cancer/treatment/drugs/off-label |access-date=January 14, 2023 |website=NCI |language=en |archive-date=January 14, 2023 |archive-url=https://web.archive.org/web/20230114030805/https://www.cancer.gov/about-cancer/treatment/drugs/off-label |url-status=live }}</ref>
 
Due to this approval requirement, manufacturers were prohibited from advertising [[COVID-19 vaccine]]s during the period in which they had only been approved under [[Emergency Use Authorization]].<ref>{{Cite web |title=FDA rules have blocked COVID-19 vaccine makers from advertising on TV |url=https://www.tampabay.com/news/health/2021/10/25/fda-rules-have-blocked-covid-19-vaccine-makers-from-advertising-on-tv/ |website=Tampa Bay Times |access-date=September 27, 2024 |language=en |quote=Food and Drug Administration rules prohibit advertising of drugs that have not been fully approved by the FDA}}</ref>
 
=====Post-market safety surveillance=====
After NDA approval, the sponsor must then review and report to the FDA every single patient adverse drug experience it learns of. They must report unexpected serious and fatal adverse drug events within 15 days, and other events on a quarterly basis.<ref>21 CFR 314.80: Postmarketing Reporting of Adverse Drug Experiences</ref> The FDA also receives directly adverse drug event reports through its [[MedWatch]] program.<ref>{{cite web | url = https://www.fda.gov/safety/medwatch-fda-safety-information-and-adverse-event-reporting-program | title = MedWatch: The FDA Safety Information and Adverse Event Reporting Program | archive-url = https://web.archive.org/web/20190422112808/https://www.fda.gov/Safety/MedWatch/default.htm | archive-date=April 22, 2019 | access-date = October 9, 2007 | url-status = live | publisher = U.S. Food and Drug Administration }}</ref> These reports are called "spontaneous reports" because reporting by consumers and health professionals is voluntary.
 
While this remains the primary tool of [[Postmarketing surveillance|post-market safety surveillance]], FDA requirements for post-marketing risk management are increasing. As a condition of approval, a sponsor may be required to conduct additional [[clinical trials]], called Phase IV trials. In some cases, the FDA requires risk management plans called [[Risk Evaluation and Mitigation Strategies]] (REMS) for some drugs that require actions to be taken to ensure that the drug is used safely.<ref name=Nelson>{{cite journal | vauthors = Nelson LS, Loh M, Perrone J | title = Assuring safety of inherently unsafe medications: the FDA risk evaluation and mitigation strategies | journal = Journal of Medical Toxicology | volume = 10 | issue = 2 | pages = 165–172 | date = June 2014 | pmid = 24414251 | pmc = 4057549 | doi = 10.1007/s13181-013-0374-z }}</ref><ref>{{cite journal | vauthors = Brown WV, Bramlet DA, Ross JL, Underberg JA | title = JCL roundtable: Risk evaluation and mitigation strategy | journal = Journal of Clinical Lipidology | volume = 10 | issue = 6 | pages = 1288–1296 | date = October 14, 2016 | pmid = 27919344 | doi = 10.1016/j.jacl.2016.10.007 }}</ref> For example, [[thalidomide]] can cause birth defects, but has uses that outweigh the risks if men and women taking the drugs do not conceive a child; a REMS program for thalidomide mandates an auditable process to ensure that people taking the drug take action to avoid pregnancy; many [[opioid]] drugs have REMS programs to avoid addiction and diversion of drugs.<ref name=Nelson/> The drug [[isotretinoin]] has a REMS program called [[iPLEDGE]].<ref>{{cite journal | vauthors = Kovitwanichkanont T, Driscoll T | title = A comparative review of the isotretinoin pregnancy risk management programs across four continents | journal = International Journal of Dermatology | volume = 57 | issue = 9 | pages = 1035–1046 | date = September 2018 | pmid = 29508918 | doi = 10.1111/ijd.13950 | s2cid = 3726217 }}</ref>
 
====Generic drugs====
Generic drugs are chemical and therapeutic equivalents of [[name-brand]] drugs, normally whose patents have expired.<ref name="TNBK"/> Approved generic drugs should have the same dosage, safety, effectiveness, strength, stability, and quality, as well as route of administration. In general, they are less expensive than their name brand counterparts, are manufactured and marketed by rival companies and, in the 1990s, accounted for about a third of all prescriptions written in the United States.<ref name="TNBK"/> For a pharmaceutical company to gain approval to produce a generic drug, the FDA requires scientific evidence that the generic drug is interchangeable with or therapeutically equivalent to the originally approved drug.<ref name="Therapeutic Equivalance of Generic Drugs">{{cite web |url=https://www.fda.gov/Drugs/DevelopmentApprovalProcess/HowDrugsareDevelopedandApproved/ApprovalApplications/AbbreviatedNewDrugApplicationANDAGenerics/ucm073182.htm |title=Therapeutic Equivalence of Generic Drugs |access-date=August 30, 2012 |publisher=Food and Drug Administration |year=1998 |archive-date=April 29, 2012 |archive-url=https://web.archive.org/web/20120429002732/http://www.fda.gov/Drugs/DevelopmentApprovalProcess/HowDrugsareDevelopedandApproved/ApprovalApplications/AbbreviatedNewDrugApplicationANDAGenerics/ucm073182.htm |url-status=dead}}</ref> This is called an [[Abbreviated New Drug Application]] (ANDA).<ref>{{cite web |title=Abbreviated New Drug Application (ANDA) |date=December 20, 2019 |publisher=U.S. Food & Drug Administration |url=https://www.fda.gov/drugs/types-applications/abbreviated-new-drug-application-anda |access-date=May 10, 2020 |archive-date=September 23, 2020 |archive-url=https://web.archive.org/web/20200923221401/https://www.fda.gov/drugs/types-applications/abbreviated-new-drug-application-anda |url-status=dead}}</ref> 80% of prescription drugs sold in the United States are generic brands.<ref>{{cite web | vauthors = Saling J | title=Generic Drugs: Answers to Common Questions | website=WebMD | date=March 5, 2024 | url=https://www.webmd.com/healthy-aging/generic-drugs-answers-to-common-questions | access-date=May 27, 2024 |quote=Almost 80% of prescription drugs sold are generics.}}</ref>
 
=====Generic drug scandal=====
In 1989, a major scandal erupted involving the procedures used by the FDA to approve generic drugs for sale to the public.<ref name="TNBK">{{cite encyclopedia | vauthors = Cohen L |article=Government Policies and Programs&nbsp;– United States&nbsp;– Generic Drug Scandal |title=The New Book of Knowledge&nbsp;– Medicine And Health |date=1990 |pages=276–281 |isbn=978-0-7172-8244-9}}</ref> Charges of corruption in generic drug approval first emerged in 1988 during the course of an extensive congressional investigation into the FDA. The oversight subcommittee of the [[House Energy and Commerce Committee|United States House Energy and Commerce Committee]] resulted from a complaint brought against the FDA by [[Mylan Laboratories Inc.]] of [[Pittsburgh]]. When its application to manufacture generics were subjected to repeated delays by the FDA, Mylan, convinced that it was being discriminated against, soon began its own private investigation of the agency in 1987. Mylan eventually filed suit against two former FDA employees and four drug-manufacturing companies, charging that corruption within the federal agency resulted in [[racketeering]] and in violations of [[antitrust law]]. "The order in which new generic drugs were approved was set by the FDA employees even before drug manufacturers submitted applications" and, according to Mylan, this illegal procedure was followed to give preferential treatment to certain companies. During the summer of 1989, three FDA officials (Charles Y. Chang, David J. Brancato, Walter Kletch) pleaded guilty to criminal charges of accepting bribes from generic drugs makers, and two companies ([[Par Pharmaceutical]] and its subsidiary Quad Pharmaceuticals)<ref>{{cite news |url=https://www.nytimes.com/1989/09/12/business/fda-details-problems-at-drug-makers.html |work=The New York Times |title=F.D.A. Details Problems at Drug Makers |date=September 12, 1989 |access-date=February 7, 2017 |archive-date=March 13, 2017 |archive-url=https://web.archive.org/web/20170313215132/http://www.nytimes.com/1989/09/12/business/fda-details-problems-at-drug-makers.html |url-status=live}}</ref> pleaded guilty to giving bribes.
 
Furthermore, it was discovered that several manufacturers had falsified data submitted in seeking FDA authorization to market certain generic drugs. Vitarine Pharmaceuticals of New York, which sought approval of a generic version of the drug [[Dyazide]], a medication for high blood pressure, submitted Dyazide, rather than its generic version, for the FDA tests. In April 1989, the FDA investigated 11 manufacturers for irregularities; and later brought that number up to 13. Dozens of drugs were eventually suspended or recalled by manufacturers. In the early 1990s, the [[U.S. Securities and Exchange Commission]] filed securities fraud charges against the Bolar Pharmaceutical Company, a major generic manufacturer based in Long Island, New York.<ref name="TNBK"/>
 
====Over-the-counter drugs====
Over-the-counter (OTC) are drugs like [[aspirin]] that do not require a doctor's prescription.<ref>{{cite web | url = https://www.fda.gov/downloads/AboutFDA/CentersOffices/OfficeofMedicalProductsandTobacco/CDER/UCM148055.pdf | title = Regulation of Nonprescription Drug Products | publisher = U.S. Food and Drug Administration | archive-url = https://web.archive.org/web/20180226021613/https://www.fda.gov/downloads/AboutFDA/CentersOffices/OfficeofMedicalProductsandTobacco/CDER/UCM148055.pdf | archive-date=February 26, 2018 | access-date = August 30, 2012 }}</ref> The FDA has a list of approximately 800 such approved ingredients that are combined in various ways to create more than 100,000 OTC drug products. Many OTC drug ingredients had been previously approved prescription drugs now deemed safe enough for use without a [[physician|medical practitioner]]'s supervision like [[ibuprofen]].<ref>{{cite web |url=https://www.fda.gov/cder/handbook/otcintro.htm |title=FDA CDER Handbook: Over-the-Counter Drug Products |website=Food and Drug Administration |access-date=October 9, 2007 |archive-date=May 12, 2009 |archive-url=https://web.archive.org/web/20090512224542/https://www.fda.gov/cder/handbook/otcintro.htm}}</ref>
 
====Ebola treatment====
In 2014, the FDA added an [[Ebola]] treatment being developed by Canadian pharmaceutical company [[Tekmira Pharmaceuticals|Tekmira]] to the [[FDA Fast Track Development Program|Fast Track program]], but halted the phase 1 trials in July pending the receipt of more information about how the drug works. This was widely viewed as increasingly important in the face of a [[2014 West Africa Ebola outbreak|major outbreak of the disease in West Africa]] that began in late March 2014 and ended in June 2016.<ref>{{cite web | vauthors = Kliff S |title=The FDA recently halted trials on a potential Ebola treatment |url=https://www.vox.com/2014/8/3/5962381/ebola-outbreak-vaccine-fda-halted-trials |website=[[Vox (website)|Vox]] |access-date=August 4, 2014 |date=August 3, 2014 |archive-date=August 6, 2014 |archive-url=https://web.archive.org/web/20140806035748/http://www.vox.com/2014/8/3/5962381/ebola-outbreak-vaccine-fda-halted-trials |url-status=live}}</ref>
 
==== Coronavirus (COVID-19) testing ====
{{Main|COVID-19 testing}}
During the [[COVID-19 pandemic in the United States|coronavirus pandemic]], FDA granted [[emergency use authorization]] for [[personal protective equipment]] (PPE), in vitro diagnostic equipment, [[ventilator]]s and other medical devices.<ref name="FDA-EUA">{{cite web |url=https://www.fda.gov/medical-devices/emergency-situations-medical-devices/emergency-use-authorizations-medical-devices |title=Emergency Use Authorizations - FDA |author=<!--Not stated--> |date=May 21, 2020 | publisher = U.S. Food and Drug Administration |access-date=May 21, 2020 |url-status=live |archive-url=https://web.archive.org/web/20200517205323/https://www.fda.gov/medical-devices/emergency-situations-medical-devices/emergency-use-authorizations |archive-date=May 17, 2020}}</ref><ref>{{cite journal | vauthors = Rizk JG, Forthal DN, Kalantar-Zadeh K, Mehra MR, Lavie CJ, Rizk Y, Pfeiffer JP, Lewin JC | title = Expanded Access Programs, compassionate drug use, and Emergency Use Authorizations during the COVID-19 pandemic | journal = Drug Discovery Today | volume = 26 | issue = 2 | pages = 593–603 | date = February 2021 | pmid = 33253920 | pmc = 7694556 | doi = 10.1016/j.drudis.2020.11.025 }}</ref><ref>{{Cite journal |url=https://www.fda.gov/media/144413/download |title=Comirnaty and Pfizer-BioNTech COVID-19 Vaccine |journal=FDA |date=January 3, 2022 |access-date=October 27, 2021 |archive-date=August 14, 2021 |archive-url=https://web.archive.org/web/20210814042307/https://www.fda.gov/media/144413/download |url-status=dead }}</ref>
 
On March 18, 2020, FDA inspectors postponed most foreign facility inspections and all domestic routine surveillance facility inspections.<ref name="FDA-COVID-19-inspections">{{cite web |url=https://www.fda.gov/news-events/press-announcements/coronavirus-covid-19-update-fda-focuses-safety-regulated-products-while-scaling-back-domestic |title=Coronavirus (COVID-19) Update: FDA Focuses on Safety of Regulated Products While Scaling Back Domestic Inspections |author=Stephen M. Hahn M.D., Commissioner of Food and Drugs - Food and Drug Administration |date=March 18, 2020 |publisher=U.S. Food and Drug Administration |access-date=May 21, 2020 |url-status=dead |archive-url=https://web.archive.org/web/20200512170315/https://www.fda.gov/news-events/press-announcements/coronavirus-covid-19-update-fda-focuses-safety-regulated-products-while-scaling-back-domestic |archive-date=May 12, 2020 |quote=Earlier this month, we announced that we are postponing most foreign facility inspections through April and that inspections outside the U.S. deemed mission-critical will be considered on a case-by-case basis as this outbreak continues to unfold. Today, we're announcing that for the health and well-being of our staff and those who conduct inspections for the agency under contract at the state level, and because of industry concerns about visitors, we have temporarily postponed all domestic routine surveillance facility inspections. These are facility inspections the FDA traditionally conducts every few years based on a risk analysis. Importantly, all domestic for-cause inspection assignments will be evaluated and will proceed if mission-critical. We will continue to respond to natural disasters, outbreaks and other public health emergencies involving FDA-regulated products.}}</ref> In contrast, the [[United States Department of Agriculture|USDA's]] [[Food Safety and Inspection Service]] (FSIS) continued inspections of meatpacking plants, which resulted in 145 FSIS field employees who tested positive for COVID-19, and three who died.<ref name="CBS-COVID">{{cite news | vauthors = Carney J |date=May 5, 2020 |title=3 USDA meat inspectors dead, about 145 diagnosed with COVID-19 |url=https://www.cbsnews.com/news/coronavirus-usda-meat-inspectors-3-dead-covid-19/ |url-status=live |work=CBS News |archive-url=https://web.archive.org/web/20200519054805/https://www.cbsnews.com/news/coronavirus-usda-meat-inspectors-3-dead-covid-19/ |archive-date=May 19, 2020 |access-date=May 22, 2020}}</ref>
 
===Vaccines, blood and tissue products, and biotechnology===
{{more citations needed section|date=August 2019}}
[[File:Blood Research- Saving Lives (8352) (9759352093).jpg|thumb|FDA scientist prepares blood donation samples for testing.]]
The [[Center for Biologics Evaluation and Research]] is the branch of the FDA responsible for ensuring the safety and efficacy of biological therapeutic agents.<ref>{{cite web |url=https://www.fda.gov/AboutFDA/CentersOffices/OfficeofMedicalProductsandTobacco/CBER/ |title=About the Center for Biologics Evaluation and Research (CBER) |publisher=Food and Drug Administration |date=March 2, 2017 |access-date=May 12, 2017 |archive-date=May 9, 2017 |archive-url=https://web.archive.org/web/20170509063921/https://www.fda.gov/AboutFDA/CentersOffices/OfficeofMedicalProductsandTobacco/CBER/ |url-status=dead}}.</ref><ref>{{Cite web |title=Center for Biologics Evaluation and Research |url=https://registries.ncats.nih.gov/glossary/center-for-biologics-evaluation-and-research/ |access-date=January 2, 2025 |website=RaDaR |language=en-US}}</ref> These include blood and blood products, vaccines, allergenics, cell and tissue-based products, and gene therapy products. New biologics are required to go through a premarket approval process called a [[Biologics license application|Biologics License Application]] (BLA), similar to that for drugs.
 
The original authority for government regulation of biological products was established by the 1902 [[Biologics Control Act]], with additional authority established by the 1944 [[Public Health Service Act]]. Along with these Acts, the [[Federal Food, Drug, and Cosmetic Act]] applies to all biologic products, as well. Originally, the entity responsible for regulation of biological products resided under the [[National Institutes of Health]]; this authority was transferred to the FDA in 1972.
 
===Medical and radiation-emitting devices===
{{more citations needed section|date=August 2019}}
[[File:FDA Bldg 62 - Exterior (5161375340).jpg|thumb|FDA Building 62 houses the [[FDA Center for Devices and Radiological Health|Center for Devices and Radiological Health]].|alt=]]
The [[Center for Devices and Radiological Health]] (CDRH) is the branch of the FDA responsible for the premarket approval of all [[medical device]]s, as well as overseeing the manufacturing, performance and safety of these devices.<ref>{{cite web | url = https://www.fda.gov/AboutFDA/CentersOffices/OfficeofMedicalProductsandTobacco/CDRH/ucm300639.htm | title = CDRH Mission, Vision and Shared Values | archive-url = https://web.archive.org/web/20190422142129/https://www.fda.gov/AboutFDA/CentersOffices/OfficeofMedicalProductsandTobacco/CDRH/ucm300639.htm | archive-date=April 22, 2019 | access-date = August 30, 2012 | publisher = U.S. Food and Drug Administration }}</ref> The definition of a medical device is given in the FD&C Act, and it includes products from the simple [[toothbrush]] to complex devices such as implantable [[neurostimulator]]s. CDRH also oversees the safety performance of non-medical devices that emit certain types of [[electromagnetic radiation]]. Examples of CDRH-regulated devices include [[cellular phones]], [[Airport security|airport baggage screening equipment]], [[television|television receivers]], [[microwave oven]]s, [[tanning booth]]s, and [[laser|laser products]].<ref>{{Cite web |date=June 13, 2022 |title=FDA Center for Devices and Radiological Health (CDRH) - NCI |url=https://sbir.cancer.gov/commercialization/fda/radiological-devices |access-date=January 2, 2025 |website=sbir.cancer.gov |language=en}}</ref>
 
CDRH regulatory powers include the authority to require certain technical reports from the manufacturers or importers of regulated products, to require that radiation-emitting products meet mandatory safety performance standards, to declare regulated products defective, and to order the recall of defective or noncompliant products. CDRH also conducts limited amounts of direct product testing.
 
===="FDA-Cleared" vs "FDA-Approved"====
Clearance requests are required for medical devices that prove they are "substantially equivalent" to the predicate devices already on the market. Approved requests are for items that are new or substantially different and need to demonstrate "safety and efficacy", for example they may be inspected for safety in case of new toxic hazards. Both aspects need to be proved or provided by the submitter to ensure proper procedures are followed.<ref>{{cite web |url=https://www.fda.gov/AboutFDA/Transparency/Basics/ucm194460.htm |title=What does it mean when FDA "clears" or "approves" a medical device? |publisher=Food and Drug Administration |access-date=March 14, 2015 |archive-date=March 7, 2015 |archive-url=https://web.archive.org/web/20150307000034/http://www.fda.gov/AboutFDA/Transparency/Basics/ucm194460.htm |url-status=dead}}</ref>
 
===Cosmetics===
{{more citations needed section|date=August 2019}}
Cosmetics are regulated by the [[Center for Food Safety and Applied Nutrition]], the same branch of the FDA that regulates food. Cosmetic products are not, in general, subject to premarket approval by the FDA unless they make "structure or function claims" that make them into drugs (see [[Cosmeceutical]]). However, all color additives must be specifically FDA approved before manufacturers can include them in cosmetic products sold in the U.S. The FDA regulates cosmetics labeling, and cosmetics that have not been safety tested must bear a warning to that effect.<ref>{{Cite web |url=https://www.fda.gov/cosmetics/cosmetics-labeling-regulations/summary-cosmetics-labeling-requirements |title=Summary of Cosmetics Labeling Requirements |date=August 2, 2018 |website=U.S. Food and Drug Administration |access-date=December 4, 2019 |archive-date=December 13, 2019 |archive-url=https://web.archive.org/web/20191213121829/https://www.fda.gov/cosmetics/cosmetics-labeling-regulations/summary-cosmetics-labeling-requirements |url-status=live}}</ref>
 
According to the industry advocacy group, the [[American Council on Science and Health]], though the cosmetic industry is primarily responsible for its own product safety, the FDA can intervene when necessary to protect the public. In general, though, cosmetics do not require pre-market approval or testing. The ACSH says that companies must place a warning note on their products if they have not been tested, and that experts in cosmetic ingredient review also play a role in monitoring safety through influence on ingredients, but they lack legal authority. According to the ACSH, it has reviewed about 1,200 ingredients and has suggested that several hundred be restricted—but there is no standard or systemic method for reviewing chemicals for safety, or a clear definition of what 'safety' even means so that all chemicals get tested on the same basis.<ref>{{cite journal | vauthors = Ross G | title = A perspective on the safety of cosmetic products: a position paper of the American Council on Science and Health | journal = International Journal of Toxicology | volume = 25 | issue = 4 | pages = 269–277 | year = 2006 | pmid = 16815815 | doi = 10.1080/10915810600746049 | s2cid = 21904805 | doi-access = free }}</ref>
 
However, on December 29, 2022, President Biden signed the '2023 Consolidated Budget Act',<ref>{{Cite web |title=Biden signs $1.7T government spending bill, ensuring funding for most of 2023 |url=https://abcnews.go.com/Politics/biden-signs-17t-government-spending-bill-ensuring-funding/story?id=95934378 |access-date=January 2, 2025 |website=ABC News |language=en}}</ref> which includes the 'Cosmetics Regulatory Modernization Act of 2022 (MoCRA)', which is a stricter regulation that is different from the previous regulations. MoCRA requires compliance with matters such as serious adverse event reporting, safety substantiation, additional labeling, record keeping, and Good Manufacturing Practices (GMP).<ref>{{Cite web |title=MoCRA Cosmetic Testing and Certification |url=https://www.nsf.org/au/en/knowledge-library/fda-modernization-cosmetics-regulation-act |access-date=January 2, 2025 |website=www.nsf.org |language=en}}</ref> MoCRA also calls on the FDA to grant Mandatory Recall Authority and establish regulations for GMP rules, flavor allergen labeling rules, and testing methods for cosmetics containing talc.<ref>{{cite web |title=Modernization of Cosmetics Regulation Act of 2022 (MoCRA) |url=https://www.fda.gov/cosmetics/cosmetics-laws-regulations/modernization-cosmetics-regulation-act-2022-mocra#:~:text=Mandatory%20Recall%20Authority%3A%20If%20the,if%20the%20responsible%20person%20refuses | publisher = U.S. Food and Drug Administration |date=December 14, 2023 |access-date=January 21, 2024 |archive-date=January 22, 2024 |archive-url=https://web.archive.org/web/20240122175633/https://www.fda.gov/cosmetics/cosmetics-laws-regulations/modernization-cosmetics-regulation-act-2022-mocra#:~:text=Mandatory%20Recall%20Authority%3A%20If%20the,if%20the%20responsible%20person%20refuses |url-status=dead }}</ref>
 
===Veterinary products===
The [[Center for Veterinary Medicine]] (CVM) is a center of the FDA that regulates food additives and drugs that are given to animals.<ref name="Modric 2013">{{cite journal | vauthors = Modric S | title = Regulatory framework for the availability and use of animal drugs in the United States | journal = The Veterinary Clinics of North America. Small Animal Practice | volume = 43 | issue = 5 | pages = 1005–1012 | date = September 2013 | pmid = 23890234 | doi = 10.1016/j.cvsm.2013.04.001 }}</ref> CVM regulates animal drugs, animal food including pet animal, and animal medical devices. The FDA's requirements to prevent the spread of [[bovine spongiform encephalopathy]] are also administered by CVM through inspections of feed manufacturers.<ref>{{Cite web |url=https://www.fda.gov/animal-veterinary/compliance-enforcement/bovine-spongiform-encephalopathy |title=Bovine Spongiform Encephalopathy | work = Center for Veterinary Medicine |date=April 11, 2019 | publisher = U.S. Food and Drug Administ ration |language=en |access-date=February 4, 2020 |archive-date=December 12, 2019 |archive-url=https://web.archive.org/web/20191212171837/https://www.fda.gov/animal-veterinary/compliance-enforcement/bovine-spongiform-encephalopathy |url-status=live}}</ref> CVM does not regulate vaccines for animals; these are handled by the [[United States Department of Agriculture]].<ref>{{cite book | vauthors = Hill R Jr, Foley P, Clough N, Ludemann L, Murtle D | veditors = Roth J, Richt J, Morozov I |title=Vaccines and diagnostics for transboundary animal diseases: Ames, Iowa, 17-19 September 2012 |date=2013 |publisher=Karger Medical and Scientific Publishers |isbn=978-3-318-02366-4 |pages=53–54 |chapter-url=https://books.google.com/books?id=wZ86AQAAQBAJ&pg=PA53 |chapter=Translating research into licensed vaccines and validated and licensed diagnostic tests |access-date=June 30, 2019 |archive-date=August 1, 2020 |archive-url=https://web.archive.org/web/20200801131751/https://books.google.com/books?id=wZ86AQAAQBAJ&pg=PA53 |url-status=live}}</ref>
 
===Tobacco products===
The FDA regulates [[tobacco products]] with authority established by the 2009 [[Family Smoking Prevention and Tobacco Control Act]].<ref>{{cite web |url=https://www.fda.gov/AboutFDA/Transparency/Basics/ucm194423.htm |title=Does FDA have the authority to regulate tobacco products? |publisher=Food and Drug Administration |access-date=December 16, 2019 |archive-date=November 14, 2017 |archive-url=https://web.archive.org/web/20171114204636/https://www.fda.gov/AboutFDA/Transparency/Basics/ucm194423.htm |url-status=dead}}</ref> This Act requires color warnings on cigarette packages and printed advertising, and text warnings from the [[Surgeon General of the United States|U.S. Surgeon General]].<ref>{{cite news |url=https://www.foxnews.com/health/cigarette-makers-fda-clash-over-new-graphic-ads/ |work=Fox News |title=Cigarette Makers, FDA Clash Over New Graphic Ads |date=September 22, 2011 |access-date=October 13, 2011 |archive-date=October 8, 2011 |archive-url=https://web.archive.org/web/20111008214526/http://www.foxnews.com/health/2011/09/22/cigarette-makers-fda-clash-over-new-graphic-ads/ |url-status=live}}</ref>
 
The nine new graphic warning labels were announced by the FDA in June 2011 and were scheduled to be required to appear on packaging by September 2012. The implementation date is uncertain, due to ongoing proceedings in the case of ''R.J. Reynolds Tobacco Co. v. U.S. Food and Drug Administration''.<ref>{{cite web |url=https://www.fda.gov/TobaccoProducts/Labeling/ucm259214.htm |publisher=Food and Drug Administration |title=Overview: Cigarette Health Warnings |access-date=August 30, 2012 |archive-date=September 9, 2012 |archive-url=https://web.archive.org/web/20120909034823/http://www.fda.gov/TobaccoProducts/Labeling/ucm259214.htm |url-status=dead}}</ref> [[R. J. Reynolds Tobacco Company|R.J. Reynolds]], [[Lorillard]], [[Imperial Tobacco|Commonwealth Brands]], [[Liggett Group]] and [[Santa Fe Natural Tobacco Company]] have filed suit in [[United States District Court for the District of Columbia|Washington, D.C. federal court]] claiming that the graphic labels are an [[unconstitutional]] way of forcing tobacco companies to engage in anti-smoking advocacy on the government's behalf.<ref>{{cite news |url=https://blogs.wsj.com/law/2011/09/12/fda-defends-new-graphic-cigarette-labels/ |work=[[The Wall Street Journal]] | vauthors = Koppel N |title=FDA Defends New Graphic Cigarette Labels |date=September 12, 2011 |url-access=subscription |access-date=August 4, 2017 |archive-date=July 9, 2017 |archive-url=https://web.archive.org/web/20170709181720/https://blogs.wsj.com/law/2011/09/12/fda-defends-new-graphic-cigarette-labels/ |url-status=live}}</ref>
 
A [[First Amendment to the United States Constitution|First Amendment]] lawyer, [[Floyd Abrams]], is representing the tobacco companies in the case, contending requiring graphic warning labels on a lawful product cannot withstand constitutional scrutiny.<ref>{{cite web |url=http://www.adweek.com/news/advertising-branding/big-tobacco-gets-top-first-amendment-lawyer-new-suit-134200 |title=Big Tobacco Gets Top First Amendment Lawyer for New Suit |work=AdWeek |date=August 18, 2011 |access-date=March 14, 2015 |archive-date=April 11, 2015 |archive-url=https://web.archive.org/web/20150411073933/http://www.adweek.com/news/advertising-branding/big-tobacco-gets-top-first-amendment-lawyer-new-suit-134200 |url-status=live}}</ref> The [[Association of National Advertisers]] and the [[American Advertising Federation]] have also filed a brief in the suit, arguing that the labels infringe on commercial free speech and could lead to further government intrusion if left unchallenged.<ref>{{cite web |url=http://www.csnews.com/product-categories/tobacco/tobacco-cos-get-allies-warning-label-fight |title=Tobacco Cos. Get Allies in Warning Label Fight |work=Convenience Store News |date=September 19, 2011 |access-date=March 14, 2015 |archive-date=January 12, 2015 |archive-url=https://web.archive.org/web/20150112022328/http://www.csnews.com/product-categories/tobacco/tobacco-cos-get-allies-warning-label-fight |url-status=live}}</ref> In November 2011, Federal judge [[Richard J. Leon|Richard Leon]] of the U.S. District Court for the District of Columbia temporarily halted the new labels, likely delaying the requirement that tobacco companies display the labels. The [[Supreme Court of the United States|U.S. Supreme Court]] ultimately could decide the matter.<ref>{{cite news |url=https://www.wsj.com/articles/SB10001424052970204554204577024040240467970 |work=The Wall Street Journal | vauthors = Esterl M |title=Judge Temporarily Blocks Graphic Cigarette Labels |date=November 8, 2011 |url-access=subscription |access-date=August 3, 2017 |archive-date=July 9, 2017 |archive-url=https://web.archive.org/web/20170709173439/https://www.wsj.com/articles/SB10001424052970204554204577024040240467970 |url-status=live}}</ref>
 
In July 2017, the FDA announced a plan that would reduce the current levels of nicotine permitted in tobacco cigarettes.<ref>{{cite web |url=https://www.npr.org/2017/07/28/540088353/fda-announces-plan-to-cut-level-of-nicotine-allowed-in-cigarettes |title=FDA Announces Plan To Cut Level Of Nicotine Allowed In Cigarettes |website=[[NPR]] |access-date=April 4, 2018 |archive-date=March 20, 2018 |archive-url=https://web.archive.org/web/20180320032301/https://www.npr.org/2017/07/28/540088353/fda-announces-plan-to-cut-level-of-nicotine-allowed-in-cigarettes |url-status=live}}</ref> The proposed regulation, identified as RIN 0910-AI76, titled ''"Tobacco Product Standard for Nicotine Yield of Cigarettes and Certain Other Combusted Tobacco Products,"'' seeks to reduce the nicotine content in cigarettes to approximately 0.7 milligrams per gram of tobacco.
 
===Regulation of living organisms===
With acceptance of premarket notification 510(k) k033391 in January 2004,<ref name="FDA_K033391_Announcement">{{cite web |title=510(k) Premarket Notification K033391 |url=https://www.accessdata.fda.gov/scripts/cdrh/cfdocs/cfPMN/pmn.cfm?ID=K033391 |publisher=FDA |access-date=July 4, 2021 |archive-date=July 9, 2021 |archive-url=https://web.archive.org/web/20210709184153/https://www.accessdata.fda.gov/scripts/cdrh/cfdocs/cfPMN/pmn.cfm?ID=K033391 |url-status=dead }}</ref> the FDA granted Ronald Sherman permission to produce and market [[medical maggots]] for use in humans or other animals as a prescription medical device.<ref name="FDA_K033391_ClearanceLetter">{{cite web |title=FDA_K033391_ClearanceLetter |url=https://www.accessdata.fda.gov/cdrh_docs/pdf3/K033391.pdf |archive-url=https://web.archive.org/web/20150701125329/http://www.accessdata.fda.gov/cdrh_docs/pdf3/K033391.pdf |archive-date=July 1, 2015 |url-status=dead |publisher=FDA |access-date=July 4, 2021}}</ref> Medical maggots represent the first living organism allowed by the Food and Drug Administration for production and marketing as a prescription medical device.<ref name="Greer_2005">{{cite journal | vauthors = Sherman R | title = Age-old therapy gets new approval | journal = Advances in Skin & Wound Care | volume = 18 | issue = 1 | pages = 12–15 | date = 2005 | pmid = 15716781 | doi = 10.1097/00129334-200501000-00003 | doi-access = free }}</ref>
 
In June 2004, the FDA cleared ''[[Hirudo medicinalis]]'' (medicinal leeches) as the second living organism legal to use as a medical device.<ref>{{Cite web |title=FDA approves leeches as medical devices |url=http://www.nbcnews.com/health/health-news/fda-approves-leeches-medical-devices-flna1C9447212 |access-date=January 14, 2023 |website=NBC News |date=June 28, 2004 |language=en |archive-date=January 14, 2023 |archive-url=https://web.archive.org/web/20230114031405/https://www.nbcnews.com/health/health-news/fda-approves-leeches-medical-devices-flna1C9447212 |url-status=live }}</ref>
 
The FDA also requires that milk be [[pasteurized]] to remove bacteria.<ref>{{Cite journal |date=January 26, 2022 |title=The Dangers of Raw Milk: Unpasteurized Milk Can Pose a Serious Health Risk |url=https://www.fda.gov/food/buy-store-serve-safe-food/dangers-raw-milk-unpasteurized-milk-can-pose-serious-health-risk |journal=FDA |language=en |access-date=January 14, 2023 |archive-date=April 4, 2021 |archive-url=https://web.archive.org/web/20210404003528/https://www.fda.gov/food/buy-store-serve-safe-food/dangers-raw-milk-unpasteurized-milk-can-pose-serious-health-risk |url-status=live }}</ref>
 
===International Cooperation===
In February 2011, President [[Barack Obama]] and Canadian Prime Minister [[Stephen Harper]] issued a "Declaration on a Shared Vision for Perimeter Security and Economic Competitiveness"<ref>{{cite press release |url=https://obamawhitehouse.archives.gov/the-press-office/2011/02/04/joint-statement-president-obama-and-prime-minister-harper-canada-regul-0 |title=Joint Statement by President Obama and Prime Minister Harper of Canada on Regulatory Cooperation |date=February 4, 2011 |access-date=February 26, 2011 |archive-date=January 22, 2017 |archive-url=https://web.archive.org/web/20170122200817/https://obamawhitehouse.archives.gov/the-press-office/2011/02/04/joint-statement-president-obama-and-prime-minister-harper-canada-regul-0 |via=[[NARA|National Archives]] |work=[[whitehouse.gov]] |url-status=live}}</ref><ref>{{cite press release |url=http://www.pm.gc.ca/eng/media.asp?id=3931 |title=PM and U.S. President Obama announce shared vision for perimeter security and economic competitiveness between Canada and the United States |publisher=Prime Minister of Canada |date=February 4, 2011 |access-date=February 26, 2011 |archive-url=https://web.archive.org/web/20110219142120/http://www.pm.gc.ca/eng/media.asp?id=3931 |archive-date=February 19, 2011}}</ref> and announced the creation of the Canada-United States Regulatory Cooperation Council (RCC) "to increase regulatory transparency and coordination between the two countries."<ref name=OPM1>{{cite press release |date=December 7, 2011 |url=http://pm.gc.ca/eng/media.asp?id=4511 |publisher=Office of the Prime Minister of Canada |title=United States-Canada Regulatory Cooperation Council (RCC) Joint Action Plan: Developing and implementing the Joint Action Plan |archive-url=https://web.archive.org/web/20130729152814/http://pm.gc.ca/eng/media.asp?id=4511 |archive-date=July 29, 2013}}</ref>
 
Under the RCC mandate, the FDA and [[Health Canada]] undertook a "first of its kind" initiative by selecting "as its first area of alignment common cold indications for certain over-the-counter [[antihistamine]] ingredients (GC 2013-01-10)."<ref name=GC20130110>{{cite web |publisher=Government of Canada |series=Canada's Action Plan |title=Notice: Regulatory Cooperation Council (RCC) Over-the-Counter (OTC) Products: Common Monograph Working Group: Selection of a Monograph for Alignment |url=http://actionplan.gc.ca/en/page/rcc-ccr/notice-regulatory-cooperation-council-rcc-over |date=January 10, 2013 |access-date=February 15, 2013 |archive-url=https://web.archive.org/web/20141108070216/http://actionplan.gc.ca/en/page/rcc-ccr/notice-regulatory-cooperation-council-rcc-over |archive-date=November 8, 2014}}</ref>
 
A more recent example of the FDA's international work is their 2018 cooperation with regulatory and law-enforcement agencies worldwide through [[Interpol]] as part of Operation Pangea XI.<ref>{{Cite web |url=https://www.interpol.int/News-and-media/News/2018/N2018-123 |title=N2018-123 / 2018 / News / News and media / Internet / Home - INTERPOL |website=[[Interpol.int]] |access-date=February 8, 2019 |archive-date=February 9, 2019 |archive-url=https://web.archive.org/web/20190209123957/https://www.interpol.int/News-and-media/News/2018/N2018-123}}</ref><ref>{{Cite web |url=https://www.fda.gov/NewsEvents/Newsroom/PressAnnouncements/ucm624070.htm |title=Press Announcements - FDA launches global operation to crack down on websites selling illegal, potentially dangerous drugs; including opioids | author = Office of the Commissioner |publisher=Food and Drug Administration |access-date=February 8, 2019 |archive-date=February 7, 2019 |archive-url=https://web.archive.org/web/20190207132558/https://www.fda.gov/NewsEvents/Newsroom/PressAnnouncements/ucm624070.htm |url-status=dead}}</ref> The FDA targeted 465 websites that illegally sold potentially dangerous, unapproved versions of [[opioid]], [[Chemotherapy|oncology]], and [[Antiviral drug|antiviral]] prescription drugs to U.S. consumers. The agency focused on [[money laundering|transaction laundering]] schemes in order to uncover the complex online drug network.<ref>{{Cite web |url=https://www.thepaypers.com/expert-opinion/transaction-laundering-in-2019-time-to-review-the-monitoring-strategy/776727 |title=Transaction laundering in 2019 – time to review the monitoring strategy |publisher=The Paypers |access-date=February 8, 2019 |archive-date=July 14, 2020 |archive-url=https://web.archive.org/web/20200714025734/https://thepaypers.com/expert-opinion/transaction-laundering-in-2019-time-to-review-the-monitoring-strategy/776727 |url-status=live}}</ref>
 
==Science and research programs==
[[File:FDA Bldg 64 - Lab (5160771733).jpg|thumb|FDA lab at Building 64 in Silver Spring, Maryland]]
The FDA [[Science policy of the United States|carries out research and development activities]] to develop technology and standards that support its regulatory role, with the objective of resolving scientific and technical challenges before they become [[impediment]]s. The FDA's research efforts include the areas of biologics, medical devices, drugs, women's health, toxicology, food safety and applied nutrition, and veterinary medicine.<ref>{{cite web |title=About Science & Research at FDA |url=https://www.fda.gov/ScienceResearch/AboutScienceResearchatFDA/ |publisher=Food and Drug Administration |access-date=November 25, 2011 |date=June 18, 2009 |archive-date=January 14, 2012 |archive-url=https://web.archive.org/web/20120114151200/http://www.fda.gov/ScienceResearch/AboutScienceResearchatFDA/ |url-status=dead}}</ref>
 
==Data management==
The FDA has collected a large amount of data through the decades. The [[OpenFDA]] project was created to enable easy access of the data for the public and was officially launched in June 2014.<ref>{{Cite web |date=September 11, 2019 |title=openFDA |url=https://www.fda.gov/science-research/health-informatics-fda/openfda |access-date=October 3, 2020 |website=U.S. Food and Drug Administration |archive-date=October 21, 2020 |archive-url=https://web.archive.org/web/20201021204036/https://www.fda.gov/science-research/health-informatics-fda/openfda |url-status=dead}}</ref><ref>{{Cite news |date=June 7, 2014 |title=FDA opens new drug database to public; hiring site draws investor interest |newspaper=[[Washington Post]] |url=https://www.washingtonpost.com/business/economy/fda-opens-new-drug-database-to-public-hiring-site-draws-investor-interest/2014/06/07/624fcbaa-eb43-11e3-9f5c-9075d5508f0a_story.html |url-status=live |archive-date=June 23, 2014 |archive-url=https://web.archive.org/web/20140623084015/http://www.washingtonpost.com/business/economy/fda-opens-new-drug-database-to-public-hiring-site-draws-investor-interest/2014/06/07/624fcbaa-eb43-11e3-9f5c-9075d5508f0a_story.html}}</ref>
 
==History==
{{Main|History of the Food and Drug Administration}}
===Selected history establishing public need===
* 1862 — President Lincoln appoints chemist, Charles M. Wetherill to the Department of Agriculture. This appointment led to the Bureau of Chemistry.
* 1906 — [[Upton Sinclair|Upton Sinclair's]] [[The Jungle]] is published: this contributes to the creation of the FDA which received power through the 1906 [[Pure Food and Drug Act]] under [[Theodore Roosevelt]].
* 1927 — The "Bureau of Chemistry" is reorganized into two separate entities. Regulatory functions are located in the "Food, Drug, and Insecticide Administration", and non-regulatory research is located in the "Bureau of Chemistry and Soils".
* 1930 — The name of the "Food, Drug, and Insecticide Administration" is shortened to "Food and Drug Administration" (FDA) under an agricultural appropriations act.
* 1937 — Over 100 people died after consuming a raspberry-flavored sulfa elixir which had been rushed to market by the S.E. Massengill Company without any testing. About 70 percent of the elixir was [[diethylene glycol]], which is now known to be [[poison]]ous (related to antifreeze). However, the FDA was able to remove the sulfa elixir from the market because elixirs at the time were to contain alcohol as a solvent (not diethylene glycol).
* 1938 — The resulting sulfa elixir scandal and public outcry led to the passage of the [[Federal Food, Drug, and Cosmetic Act]] of 1938, which gave the FDA the power to preapprove all new drugs introduced into interstate commerce.<ref>http://www.fda.gov/oc/history/elixir.html</ref>
* 1959 — During a 10-week period leading up to Thanksgiving, the FDA recalled cranberry crops that may have been exposed to a weed killer, aminotriazole, which was known to cause cancer. The FDA sampled 3653 batches amounting to over 33,000,000 pounds of cranberries and cranberry products. Samples that were deemed safe and did not contain the weed killer were stamped with FDA approval.
* 1960 — [[Frances Oldham Kelsey]], who was in charge of reviewing new drug applications, refused to allow [[Thalidomide]] in the United States market. Already being manufactured and sold throughout Europe, Kelsey insisted there was not enough evidence of the drug's safety. Receiving pressure from thalidomide manufacturers, Kelsey would not budge.
* 1961 — November, Germany takes thalidomide, known as kevadon, off the market after several thousand newborns suffered the teratogenic effects — they were born with grave congenital abnormalities.
* 1962 - Partly in response to the thalidomide tragedy, the [[Kefauver Harris Amendments]] to the [[Federal Food, Drug, and Cosmetic Act]] of 1938 are passed. These laws regulate the marketing and licensure of new drugs. For the first time, rational requirements for the approval of new drugs are enforceable by law.
* 1982 — [[Cyanide]] poisoning in Tylenol (a brand of the over-the-counter drug [[acetaminophen]]) capsules results in many deaths, leading the FDA to begin tamper-resistant packaging.
* 1990 — The FDA promulgates regulations banning "gifts of substantial value" from drug companies to doctors. Minor gifts (like meals, tickets, and travel) are not banned.
* 1992 — Congress passes a new law creating a faster approvals process to legalize new drugs. The FDA must hire more reviewers and speed up reviews without sacrificing proper study and testing. The drug industry must pay "user fees" with every [[new drug application]]. A drug is given "fast-track" status if it meets a medical need not currently being met by any medication. Approval times drop from 30 to 12 months on average. 60% of new drugs come on the market in the U.S. first, before other countries. Before this law, when the approval process was slower, more new drugs came out in other countries first.{{Fact|date=February 2007}}
* 1997 — The FDA loosens restrictions on consumer advertising. Drug companies are allowed to spend less time describing risks and side effects on [[Television|TV]] commercials. A large increase in TV drug ads caused a large increase in drug sales within months.
 
Up until the 20th century, there were few federal laws regulating the contents and sale of domestically produced food and pharmaceuticals, with one exception being the [[Vaccine Act of 1813]].<ref>{{Cite book | author = ((National Research Council (US) Division of Health Promotion and Disease Prevention)) |url=https://www.ncbi.nlm.nih.gov/books/NBK216821/ |title=Vaccines: Past, Present, and Future |date=1985 |publisher=National Academies Press (US) |language=en |access-date=January 14, 2023 |archive-date=June 27, 2023 |archive-url=https://web.archive.org/web/20230627130317/http://www.ncbi.nlm.nih.gov/books/NBK216821/ |url-status=live }}</ref> The history of the FDA can be traced to the latter part of the 19th century and the Division of Chemistry of the [[U.S. Department of Agriculture]],<ref name="swann06">{{cite journal | vauthors = Swann JP |title=How Chemists Pushed for Consumer Protection: The Food and Drugs Act of 1906 |journal=Chemical Heritage |date=Summer 2006 |volume=24 |issue=2 |pages=6–11 |url=https://www.fda.gov/media/110307/download |access-date=September 17, 2021 |archive-date=September 17, 2021 |archive-url=https://web.archive.org/web/20210917071757/https://www.fda.gov/media/110307/download |url-status=live }}</ref> which [[United States Department of Agriculture#Origins in the Patent Office|itself derived]] from the [[Copyright and Patent Clause]]. Under [[Harvey Washington Wiley]], appointed chief chemist in 1883, the Division began conducting research into the adulteration and misbranding of food and drugs on the American market.<ref name=swann06/> Wiley's advocacy came at a time when the public had become aroused to hazards in the marketplace by [[muckraker|muckraking]] journalists like [[Upton Sinclair]], and became part of a general trend for increased federal regulations in matters pertinent to public safety during the [[Progressive Era]].<ref name="FDAHist">{{cite web |url=https://www.fda.gov/AboutFDA/WhatWeDo/History/Origin/ucm054819.htm |title=FDA History&nbsp;— Part I |publisher=Food and Drug Administration |access-date=March 14, 2015 |archive-date=March 16, 2015 |archive-url=https://web.archive.org/web/20150316152305/http://www.fda.gov/AboutFDA/WhatWeDo/History/Origin/ucm054819.htm |url-status=dead}}</ref> The [[Biologics Control Act|Biologics Control Act of 1902]] was put in place after a [[diphtheria]] antitoxin derived from tetanus-contaminated serum caused the deaths of thirteen children in St. Louis, Missouri. The serum was originally collected from a horse named [[Jim (horse)|Jim]] who had contracted tetanus.<ref>{{Cite web |last=cirmweb |date=June 4, 2012 |title=The surprising journey from a horse named Jim to stem cell therapies at UC Davis |url=https://blog.cirm.ca.gov/2012/06/04/surprising-journey-from-horse-named-jim/ |access-date=January 14, 2023 |website=The Stem Cellar |language=en |archive-date=January 14, 2023 |archive-url=https://web.archive.org/web/20230114025520/https://blog.cirm.ca.gov/2012/06/04/surprising-journey-from-horse-named-jim/ |url-status=live }}</ref>
=== Historical list of FDA Commissioners ===
* [[Andrew von Eschenbach]] — current commissioner
* [[Lester Crawford]] 7/2005 - 9/2005
* [[Mark McClellan]] 11/2002 - 3/2004
* [[Jane E. Henney]] 1/1999 - 1/2001
* [[David Aaron Kessler]] 11/1990 - 2/1997
* [[Frank Edward Young]] 7/1984 - 12/1989
* [[Arthur Hull Hayes]] 4/1981 - 9/1983
* [[Jere E. Govan]] 10/1979 - 1/1981
* [[Donald Kennedy]] 4/1977 - 6/1979
* [[Alexander M. Schmidt]] 7/1973 - 10/1976
* [[Charles C. Edwards]] 12/1969 - 3/1973
* [[Herbert L. Ley]] 7/1968 - 12/1969
* [[James L. Goddard]] 1/1966 - 7/1968
* [[George P. Larrick]] 8/1954 - 12/1965
* [[Charles W. Crawford]] 6/1951 - 7/1954
* [[Paul P. Dunbar]] 5/1944 - 5/1951
* [[Walter G. Campbell]] 7/1927 - 4/1944 and 7/1921 - 6/1924
* [[Charles A. Browne]] 7/1924 - 6/1927
* [[Carl L. Alsberg]] 12/1912 - 7/1921
* [[Harvey W. Wiley]] 1/1907 - 3/1912
<!--
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==Court cases==
===Abigail Burroughs v. von Eschenbach, 2001-2007===
Abigail Burroughs was a college student diagnosed with head and neck cancer. During the later phases of her treatment, Abigail's father, Frank Burroughs, sued the FDA for access to [[cetuximab]], case of Abigail Alliance for Better Access to Developmental Drugs v. von Eschenbach. At that time, [[cetuximab]] was only available experimentally for patients participating in colon cancer clinical trials. The argument made by the Abigail Alliance in court is that terminal cancer patients have a Constitutionally protected right to access to experimental medications before the FDA approves them. Specifically, the Abigail Alliance argues that the FDA should license drugs for use by terminally ill patients with "desperate diagnoses," after they have completed Phase I testing.<ref>[http://www.abigail-alliance.org/WLF_FDA.pdf] Abigal Alliance Citizen Petition to FDA</ref>
 
[[File:Portrait of Dr. Harvey W. Wiley (FDA 107) (8203830456).jpg|thumb|upright|[[Harvey W. Wiley]], chief advocate of the Food and Drug Act]]
In May, 2006, the U.S. Court of Appeals for the District of Columbia ruled in favor of the Abigail Alliance, and found that the US Constitution protects the right of terminally ill patients to access treatments that are not approved by the FDA. On March 1, 2007, the U.S. Court of Appeals was scheduled to rehear the case at the request of the FDA. This case has the potential to radically alter the conduct of clinical cancer research, since the initial Court of Appeals ruling essentially condones unfettered access to experimental drugs by terminally ill patients, who would then have little incentive to enter [[Phase II]] and [[Phase III]] [[clinical trials]] testing new cancer drugs. While [[clinical trials]] restrict access by terminally ill patients to new drugs, they also protect patients by collecting safety and efficacy data on new drugs under controlled circumstances. The expected success rate of cancer drugs at the Phase I stage of clinical testing is 6%. Implementing the changes proposed by the Abigail Alliance could have the potential to expose terminally ill patients to the toxicity of many unapproved treatments, with a very low expected success rate.<ref>{{cite journal |author= |title=The Society for Clinical Trials opposes US legislation to permit marketing of unproven medical therapies for seriously ill patients |journal=Clin Trials |volume=3 |issue=2 |pages=154-7 |year=2006 |pmid=16773958}}</ref><ref>{{cite journal |author=Okie S |title=Access before approval--a right to take experimental drugs? |journal=N Engl J Med |volume=355 |issue=5 |pages=437-40 |year=2006 |pmid=16885545}}</ref>
From its inception, the US Government has charged the FDA with a mission of overseeing testing of new drugs. Challenges to this core definition, as in the Abigail Alliance court case, would likely require broad changes to the FDA's operating mandate.<ref>{{cite journal |author=Jacobson P, Parmet W |title=A new era of unapproved drugs: the case of Abigail Alliance v Von Eschenbach |journal=JAMA |volume=297 |issue=2 |pages=205-8 |year=2007 |pmid=17213404}}</ref> The Americal Society of Clinical Oncology ([[ASCO]]) filed an amicus brief to the U.S. Court of Appeals in advance of the March 1 hearing, supporting the FDA. [[ASCO]] proposes that the Constitution does not guarantee the right to access unapproved medications, and that the court case threatens the cancer clinical trial enterprise.<ref>[http://gicancers.asco.org/ASCO/Downloads/Cancer%20Policy%20and%20Clinical%20Affairs/Cancer%20Policy%20News/Cancer%20Policy%20Alerts/Abigail%20Alliance%20Amicus%20Brief--Final%20Date-Stamped%20Copy.PDF
] Amicus brief by ASCO, filed February 2007</ref>
 
In June 1906, President [[Theodore Roosevelt]] signed into law the [[Pure Food and Drug Act|Pure Food and Drug Act of 1906]], also known as the "Wiley Act" after its chief advocate.<ref name="FDAHist"/><ref name=swann06/> The Act prohibited, under penalty of seizure of goods, the interstate transport of food that had been "adulterated".<ref name=swann06/> The Act applied similar penalties to the interstate marketing of "adulterated" drugs, in which the "standard of strength, quality, or purity" of the active ingredient was not either stated clearly on the label or listed in the ''[[United States Pharmacopeia]]'' or the ''[[National Formulary]]''.<ref>{{cite web |url=https://www.fda.gov/opacom/laws/wileyact.htm |title=Laws Enforced by FDA | author = Office of the Commissioner |publisher=Food and Drug Administration |access-date=December 16, 2019 |archive-date=May 12, 2009 |archive-url=https://web.archive.org/web/20090512143516/http://www.fda.gov/opacom/laws/wileyact.htm |url-status=dead}}</ref><ref name=swann06/>
==Criticism==
{{SectOR}}
{{NPOV}}
{{weasel}}
The FDA, as a component of the [[executive branch]] of the [[US government]], does not create drug regulatory policy. The [[legislative branch]] of government sets the policies in the form of laws, and the FDA then administers these laws. The system of [[representative democracy]] in the [[United States]] ensures that all stakeholders, including critics, have a voice in determining drug administration policy. The FDA also seeks public comments on controversial topics; experts in particular fields are appointed to Advisory Committees (see above), and the FDA consults these committees for answers to important questions.
===Over-regulation===
 
The responsibility for examining food and drugs for such "adulteration" or "misbranding" was given to Wiley's USDA Bureau of Chemistry.<ref name="FDAHist"/> Wiley used these new regulatory powers to pursue an aggressive campaign against the manufacturers of foods with chemical additives, but the Chemistry Bureau's authority was soon checked by judicial decisions, which narrowly defined the bureau's powers and set high standards for proof of fraudulent intent.<ref name="FDAHist"/> In 1927, the Bureau of Chemistry's regulatory powers were reorganized under a new USDA body, the Food, Drug, and Insecticide Administration.<ref>{{Cite web |date=March 14, 2019 |title=History of FDA's Internal Organization |url=https://www.fda.gov/about-fda/history-fdas-fight-consumer-protection-and-public-health/history-fdas-internal-organization |access-date=October 3, 2020 |website=U.S. Food and Drug Administration |language=en |archive-date=September 24, 2020 |archive-url=https://web.archive.org/web/20200924220535/https://www.fda.gov/about-fda/history-fdas-fight-consumer-protection-and-public-health/history-fdas-internal-organization |url-status=dead }}</ref> This name was shortened to the Food and Drug Administration (FDA) three years later.<ref name="milestones">{{cite web |url=https://www.fda.gov/opacom/backgrounders/miles.html |title=Milestones in U.S. Food and Drug Law History |website=Food and Drug Administration |access-date=December 16, 2019 |archive-date=May 21, 2009 |archive-url=https://web.archive.org/web/20090521181634/http://www.fda.gov/opacom/backgrounders/miles.html |url-status=dead}}</ref>
A diverse group of critics claim that the FDA posesses excessive regulatory authority.
 
By the 1930s, [[Muckraker|muckraking]] journalists, consumer protection organizations, and federal regulators began mounting a campaign for stronger regulatory authority by publicizing a list of injurious products that had been ruled permissible under the 1906 law, including [[radioactive]] [[beverages]], mascara that could cause blindness, and worthless "cures" for [[diabetes]] and [[tuberculosis]].<ref name=swann06/> The resulting proposed law did not get through the [[Congress of the United States]] for five years, but was rapidly enacted into law following the public outcry over the 1937 [[Elixir sulfanilamide|Elixir Sulfanilamide]] tragedy, in which over 100 people died after using a drug formulated with a toxic, untested solvent.<ref>{{cite journal | vauthors = Hamowy R |title=Medical Disasters and the Growth of FDA |date=February 2010 |page=7 |journal=Independent Policy Reports |url=http://www.independent.org/pdf/policy_reports/2010-02-10-fda.pdf |access-date=January 14, 2022 |archive-date=October 10, 2011 |archive-url=https://web.archive.org/web/20111010101720/http://independent.org/pdf/policy_reports/2010-02-10-fda.pdf |url-status=live}}</ref>
====Criticism: FDA regulation contributes to the high cost of drugs====
[[Nobel prize]] winning economist [[Gary S. Becker]] has written that FDA regulations introduced in 1962 contribute to consumers having to pay unnecessarily high prices for drugs, and recommends that they be eliminated.<ref>Becker, Gary S. [http://www.businessweek.com/magazine/content/02_37/b3799028.htm Get the FDA Out of the Way, and Drug Prices Will Drop], Business Week Magazine, September 16, 2002</ref> According to a doctor who conducted a study, regulations stemming from the 1962 [[Kefauver-Harris Amendment]] are responsible for more than 80% of the cost of today's drugs.<ref>[http://www.emediawire.com/releases/2004/11/emw176667.htm "Is Excess Regulation to Blame for Soaring Pharmaceutical Prices?"] eMediaWire. November 8, 2004.</ref> Prior to 1962, companies were only required to prove safety to the FDA. The new regulations lengthened the approval process by requiring efficacy to be proved to the FDA as well. Becker says giving people access to safe drugs, through not necessarily proven to be effective by FDA standards, would also hasten the development of new drugs because they would be cheaper to bring to market.<ref>Becker, Gary. [http://www.aei.brookings.org/policy/page.php?id=184 Power to the Patients]. AEI-Brookings Joint Center Policy Matters 04-15. Originally published in The Milken Institute Review, 2nd quarter 2004.</ref>
Studies published in 2003 report an average cost of approximately $800 million to bring a new drug to market,<ref>{{cite journal |author=DiMasi J |title=The value of improving the productivity of the drug development process: faster times and better decisions |journal=Pharmacoeconomics |volume=20 Suppl 3 |issue= |pages=1-10 |year= |pmid=12457421}}</ref><ref>{{cite journal |author=DiMasi J, Hansen R, Grabowski H |title=The price of innovation: new estimates of drug development costs |journal=J Health Econ |volume=22 |issue=2 |pages=151-85 |year=2003 |pmid=12606142}}</ref> although this figure is disputed.<ref>{{cite journal |author=Adams C, Brantner V |title=Estimating the cost of new drug development: is it really 802 million dollars? |journal=Health Aff (Millwood) |volume=25 |issue=2 |pages=420-8 |year= |pmid=16522582}}</ref>
 
President [[Franklin Delano Roosevelt]] signed the [[Federal Food, Drug, and Cosmetic Act]] into law on June 24, 1938. The new law significantly increased federal regulatory authority over drugs by mandating a pre-market review of the safety of all new drugs, as well as banning false therapeutic claims in drug labeling without requiring that the FDA prove [[fraudulent intent]].<ref name=swann06/> The law also authorized the FDA to issue minimum [[Standards of identity for food|food standards of identity]] for all mass-produced foods to reduce food fraud.<ref>{{Cite journal | vauthors = Frohlich X |date=March 2022 |title=Making Food Standard: The U.S. Food and Drug Administration's Food Standards of Identity, 1930s–1960s |url=https://www.cambridge.org/core/journals/business-history-review/article/abs/making-food-standard-the-us-food-and-drug-administrations-food-standards-of-identity-1930s1960s/367324CEA5135BFCD1CF1B0E24496F78 |journal=Business History Review |language=en |volume=96 |issue=1 |pages=145–176 |doi=10.1017/S0007680521000726 |issn=0007-6805|url-access=subscription }}</ref> By the 1970s, the FDA began pivoting from setting detailed standards of identity for foods to requiring informative labels – an ‘informational turn’ in [[List of food labeling regulations|food regulation]] aimed at steering food markets through disclosure rather than direct control. Later, in the 1990s, the FDA would update these information label rules with the introduction of the [[Nutrition facts label|Nutrition Facts]] panel.<ref>{{Cite book |last=Frohlich |first=Xaq |url=http://www.jstor.org/stable/10.2307/jj.7794619 |title=From Label to Table: Regulating Food in America in the Information Age |date=2023-10-17 |publisher=University of California Press |isbn=978-0-520-97081-6 |edition=1 |doi=10.2307/jj.7794619}}</ref>
====Criticism: FDA excessively rejects drugs====
Critics such as the economist [[Milton Friedman]] have claimed that the regulatory process is inherently biased against approval of some worthy drugs, because the adverse effects of wrongfully banning a useful drug are undetectable, while the consequences of mistakenly approving a harmful drug are highly publicised.<ref>Friedman, Milton & Rose (1979). ''Free to Choose''. New York: Harcourt Brace Jovanovich. ISBN 0-15-133481-1.</ref>
 
Soon after passage of the 1938 Act, the FDA began to designate certain drugs as safe for use only under the supervision of a medical professional, and the category of "[[Prescription drug|prescription-only]]" drugs was securely codified into law by the [[Durham-Humphrey Amendment]] in 1951. These developments confirmed extensive powers for the FDA to enforce post-marketing recalls of ineffective drugs.<ref name="FDAHist"/>
====Criticism: FDA regulation leads to delays in drug approval====
FDA critics such as Nobel prize-winnning economist [[Milton Friedman]] acknowledge that the lengthy FDA approval process has saved lives in individual cases, such as that of [[thalidomide]], but argue that "there's enormous evidence that they have caused more deaths by late approvals than they have saved by early approval."<ref>TAKE IT TO THE LIMITS: Milton Friedman on Libertarianism. Transcript from television show filmed February 10, 1999. Retrieved from Hoover Instituion website.</ref> Prior to passage of the [[Kefauver Harris Amendment]] of 1962, the average time from the filing of an investigational new drug application (IND) to approval was seven months. By 1998, it took an average of 7.3 years from the date of filing to approval.<ref>[http://www.FDAreview.org|FDAreview.org]. Theory, Evidence and Examples of FDA Harm, citing Peltzman, S. 1973. An Evaluation of Consumer Protection Legislation: The 1962 Drug Amendments. Journal of Political Economy 81, no. 5: 1049–91. Reprinted in Chicago Studies in Political Economy, edited by George J. Stigler, 303–48. Chicago, University of Chicago Press, 1988. and Thomas, L. G. 1990. Regulation and Firm Size: FDA Impacts on Innovation. Rand Journal of Economics 21, no. 4: 497–517. </ref> Prior to the 1990s, the mean time for new drug approvals was shorter in Europe than in the United States, although that difference has since disappeared.<ref>http://www.diahome.org/content/abstract/1999/d334969.pdf Healy, Elaine, and Kenneth Kaitin. 1999. The European Agency for the Evaluation of Medicinal Product’s Centralized Procedure for Product Approval: Current Status. Drug Information Journal 33: 969–78.</ref>
 
[[File:Examining New Drug Applications (067) (7184535293).jpg|thumb|upright|Medical Officer Alexander Fleming, M. D., examines a portion of a 240-volume new drug application around the late 1980s. Applications grew considerably after the efficacy mandate under the 1962 Drug Amendments.]]
Concerns about the length of the drug approval process were brought to the fore early in the [[AIDS]] epidemic. In the late 1980s, [[ACT-UP]] and other [[HIV]] activist organizations accused the FDA of unnecessarily delaying the approval of medications to fight HIV and opportunistic infections, and staged large protests, such as a confrontational October 11, 1988 action at the FDA campus which resulted in nearly 180 arrests.<ref>http://www.actupny.org/documents/cron-88.html ACT-UP NY timeline</ref> In August of 1990, [[Louis Lasagna|Dr. Louis Lasagna]], then chairman of a presidential advisory panel on drug approval, estimated that thousands of lives were lost each year due to delays in approval and marketing of drugs for cancer and AIDS.<ref> Faster Approval of AIDS Drugs Is Urged, The New York Times, August 16, 1990, Thursday, Late Edition - Final, Section B; Page 12, Column 4; National Desk, 830 words, By ROBERT PEAR, Special to The New York Times, WASHINGTON, Aug. 15</ref> Partly in response to these criticisms, the FDA introduced procedures to expedite approval of drugs for life threatening diseases, and exanded pre-approval access to drugs for patients with limited treatment options.<ref>http://www.fda.gov/oashi/aids/expanded.html FDA Website: Expanded Access and Expedited Approval of New Therapies Related to HIV/AIDS</ref>
 
Outside of the US, the drug [[thalidomide]] was marketed for the relief of general nausea and [[morning sickness]], but caused birth defects and even the death of thousands of babies when taken during pregnancy.<ref>{{cite web | url = http://www.library.arizona.edu/exhibits/udall/congrept/87th/620817.html | title = Report of Congressman Morris Udall on thalidomide and the Kefauver hearings | publisher = University of Arizona Library | archive-url = https://web.archive.org/web/20100729124333/http://www.library.arizona.edu/exhibits/udall/congrept/87th/620817.html | archive-date=July 29, 2010 }}</ref> American mothers were largely unaffected as [[Frances Oldham Kelsey]] of the FDA refused to authorize the medication for market. In 1962, the [[Kefauver-Harris Amendment]] to the FD&C Act was passed, which represented a "revolution" in FDA regulatory authority.<ref>{{cite journal | vauthors = Temple R | title = Policy developments in regulatory approval | journal = Statistics in Medicine | volume = 21 | issue = 19 | pages = 2939–2948 | date = October 2002 | pmid = 12325110 | doi = 10.1002/sim.1298 | url = https://zenodo.org/record/1229361 | access-date = June 19, 2019 | url-status = live | s2cid = 24779317 | archive-url = https://web.archive.org/web/20181127125144/https://zenodo.org/record/1229361 | archive-date = November 27, 2018 }}</ref> The most important change was the requirement that all new drug applications demonstrate "substantial evidence" of the drug's efficacy for a marketed indication, in addition to the existing requirement for pre-marketing demonstration of safety. This marked the start of the FDA approval process in its modern form.
All of the initial drugs approved for the treatment of HIV/AIDS were approved through accelerated approval mechanisms. For example, a "treatment IND" was issued for the first HIV drug, AZT, in 1985, and approval was granted just two years later in 1987.<ref>http://www.fda.gov/fdac/special/newdrug/speeding.html FDA report on accelerated approval process</ref> Three of the first five drugs targeting HIV were approved in the United States before they were approved in any other country.<ref>http://www.fda.gov/bbs/topics/NEWS/NEW00519.html FDA press release on 3TC approval</ref> However, though in recent years the FDA has implemented a "fast track" for what are seen by them as high priority drugs, it still averages 12-15 years to bring a new therapy to market.<ref>Becker, Gary. [http://www.aei.brookings.org/policy/page.php?id=184 Power to the Patients]. AEI-Brookings Joint Center Policy Matters 04-15. Originally published in The Milken Institute Review, 2nd quarter 2004.</ref>
 
These reforms had the effect of increasing the time, and the difficulty, required to bring a drug to market.<ref name="'70s 180">{{Cite book |title=How We Got Here: The '70s | vauthors = Frum D |author-link=David Frum |year=2000 |publisher=Basic Books |___location=New York, New York |isbn=978-0-465-04195-4 |page=[https://archive.org/details/howwegothere70sd00frum/page/180 180] |url=https://archive.org/details/howwegothere70sd00frum/page/180}}</ref> One of the most important statutes in establishing the modern American pharmaceutical market was the 1984 [[Drug Price Competition and Patent Term Restoration Act]], more commonly known as the "Hatch-Waxman Act" after its chief sponsors. The act extended the patent exclusivity terms of new drugs, and tied those extensions, in part, to the length of the FDA approval process for each individual drug. For generic manufacturers, the Act created a new approval mechanism, the [[Abbreviated New Drug Application]] (ANDA), in which the generic drug manufacturer need only demonstrate that their generic formulation has the same active ingredient, route of administration, dosage form, strength, and [[pharmacokinetics|pharmacokinetic]] properties ("bioequivalence") as the corresponding brand-name drug. This Act has been credited with, in essence, creating the modern generic drug industry.<ref name="HatchWaxman">{{cite journal | vauthors = Karki L |year=2005 |title=Review of FDA Law Related to Pharmaceuticals: The Hatch-Waxman Act, Regulatory Amendments and Implications for Drug Patent Enforcement |journal=Journal of the Patent & Trademark Office Society |volume=87 |pages=602–620}}</ref>
A national survey of neurologists and neurosurgeons in 1998 revealed that 67% of them believe that the FDA takes too long to approve new drugs and medical devices. 73% of them believe that unapproved drugs and devices should be made available to them provided there is a warning lable indicating the unapproved status. 58% agree that the approval process costs lives. 80% of them say that on at least on occation that the approval process has prevented them from treating their patients with the best possible care. 73% of them say that the public has little or no understanding of the tradeoffs and human toll involved in the lengthy approval process.<ref>[http://www.cei.org/utils/printer.cfm?AID=1586 A National Survey Of Neurologists And Neurosurgeons Regarding The Food And Drug Administration, Executive Sumamary]. Competitive Enterprise Institute. Full Study in Adobe PDF form: [http://www.cei.org/pdf/1586.pdf A NATIONAL SURVEY OF NEUROLOGISTS AND NEUROSURGEONS REGARDING THE FOOD AND DRUG ADMINISTRATION], prepared by The Polling Company</ref>
 
Concerns about the length of the drug approval process were brought to the fore early in the AIDS epidemic. In the mid- and late 1980s, [[ACT-UP]] and other HIV activist organizations accused the FDA of unnecessarily delaying the approval of medications to fight HIV and opportunistic infections.<ref>{{cite web |url=http://www.actupny.org/documents/cron-88.html |title=ACT UP/NY Chronology 1988 |access-date=March 14, 2015 |archive-date=February 2, 1998 |archive-url=https://web.archive.org/web/19980202195639/http://www.actupny.org/documents/cron-88.html |url-status=live}}</ref> Partly in response to these criticisms, the FDA issued new rules to expedite approval of drugs for life-threatening diseases, and expanded pre-approval access to drugs for patients with limited treatment options.<ref>{{cite web |url=https://www.fda.gov/ForConsumers/ByAudience/ForPatientAdvocates/SpeedingAccesstoImportantNewTherapies/ucm181838.htm |title=FDA Website: Expanded Access and Expedited Approval of New Therapies Related to HIV/AIDS |website=Food and Drug Administration |archive-date=November 1, 2013 |archive-url=https://web.archive.org/web/20131101115339/https://www.fda.gov/ForConsumers/ByAudience/ForPatientAdvocates/SpeedingAccesstoImportantNewTherapies/ucm181838.htm}}</ref> All of the initial drugs approved for the treatment of HIV/AIDS were approved through these accelerated approval mechanisms.<ref>{{cite web |url=https://www.fda.gov/fdac/special/newdrug/speeding.html |title=FDA report on accelerated approval process |website=Food and Drug Administration |archive-date=May 25, 2009 |archive-url=https://web.archive.org/web/20090525082655/https://www.fda.gov/fdac/special/newdrug/speeding.html}}</ref> Frank Young, then commissioner of the FDA, was behind the Action Plan Phase II, established in August 1987 for quicker approval of AIDS medication.<ref>{{Cite journal |title=Reagan, Regulation, and the FDA: The US Food and Drug Administration's Response to HIV/AIDS, 1980–90 | vauthors = Richert L |date=2009 |journal=Canadian Journal of History |volume=44 |issue=3 |pages=467–488 |doi=10.3138/cjh.44.3.467}}</ref>
====Criticism: FDA regulations disallow drug reimportation====
Some claim that the FDA unjustly opposes importation of cheaper drugs from foreign sources, which is held to be an anti-competitive policy that keeps drug prices artificially high in the United States. Prices of almost all pharmaceutical drugs in Europe are significantly lower than in the United States.<ref>http://www.stopfda.org/june99-ripoff.htm</ref>
 
In two instances, state governments have sought to legalize drugs that the FDA has not approved. Under the theory that federal law, passed pursuant to Constitutional authority, overrules conflicting state laws, federal authorities still claim the authority to seize, arrest, and prosecute for possession and sales of these substances,{{citation needed|date=June 2014}} even in states where they are legal under state law. The first wave was the legalization by 27 states of [[laetrile]] in the late 1970s. This drug was used as a treatment for cancer, but scientific studies both before and after this legislative trend found it ineffective.<ref>{{cite web |url=https://www.npr.org/templates/transcript/transcript.php?storyId=127773447 |title=Medicinal Marijuana: A Patient-Driven Phenomenon |date=June 14, 2010 |work=NPR.org |access-date=March 14, 2015 |archive-date=March 17, 2015 |archive-url=https://web.archive.org/web/20150317084419/http://www.npr.org/templates/transcript/transcript.php?storyId=127773447 |url-status=live}}</ref><ref name="quack-laetrile">{{cite web |url=http://www.quackwatch.com/01QuackeryRelatedTopics/Cancer/laetrile.html |title=The Rise and Fall of Laetrile |access-date=March 14, 2015 |archive-date=July 19, 2018 |archive-url=https://web.archive.org/web/20180719022002/http://www.quackwatch.com/01QuackeryRelatedTopics/Cancer/laetrile.html |url-status=live}}</ref> The second wave concerned [[medical marijuana]] in the 1990s and 2000s. Though [[Cannabis in Virginia|Virginia passed legislation]] allowing doctors to recommend cannabis for glaucoma or the side effects of chemotherapy, a more widespread trend began in California with the [[1996 California Proposition 215|Compassionate Use Act of 1996]].
Representatives of the pharmaceutical industry, which supports importation restrictions, respond that the lower prices are often due to government imposed price caps, not because of "competition" between markets.<ref>http://www.phrma.org/issues/researchdev/index.cfm</ref>
 
When the FDA requested [[Endo Pharmaceuticals]] on June 8, 2017, to remove an [[Modified-release dosage|extended-release]] formulation of ''[[oxymorphone hydrochloride]]'' from the market, it was the first request in FDA history to recall an effective drug over its potential for misuse.<ref>{{cite press release |date=June 8, 2017 |url=https://www.fda.gov/NewsEvents/Newsroom/PressAnnouncements/ucm562401.htm |title=FDA requests removal of Opana ER for risks related to abuse |publisher=Food and Drug Administration |access-date=October 26, 2017 |quote=Today, the U.S. Food and Drug Administration requested that Endo Pharmaceuticals remove its opioid pain medication, reformulated Opana ER (oxymorphone hydrochloride), from the market... This is the first time the agency has taken steps to remove a currently marketed opioid pain medication from sale due to the public health consequences of abuse...[FDA Commissioner Scott Gottlieb, M.D.]: "We are facing an opioid epidemic – a public health crisis, and we must take all necessary steps to reduce the scope of opioid misuse and abuse. |archive-date=November 4, 2017 |archive-url=https://web.archive.org/web/20171104114609/https://www.fda.gov/NewsEvents/Newsroom/PressAnnouncements/ucm562401.htm |url-status=dead}}</ref>
====Criticism: FDA restricts free speech in food and drug labeling====
The FDA has been criticized for prohibiting dietary supplement manufacturers from making "drug claims" on the labels of their products. Manufacturers of supplements (which are considered foods for regulatory purposes) are only allowed to make limited claims regarding how the supplement affects the structure or function of the body ([[structure/function claims]]), and are prohibited from stating that the supplement can prevent, cure, or mitigate a disease or condition. This restriction extends to cases in which there is ample scientific evidence to support those claims. For example, those who sell [[calcium]] are prohibited from mentioning that it reduces the risk of bone fractures.<ref>http://www.vrp.com/pdf/Emord-Editorial.pdf ''FDA and FTC Censorship of Health Information Must End''] by Jonathan W. Emord (pdf)</ref>
 
=== Trump administration ===
One critic, Representative [[Ron Paul]] (R-TX), introduced a bill on [[November 10]] [[2005]] titled the "Health Freedom Protection Act " (H.R. 4284),<ref>[http://www.lewrockwell.com/paul/paul288.html] "Free Speech and Dietary Supplements" by Representative Ron Paul, Before the US House of Representatives, November 10, 2005</ref> which proposes to stop "the FDA from censoring truthful claims about the curative, mitigative, or preventative effects of dietary supplements, and adopts the federal court’s suggested use of disclaimers as an alternative to censorship.<ref>http://www.lewrockwell.com/paul/paul288.html Free Speech and Dietary Supplements''</ref> Other critics, such as the [[Life Extension Foundation]], claim that the prohibitions are a violation of the Constitutional right to free speech.<ref>http://www.lef.org/featured-articles/consumer_alert_091905.htm</ref>
In February 2025, FDA food division head Jim Jones quit in protest of the "indiscriminate" layoffs of 89 staff members by the [[Second presidency of Donald Trump|Donald Trump administration]].<ref name="guard-18feb2025">{{cite news |last1=Gedeon |first1=Joseph |title=Food head at FDA quits citing Trump administration's mass staff cuts |url=https://www.theguardian.com/us-news/2025/feb/18/fda-food-head-quits-trump |access-date=February 18, 2025 |work=[[The Guardian]] |date=February 18, 2025}}</ref>
 
In May 2025, the FDA announced changes in its COVID-19 vaccine policy, intending to limit approved indications use for adults over 65 and individuals at higher risk of complications in the fall. For healthy Americans younger than 65, the agency indicated it would likely require additional clinical trials with placebo controls to demonstrate benefit before approving wider access.<ref name="Jewett-Mandavilli 2025">{{cite web |last=Jewett |first=Christina |last2=Mandavilli |first2=Apoorva |title=F.D.A. Poised to Restrict Access to Covid Vaccines |website=The New York Times |date=May 20, 2025 |url=https://www.nytimes.com/2025/05/20/health/fda-covid-vaccines.html |access-date=July 27, 2025}}</ref><ref name="Jewett-Astor 2025">{{cite web |last=Jewett |first=Christina |last2=Astor |first2=Maggie |title=The FDA May Restrict Covid Vaccines. Who Will Be Able to Get Them? |website=The New York Times |date=May 23, 2025 |url=https://www.nytimes.com/2025/05/23/health/covid-vaccine-restrictions-eligibility.html |access-date=July 27, 2025}}</ref>
The FDA also prevents providers of foods from making certain "drug claims." For example, the FDA has threatened the [[cherry]] industry with legal measures unless it stops mentioning certain health benefits.<ref>http://www.wjla.com/news/stories/1005/272655.html</ref><ref>http://www.cfsan.fda.gov/~dms/chrylist.html</ref> The FDA has sent letters to cherry distributors saying that when health benefits are mentioned, the cherries then become "drugs" that are subject to seizure.<ref>http://www.cfsan.fda.gov/~acrobat/chrltr11.pdf</ref>
 
==21st-century reforms==
====Prescription requirement====
An article in the libertarian magazine ''[[Reason (magazine)|Reason]]'' argued that the FDA should be more aggressive about switching medications to [[over-the-counter]] status. They also question the prescription requirement itself. The article cited two studies suggesting that over-the-counter status for drugs for conditions such as the [[common cold]] led to lower drug costs and fewer doctor visits. They also point out that in many countries, such as Canada, the U.K., and many European countries, that one need only ask permission from a pharmacist to obtain certain medicines which would require a doctor visit and prescription in the U.S.<ref>[http://www.reason.com/news/show/33117.html "Locking Up Life-Saving Drugs"], by Kerry Howley. Published in ''[[Reason (magazine)|Reason]]'', August/September 2005. Accessed 23 Feb 2007.</ref>
 
===Critical Path Initiative===
===Under-regulation===
The Critical Path Initiative<ref>{{cite web |url=https://www.fda.gov/ScienceResearch/SpecialTopics/CriticalPathInitiative/default.htm |title=Critical Path Initiative | author = Office of the Commissioner |publisher=Food and Drug Administration |date=February 8, 2019 |access-date=December 16, 2019 |archive-date=April 22, 2019 |archive-url=https://web.archive.org/web/20190422171814/https://www.fda.gov/ScienceResearch/SpecialTopics/CriticalPathInitiative/default.htm |url-status=dead}}</ref> is the FDA's effort to stimulate and facilitate a national effort to modernize the sciences through which FDA-regulated products are developed, evaluated, and manufactured. The Initiative was launched in March 2004, with the release of a report entitled Innovation/Stagnation: Challenge and Opportunity on the Critical Path to New Medical Products.<ref>{{cite web | url = https://www.fda.gov/ScienceResearch/SpecialTopics/CriticalPathInitiative/CriticalPathOpportunitiesReports/ucm077262.htm | title = Innovation or Stagnation: Challenge and Opportunity on the Critical Path to New Medical Products | archive-url = https://wayback.archive-it.org/7993/20180125032208/https://www.fda.gov/ScienceResearch/SpecialTopics/CriticalPathInitiative/CriticalPathOpportunitiesReports/ucm077262.htm | archive-date=January 25, 2018 | publisher = U.S. Food and Drug Administration | access-date = August 30, 2012 }}</ref>
In contrast to those who see the FDA as a source of excessive regulation, other critics believe that the FDA does not regulate strictly enough. According to this view, the FDA allows unsafe drugs on the market because of pressure from pharmaceutical companies, fails to ensure safety in drug storage and labelling, and allows the use of dangerous agricultural chemicals, food additives, and food processing techniques.
 
====Criticism:Patients' FDArights approvesto unsafeaccess unapproved drugs====
The [[Compassionate Investigational New Drug program]] was created after ''Randall v. U.S.'' ruled in favor of [[Robert C. Randall]] in 1978, creating a program for [[medical marijuana]].<ref>{{cite web |url=https://www.vice.com/en/article/the-us-government-has-sent-this-guy-300-joints-each-month-for-34-years/ |title=The US Government Has Sent This Guy 300 Joints Each Month for 34 Years |date=September 9, 2016 |access-date=October 14, 2017 |archive-date=October 14, 2017 |archive-url=https://web.archive.org/web/20171014142910/https://www.vice.com/en_us/article/dp3e4y/the-us-government-has-sent-this-guy-300-joints-each-month-for-34-years |url-status=live}}</ref>
Some critics believe that the FDA has been too willing to overlook safety concerns in approving new drugs. [[Dexfenfluramine]], [[troglitazone]] and [[Vioxx|rofecoxib]] (trade name Vioxx) are high-profile examples of drugs approved by the FDA which were later withdrawn from the market for posing unacceptable risks to patients.
 
A 2006 court case, ''[[Abigail Alliance v. von Eschenbach]]'', would have forced radical changes in FDA regulation of unapproved drugs. The Abigail Alliance argued that the FDA must license drugs for use by terminally ill patients with "desperate diagnoses", after they have completed Phase I testing.<ref>{{cite web |url=http://www.abigail-alliance.org/WLF_FDA.pdf |title=Abigail Alliance Citizen Petition to FDA |access-date=March 11, 2007 |archive-url=https://web.archive.org/web/20070221153207/http://abigail-alliance.org/WLF_FDA.pdf |archive-date=February 21, 2007}}&nbsp;{{small|(119&nbsp;KB)}}</ref> The case won an initial appeal in May 2006, but that decision was reversed by a March 2007 rehearing. The [[US Supreme Court]] declined to hear the case, and the final decision denied the existence of a right to unapproved medications.
[[Dexfenfluramine]] was a diet drug which had been available outside the United States for several years. Critics charge that the FDA failed to pay attention to safety concerns raised by post-marketing data from abroad, which indicated an increased risk of [[pulmonary hypertension]].{{who}} [[Troglitazone]] is a [[diabetes]] drug that was also available abroad at the time the FDA approved it. Like dexfenfluramine, post-marketing safety data indicated that the drug had dangerous side-effects (in this case [[liver failure]]). The drug was approved over the objections of several FDA reviewers,{{Fact|date=February 2007}} and was later pulled from the market.
 
[[Criticism of the Food and Drug Administration|Critics]] of the FDA's regulatory power argue that the FDA takes too long to approve drugs that might ease pain and human suffering faster if brought to market sooner. The AIDS crisis created some political efforts to streamline the approval process. However, these limited reforms were targeted for AIDS drugs, not for the broader market. This has led to the call for more robust and enduring reforms that would allow patients, under the care of their doctors, access to drugs that have passed the first round of clinical trials.<ref>{{cite book | vauthors = Madden BJ |url=https://archive.org/details/freetochoosemedi0000madd |title=Free To Choose Medicine: How Faster Access to New Drugs Would Save Countless Lives and End Needless Suffering: Bartley J. Madden: 9781934791325: Amazon.com: Books |date=July 2010 |publisher=Heartland Institute |isbn=978-1-934791-32-5}}</ref><ref>{{cite news |url=https://www.wsj.com/articles/SB10001424052702303812104576441610360466984 |work=The Wall Street Journal | vauthors = Boldrin M, Swamidass SJ |title=A New Bargain for Drug Approvals |date=July 25, 2011 |url-access=subscription |access-date=August 3, 2017 |archive-date=July 9, 2017 |archive-url=https://web.archive.org/web/20170709173632/https://www.wsj.com/articles/SB10001424052702303812104576441610360466984 |url-status=live}}</ref>
In the case of [[Vioxx]], a pre-approval study indicated that a group taking the drug had four times the risk of heart attacks when compared to another group of patients taking another anti-inflammatory, [[naproxen]].<ref>http://www.ncbi.nlm.nih.gov/entrez/query.fcgi?db=pubmed&cmd=Retrieve&dopt=AbstractPlus&list_uids=11087881&query_hl=10&itool=pubmed_docsum The VIGOR study (Pubmed)</ref> During the FDA approval process, the manufacturer of Vioxx ([[Merck]]) argued that naproxen had aspirin-like protective effects, an explanation which the FDA approval board accepted. In 2005, the results of a randomized, placebo-controlled study showed that Vioxx users suffered a higher rate of heart attacks and other cardiovascular disorders than patients taking no medication at all.<ref>http://www.ncbi.nlm.nih.gov/entrez/query.fcgi?db=pubmed&cmd=Retrieve&dopt=AbstractPlus&list_uids=15713943&query_hl=10&itool=pubmed_docsum The APPROVe study (Pubmed)</ref> Faced with numerous lawsuits, the manufacturer voluntarily withdrew it from the market in 2004. The example of Vioxx has been prominent in an ongoing debate over whether new drugs should be evaluated on the basis of their absolute safety, or their safety relative to existing treatments for a given condition.
 
===Post-marketing drug safety monitoring===
[[David Graham]], a scientist with the FDA, says he was pressured by his supervisors not to warn the public about dangers of drugs like Vioxx, and has recommended to congress that a separate agency be created which is dedicated to continuously monitoring drug safety.{{Fact|date=February 2007}}. Almost one-fifth of FDA scientists surveyed said they had been pressured to recommend approval of a new drug, regardless of their own opinion of its safety, effectiveness or quality.{{Fact|date=February 2007}}
The widely publicized recall of [[Vioxx]], a [[non-steroidal anti-inflammatory drug]] (NSAID) now estimated to have contributed to fatal [[myocardial infarction|heart attacks]] in thousands of Americans, played a strong role in driving a new wave of safety reforms at both the FDA rulemaking and statutory levels. The FDA approved Vioxx in 1999, and initially hoped it would be safer than previous NSAIDs due to its reduced risk of intestinal tract bleeding. However, a number of pre and post-marketing studies suggested that Vioxx might increase the risk of myocardial infarction, and results from the APPROVe trial in 2004 conclusively demonstrated this.<ref>{{cite journal | vauthors = Bresalier RS, Sandler RS, Quan H, Bolognese JA, Oxenius B, Horgan K, Lines C, Riddell R, Morton D, Lanas A, Konstam MA, Baron JA | title = Cardiovascular events associated with rofecoxib in a colorectal adenoma chemoprevention trial | journal = The New England Journal of Medicine | volume = 352 | issue = 11 | pages = 1092–1102 | date = March 2005 | pmid = 15713943 | doi = 10.1056/NEJMoa050493 | s2cid = 8161299 | doi-access = free }}</ref>
 
Faced with numerous lawsuits, the manufacturer voluntarily withdrew it from the market. The example of Vioxx has been prominent in an ongoing debate over whether new drugs should be evaluated on the basis of their absolute safety, or their safety relative to existing treatments for a given condition. In the wake of the Vioxx recall, there were widespread calls by major newspapers, medical journals, consumer advocacy organizations, lawmakers, and FDA officials<ref name="Graham">{{cite web |url=http://www.finance.senate.gov/imo/media/doc/111804dgtest.pdf |title=David Graham's 2004 testimony to Congress |access-date=August 30, 2012 |archive-date=September 25, 2012 |archive-url=https://web.archive.org/web/20120925094651/http://www.finance.senate.gov/imo/media/doc/111804dgtest.pdf |url-status=live}}&nbsp;{{small|(28.3&nbsp;KB)}} Retrieved August 30, 2012.</ref> for reforms in the FDA's procedures for pre- and post-market drug safety regulation.
====Criticism: FDA approves unsafe food additives and processing technologies====
Food safety advocates have criticized the FDA for allowing meat manufacturers to use carbon monoxide gas mixtures during the packaging process to prevent discoloration of meat. This discoloration is an important indicator that the meat is spoiling due to bacterial growth. The United States is the only country that allows this technology. Such technology has been banned in Europe.<ref>http://www.post-gazette.com/pg/06050/657804.stm</ref> The [[food irradiation|irradiation of food]] for purposes of safety and longer shelf life is regulated by the FDA. The FDA has concluded that such irradiation is safe;<ref>http://www.fda.gov/opacom/catalog/irradbro.html "Food Irradiation: A Safe Measure", U.S. Food and Drug Administration, January 2000</ref> though controversy continues, including the extent to which irradiation removes nutritional elements from meats and produce.{{Fact|date=February 2007}} The FDA is responsible for logo that must be placed on irradiated products to inform the consumer.
 
In 2006, a [[United States congressional committee|Congressional committee]] was appointed by the [[Institute of Medicine]] to review pharmaceutical safety regulation in the U.S. and to issue recommendations for improvements. The committee was composed of 16 experts, including leaders in clinical medicine medical research, economics, [[biostatistics]], law, public policy, public health, and the allied health professions, as well as current and former executives from the [[drug company|pharmaceutical]], hospital, and [[health insurance]] industries. The authors found major deficiencies in the current FDA system for ensuring the safety of drugs on the American market. Overall, the authors called for an increase in the regulatory powers, funding, and independence of the FDA.<ref name = "Henderson_2006">{{Cite web | vauthors = Henderson D |title=Panel: FDA needs more power, funds |work=[[The Boston Globe]] |date=September 23, 2006 | url = http://www.boston.com/business/healthcare/articles/2006/09/23/panel_fda_needs_more_power_funds/ | archive-url = https://web.archive.org/web/20121023223500/http://www.boston.com/business/healthcare/articles/2006/09/23/panel_fda_needs_more_power_funds/ | archive-date = October 23, 2012 }}</ref><ref>{{cite book | chapter-url = http://www.nap.edu/openbook.php?record_id=11750&page=205 | publisher = Books.nap.edu | archive-url = https://web.archive.org/web/20121025132523/http://www.nap.edu/openbook.php?record_id=11750&page=205 | archive-date=October 25, 2012 | chapter = Executive Summary of the 2006 IOM Report | title = The Future of Drug Safety: Promoting and Protecting the Health of the Public | date = 2007 | doi = 10.17226/11750 | isbn = 978-0-309-10304-6 }}</ref> Some of the committee's recommendations were incorporated into drafts of the PDUFA IV amendment, which was signed into law as the [[Food and Drug Administration Amendments Act of 2007]].<ref>{{cite web |url=https://www.fda.gov/oc/initiatives/advance/fdaaa.html |title=Food and Drug Administration Amendments Act (FDAAA) of 2007 |publisher=Food and Drug Administration |access-date=March 14, 2015 |archive-date=May 25, 2009 |archive-url=https://web.archive.org/web/20090525082137/http://www.fda.gov/oc/initiatives/advance/fdaaa.html |url-status=dead}}</ref>
The FDA has been criticised for allowing the use of recombinant [[Bovine somatotropin|bovine growth hormone]] (rBGH) in dairy cows. rBGH-treated cows secrete higher levels of [[insulin-like growth factor 1]] (IGF-1) in their milk than do untreated cows. IGF-1, a natural growth factor which is identical in cows and humans, is involved in cell growth and survival. IGF-1 signalling is thought to play a role in sustaining the growth of some tumors, although it is not generally considered a carcinogen. The FDA approved rBGH for use in dairy cows in 1993, after concluding that humans drinking such milk were unlikely to absorb biologically significant quantities of bovine IGF-1.<ref>http://www.ncbi.nlm.nih.gov/entrez/query.fcgi?db=pubmed&cmd=Retrieve&dopt=AbstractPlus&list_uids=2203142&query_hl=2&itool=pubmed_DocSum Abstract of report in Science regarding the pending FDA approval of recombinant bovine growth hormone</ref> A 1999 report of the European Commission Scientific Committee on Veterinary Measures relating to Public Health noted that scientific questions persist regarding the theoretical health risks of milk from rBGH-treated cows, particularly for feeding to infants.<ref>http://ec.europa.eu/food/fs/sc/scv/out19_en.html 1999 report of the European Commission Scientific Committee on Veterinary Measures relating to Public Health</ref> Since 1993, all EU countries have maintained a moratorium on rBGH use in dairy cattle. As of March 2007, very little scientific information existed about the [[epidemiologic]] relationship between human disease and the dietary ingestion of [[IGF-1]] from BGH-treated anmials. For this reason, it is difficult to know whether criticism of the FDA for allowing BGH treatment of dairy cows is justified by the scientific evidence.
 
As of 2011, Risk Minimization Action Plans (RiskMAPS) have been created to ensure risks of a drug never outweigh the benefits of that drug within the post-marketing period. This program requires that manufacturers design and implement periodic assessments of their programs' effectiveness. The Risk Minimization Action Plans are set in place depending on the overall level of risk a prescription drug is likely to pose to the public.<ref>{{cite journal | vauthors = Qato DM, Alexander GC | title = Improving the Food and Drug Administration's mandate to ensure postmarketing drug safety | journal = JAMA | volume = 306 | issue = 14 | pages = 1595–1596 | date = October 2011 | pmid = 21990303 | doi = 10.1001/jama.2011.1457 }}</ref>
The FDA has also been criticised for permitting the routine use of [[antibiotic]]s in healthy domestic animals to promote their growth. This practice contributes to antibiotic-resistant strains of bacteria.<ref>{{cite journal |author=Myllys V, Honkanen-Buzalski T, Huovinen P, Sandholm M, Nurmi E |title=Association af changes in the bacterial ecology of bovine mastitis with changes in the use of milking machines and antibacterial drugs |journal=Acta Vet Scand |volume=35 |issue=4 |pages=363-9 |year=1994 |pmid=7676918}}</ref>
The FDA appears to be taking steps to limit the use of antibiotics in farm animals. In September 2005, the FDA withdrew approval for the use of the [[fluoroquinolone]] antibiotic [[enrofloxacin]] (trade name Baytril) in poultry, out of concern that this practice could promote the [[evolution]] of bacteria resistant to important human antibiotics such as [[ciprofloxacin]].<ref>http://www.fda.gov/cvm/FQWithdrawal.html FDA statement on withdrawal of Baytril for use in poultry</ref>
 
===Pediatric drug testing===
The FDA has received criticism for its approval of certain coal tar derived food dyes such as FDC [[Tartrazine|yellow 5]] and [[Sunset Yellow FCF|6]], which are banned in most European countries. However, many studies of these compounds have failed to demonstrate heath risks. For example, a Japanese group found in 1987 that tartrazine was not carcinogenic even after being fed to mice for two years.<ref>{{cite journal |author=Maekawa A, Matsuoka C, Onodera H, Tanigawa H, Furuta K, Kanno J, Jang J, Hayashi Y, Ogiu T |title=Lack of carcinogenicity of tartrazine (FD & C Yellow No. 5) in the F344 rat |journal=Food Chem Toxicol |volume=25 |issue=12 |pages=891-6 |year=1987 |pmid=3692395}}</ref>
Prior to the 1990s, only 20% of all drugs prescribed for children in the United States were tested for safety or efficacy in a pediatric population.<ref>{{cite journal | vauthors = Temeck J |title=Pediatric Product Development in the U.S. |journal=FDA Seminar, Copenhagen |date=November 2010}}</ref> This became a major concern of [[pediatrician]]s as evidence accumulated that the physiological response of children to many drugs differed significantly from those drugs' effects on adults. Children react differently to the drugs because of many reasons, including size, weight, etc. There were several reasons that few medical trials were done with children. For many drugs, children represented such a small proportion of the potential market, that drug manufacturers did not see such testing as cost-effective.<ref name = "PedReg"/>
In addition, a German group found in 1989 that Sunset Yellow did not induce mutations that could lead to cancer in laboratory animals.<ref>{{cite journal |author=Wever J, Münzner R, Renner H |title=Testing of sunset yellow and orange II for genotoxicity in different laboratory animal species |journal=Environ Mol Mutagen |volume=13 |issue=3 |pages=271-6 |year=1989 |pmid=2651119}}</ref>
 
Also, the belief that children are ethically restricted in their ability to give [[informed consent]] brought increased governmental and institutional hurdles to approval of these clinical trials, and greater concerns about [[legal liability]]. Thus, for decades, most medicines prescribed to children in the U.S. were done so in a non-FDA-approved, "off-label" manner, with dosages "extrapolated" from adult data through body weight and body-surface-area calculations.<ref name = "PedReg"/>
===FDA bias===
====Criticism: Pharmaceutical companies have excessive influence over the FDA====
Critics have disputed the claim that the Prescription Drug User Fee Amendment has improved the speed of drug approvals.<ref>{{cite journal |author=Carpenter D. et al. |title=Approval times for new drugs: does the source of funding for FDA staff matter?
|journal=Health Affairs (Millwood) |year=2003 |volume=Suppl Web Exclusives:W3 |pages=618-24 |pmid=15506165}}</ref> The advocacy group Consumer Union has claimed that the primary effect of this program has been to increase the influence of the pharmaceutical industry on FDA policy,<ref>http://www.consumersunion.org/pub/campaigndrugcosts/004249.html Consumer Union statement about PDUFA IV</ref> similar to the effect meat industry user fees have had on the [[USDA]].<ref>http://www.azcentral.com/arizonarepublic/business/articles/0223biz-meat0223.html Recent USDA inspection guideline changes have ignited strong reaction from meat industry institute</ref>
 
In an initial FDA attempt to address this issue they produced the 1994 FDA Final Rule on Pediatric Labeling and Extrapolation, which allowed manufacturers to add pediatric labeling information, but required drugs that had not been tested for pediatric safety and efficacy to bear a disclaimer to that effect. However, this rule failed to motivate many drug companies to conduct additional pediatric drug trials. In 1997, the FDA proposed a rule to require pediatric drug trials from the sponsors of [[New Drug Application]]s. However, this new rule was successfully preempted in federal court as exceeding the FDA's statutory authority.<ref name="PedReg">{{Cite journal |author=Politis P |year=2005 |title=Transition From the Carrot to the Stick: The Evolution of Pharmaceutical Regulations Concerning Pediatric Drug Testing |journal=Widener Law Review |volume=12 |page=271}}</ref>
A 2005 investigation by reporters from the prestegious science journal ''Nature'' found that 70% of FDA panels writing clinical guidelines on prescription drug usage contained at least one member with financial links to drug companies whose products were covered by those guidelines. In the most egregious instance, every member of a panel which reccommended the use of epoeitin alfa in HIV patients had received money from a manufacturer of that drug.<ref>http://www.nature.com/news/2005/051017/full/4371070a.html</ref> On March 21, 2007, the FDA announced new guidelines for disqualifying experts from serving or voting on advisory committees if they had recieved financial compensation from a drug company potentially affected by the committee's recccomendations.<ref>[http://www.fda.gov/bbs/topics/NEWS/2007/NEW01591.html] FDA press release on new conflict-of-interest guidelines for Advisory Committee members</ref>
 
While this debate was unfolding, Congress used the [[Food and Drug Administration Modernization Act|Food and Drug Administration Modernization Act of 1997]] to pass incentives that gave pharmaceutical manufacturers a six-month patent term extension on new drugs submitted with pediatric trial data. The [[Best Pharmaceuticals for Children Act|Best Pharmaceuticals for Children Act of 2007]] reauthorized these provisions and allowed the FDA to request [[National Institutes of Health|NIH]]-sponsored testing for pediatric drug testing, although these requests are subject to NIH funding constraints. In the Pediatric Research Equity Act of 2003, Congress codified the FDA's authority to mandate manufacturer-sponsored pediatric drug trials for certain drugs as a "last resort" if incentives and publicly funded mechanisms proved inadequate.<ref name="PedReg"/>
The FDA has been criticized regarding its delayed approval of foreign drugs to protect the US pharmaceutical companies from foreign competition. Eli Lilly's Fluoxetine was the first SSRI to be approved by the FDA. Kali-Duphar, the Dutch manufacturer of another antidepressant fluvoxamine, had first attempted to apply for FDA review in the early 1980s (much earlier than Eli Lilly) but fluvoxamine was not approved until the rights were bought by the US pharmaceutical company Reid Rowell. Critics have suggested that the FDA was attempting to protect Eli-Lilly's fluoxetine so it could gain a foothold in the US market before approving fluvoxamine.<ref>Schlesser, Jerry. "Drugs Available Abroad". Gale Research, 1991.</ref>
 
===Priority review voucher (PRV)===
Similarly, the FDA has blocked the approval of the French sunblock [[Meroxyl]] and critics have suggested that the reason behind this was an attempt to protect US sunscreen manufacturers. Helioplex is a sunscreen additive manufactured by the Neutrogena division of the US pharmaceutical giant Johnson and Johnson. Helioplex will soon hit the US market and is the only US competition to Meroxyl. Even though helioplex is not a sunscreen itself, it prevents the breakdown of avobenzone and oxybenzone, which are two US approved sunscreens.<ref>Rundle, Rhonda L., for the ''Wall Street Journal''. [http://www.ascdas.org/news/sunscreens.htm "New Sunscreens Promise Advances in Protection"]. 27 December 2005.</ref> Meroxyl, which helps prevent skin-cancer by blocking UVA rays from the sun, has been available in Canada and Europe since 1993 but the FDA did not allow it to be sold in the U.S. until 2006.<ref>http://www.usatoday.com/news/health/2006-07-24-sunscreen_x.htm?csp=34 July 24, 2006 USA Today article: Long-awaited sunscreen approved for sale in U.S.</ref>
The [[priority review voucher]] is a provision of the [[Food and Drug Administration Amendments Act of 2007]], which awards a transferable "priority review voucher" to any company that obtains approval for a treatment for a [[neglected tropical diseases]]. The system was first proposed by [[Duke University]] faculty David Ridley, Henry Grabowski, and Jeffrey Moe in their 2006 ''[[Health Affairs]]'' paper: "Developing Drugs for Developing Countries".<ref name=Ridley06>{{cite journal | vauthors = Ridley DB, Grabowski HG, Moe JL | title = Developing drugs for developing countries | journal = Health Affairs | volume = 25 | issue = 2 | pages = 313–324 | year = 2006 | pmid = 16522573 | doi = 10.1377/hlthaff.25.2.313 | hdl-access = free | doi-access = free | hdl = 10161/7017 }}</ref> President Obama signed into law the [[Food and Drug Administration Safety and Innovation Act|Food and Drug Administration Safety and Innovation Act of 2012]], which extended the authorization until 2017.<ref name="PLAW_2012">{{cite web |url=http://www.gpo.gov/fdsys/pkg/PLAW-112publ144/pdf/PLAW-112publ144.pdf |title=Section 529 Rare Pediatric Disease Priority Review Voucher Incentive Program, Public Law 112-144 |publisher=Public Law |date=July 9, 2012 |access-date=November 19, 2015 |archive-date=March 6, 2016 |archive-url=https://web.archive.org/web/20160306214504/https://www.gpo.gov/fdsys/pkg/PLAW-112publ144/pdf/PLAW-112publ144.pdf |url-status=live}}</ref>
 
===Rules for generic biologics===
====Criticism: FDA discriminates against homosexuals in blood donation====
Since the 1990s, many successful new drugs for the treatment of cancer, [[autoimmunity|autoimmune diseases]], and other conditions have been [[protein]]-based [[biologic medical product|biotechnology drugs]], regulated by the [[Center for Biologics Evaluation and Research]]. Many of these drugs are extremely expensive; for example, the anti-cancer drug [[Avastin]] costs $55,000 for a year of treatment,<ref>{{Cite web |title=The Avastin Paradox |url=https://www.technologyreview.com/2009/07/13/30529/the-avastin-paradox/ |access-date=January 6, 2022 |website=MIT Technology Review |language=en |archive-date=January 6, 2022 |archive-url=https://web.archive.org/web/20220106123457/https://www.technologyreview.com/2009/07/13/30529/the-avastin-paradox/ |url-status=live }}</ref> while the [[enzyme replacement therapy]] drug [[Imiglucerase|Cerezyme]] costs $200,000 per year, and must be taken by [[Gaucher's disease]] patients for life.<ref name="govtrack.us">{{cite web |url=https://www.govtrack.us/congress/bills/110/hr1038 |title=To amend the Public Health Service Act to provide for the licensing of comparable and interchangeable biological products, and for other purposes. (2007; 110th Congress H.R. 1038) – GovTrack.us |work=GovTrack.us |access-date=March 14, 2015 |archive-date=January 12, 2015 |archive-url=https://web.archive.org/web/20150112032213/https://www.govtrack.us/congress/bills/110/hr1038 |url-status=live}}</ref>
Blood collecting organizations, such as the [[American Red Cross]], have policies in accordance with FDA guidlines that prohibit accepting blood donations from any "male who has had sex with another male since 1977, even once". The inclusion of homo- and bisexual men on the prohibited list has created some controversy,<ref>http://www.harbus.org/main.cfm?include=detail&storyid=171199&page=2 2002 article in The Harbus regarding the blood donor guideline controversy</ref> but the FDA and [[Red Cross]] cite the need to protect blood recipients from HIV as justification for the continued ban.<ref>http://www.fda.gov/cber/faq/bldfaq.htm CBER blood products FAQ</ref> The issue, even with [[nucleic acid testing]] of blood products, is that a "[[window period]]" of negative HIV test results on an HIV-positive unit of blood still exists. All potential donors from HIV high risk groups are deferred for this reason, and will likely continue to be so deferred until the window period is no longer an issue. The issue has been periodically revisited by the Blood Products Advisory Comittee within the FDA Center for Biologics Evaluation and Research. Documentation from these meetings is available.<ref>http://www.fda.gov/ohrms/dockets/ac/acmenu.htm FDA advisory comittee documents</ref>
 
Biotechnology drugs do not have the simple, readily verifiable chemical structures of conventional drugs, and are produced through complex, often proprietary, techniques, such as transgenic mammalian cell cultures. Because of these complexities, the 1984 [[Drug Price Competition and Patent Term Restoration Act|Hatch-Waxman Act]] did not include biologics in the [[Abbreviated New Drug Application]] (ANDA) process. This precluded the possibility of generic drug competition for biotechnology drugs. In February 2007, identical bills were introduced into the House to create an ANDA process for the approval of generic biologics, but were not passed.<ref name="govtrack.us"/>
 
===Mobile medical applications===
In 2013, a guidance was issued to regulate [[mobile medical apps|mobile medical applications]] and protect users from their unintended use. This guidance distinguishes the apps subjected to regulation based on the marketing claims of the apps.<ref>{{cite web |url=https://www.fda.gov/MedicalDevices/ProductsandMedicalProcedures/ConnectedHealth/MobileMedicalApplications/ucm255978.htm |title=Mobile Medical Applications |publisher=Food and Drug Administration |access-date=March 14, 2015 |archive-date=September 4, 2015 |archive-url=https://web.archive.org/web/20150904095950/http://www.fda.gov/MedicalDevices/ProductsandMedicalProcedures/ConnectedHealth/MobileMedicalApplications/ucm255978.htm |url-status=dead}}</ref> Incorporation of the guidelines during the development phase of these apps has been proposed for expedited market entry and clearance.<ref>{{cite journal | vauthors = Yetisen AK, Martinez-Hurtado JL, da Cruz Vasconcellos F, Simsekler MC, Akram MS, Lowe CR | title = The regulation of mobile medical applications | journal = Lab on a Chip | volume = 14 | issue = 5 | pages = 833–840 | date = March 2014 | pmid = 24425070 | doi = 10.1039/C3LC51235E }}</ref>
 
===Electronic Submissions Gateway (ESG)===
 
To standardize, automate and streamline the flow of regulatory data, FDA introduced an Electronic Submissions Gateway (ESG) in 2006. This gateway allows reporting organizations to send regulatory submissions to different centers over the internet, packaged in a center-specific format and enveloped as a GNU-compatible .tar.gz file, through either a FDA-specific WebTrader application<ref>{{cite web |title=Setting up a WebTrader Account Checklist |url=https://www.fda.gov/industry/create-esg-account/setting-webtrader-account-checklist | publisher = U.S. Food and Drug Administ ration|date=May 12, 2023 }}{{dead link|date=May 2025|bot=medic}}{{cbignore|bot=medic}}</ref> or via a more generic B2B communication protocol called AS2 (Applicability Statement 2).<ref>{{cite web |title=AS2 Protocol |url=https://aayutechnologies.com/docs/as2/as2-protocol/ |website=Aayu Technologies}}</ref>
 
For WebTrader, which is recommended for manual, small-volume submissions, users would typically install a client application<ref>{{cite web |title=Food and Drug Administration |url=https://www.fda.gov/media/156910/download?attachment | publisher = U.S. Food and Drug Administ ration}}</ref> on their computers and upload the package through it to FDA server. In AS2, which is recommended for automated or high-volume submissions, users can use any standard AS2 software to transmit the package to FDA by including additional routing details on top of standard AS2, in the form of custom HTTP request headers.<ref>{{cite web |title=ESG Appendix F: AS2 Header Attributes |url=https://www.fda.gov/industry/about-esg/esg-appendix-f-as2-header-attributes | publisher = U.S. Food and Drug Administ ration|date=June 10, 2024 }}</ref>
 
==Criticism==
{{Main|Criticism of the Food and Drug Administration}}
 
[[File:Comparison of pasta with sliced franks in tomato sauce with dried white beans based on the FDA Nutrition Facts label and the proposed Nutrition Facts label.pdf|thumb|Comparison of pasta with sliced franks in tomato sauce with dried white beans based on the FDA Nutrition Facts label and the proposed Nutrition Facts label]]
 
The FDA has regulatory oversight over a large array of products that affect the health and life of American citizens.<ref name="FDAHist"/> As a result, the FDA's powers and decisions are carefully monitored by several governmental and non-governmental organizations. A $1.8{{nbsp}}million 2006 [[Institute of Medicine]] report on pharmaceutical regulation in the U.S. found major deficiencies in the current FDA system for ensuring the safety of drugs on the American market. Overall, the authors called for an increase in the [[regulations|regulatory powers]], funding, and independence of the FDA.<ref name = "Henderson_2006" /><ref>{{Cite web |date=July 2, 2010 |title=The Future of Drug Safety: Promoting and Protecting the Health of the Public |url=http://www.nap.edu/catalog.php?record_id=11750 |archive-url=https://web.archive.org/web/20100702001617/http://www.nap.edu/catalog.php?record_id=11750 |archive-date=July 2, 2010 |access-date=January 2, 2025 |website=nap.edu}}</ref>
 
A 2022 article from ''[[Politico]]'' raised concerns that food is not a high priority at the FDA. The report explains the FDA has structural and leadership problems in the food division and is often deferential to industry.<ref>{{cite web | vauthors = Bottemiller Evich H |title=How the FDA's food division fails to regulate health and safety hazards |url=https://www.politico.com/interactives/2022/fda-fails-regulate-food-health-safety-hazards/ |website=politico.com |publisher=Politico |access-date=April 4, 2022 |archive-date=April 9, 2022 |archive-url=https://web.archive.org/web/20220409111829/https://www.politico.com/interactives/2022/fda-fails-regulate-food-health-safety-hazards/ |url-status=live }}</ref> This might be attributed to [[lobbying]] and influence of [[Food politics|big food]] companies in Washington, D.C.<ref>{{cite web | vauthors = Doering C |title=Where the dollars go: Lobbying a big business for large food and beverage CPGs |url=https://www.fooddive.com/news/where-the-dollars-go-lobbying-a-big-business-for-large-food-and-beverage-c/607982/ |website=fooddive.com |publisher=Food Dive |access-date=April 18, 2022 |archive-date=March 19, 2022 |archive-url=https://web.archive.org/web/20220319090710/https://www.fooddive.com/news/where-the-dollars-go-lobbying-a-big-business-for-large-food-and-beverage-c/607982/ |url-status=live }}</ref>
 
== See also ==
{{Portal bar|Food|United States|Law|Medicine}}
* [[Institute of Food and Agricultural Sciences (IFAS)]]
* [[FrancesAdverse Oldham Kelseyreaction]]
* [[KefauverAdverse Harris Amendmentevent]]
* [[RAFTAdverse Programdrug (pharmaceutical)reaction]]
* [[Biosecurity]]
* [[Biosecurity in the United States]]
* [[Drug Efficacy Study Implementation]]
* [[Food and Drug Administration Modernization Act of 1997]]
* [[Investigational Device Exemption]]
* [[FDA Food Safety Modernization Act|FDA Food Safety Modernization Act of 2011]]
* [[European Medicines Agency]]
* [[FDA Fast Track Development Program]] (for drugs)
* [[Health Canada]]
* [[Food and Drug Administration Amendments Act of 2007]] (e.g. drugs)
* [[Japan Ministry of Health]]
* [[Food and Drug Administration Safety and Innovation Act|Food and Drug Administration Safety and Innovation Act of 2012]] (GAIN/QIDP etc.)
* [[Pharmaceutical company]]
* [[Inverse benefit law]]
* [[Investigational Device Exemption]] (for use in clinical trials)
* [[Kefauver Harris Amendment]] 1962 – required "proof-of-efficacy" for drugs
 
'''International:'''
==Further reading==
* [[Food Administration]]
* Philip J. Hilts, ''Protecting America's Health: The FDA, Business, and One Hundred Years of Regulation'', ISBN 0-375-40466-X
* [[International Conference on Harmonisation of Technical Requirements for Registration of Pharmaceuticals for Human Use]] (ICH)
* African Union: [[African Medicines Agency]]
* Australia: [[Therapeutic Goods Administration]]
* Brazil: [[National Health Surveillance Agency]]
* Canada: [[Marketed Health Products Directorate]]
* Canada: [[Health Canada]]
* Denmark: [[Danish Medicines Agency]]
* European Union: [[European Medicines Agency]]
* Germany: [[Federal Institute for Drugs and Medical Devices]]
* India: [[Food Safety and Standards Authority of India]]
* India: [[Central Drugs Standard Control Organization]]
* Japan: [[Ministry of Health, Labour and Welfare]] (MHLW)
* Japan: [[Pharmaceuticals and Medical Devices Agency]]
* Mexico: [[Federal Commission for the Protection against Sanitary Risk]]
* Philippines: [[Food and Drug Administration (Philippines)|Food and Drug Administration]] (FDA)
* Singapore: [[Health Sciences Authority]]
* United Kingdom: [[Medicines and Healthcare products Regulatory Agency]]
* United States: Food and Drug Administration
 
==References Notes ==
{{reflistNoteFoot}}
 
== External linksReferences ==
{{Reflist}}
===Food & Drug Administration Websites ===
* [http://www.fda.gov/ Food and Drug Administration Home Page]
** [http://www.fda.gov/oc/history/makinghistory/100yearsofbiologics.html Biologics Centennial: 100 Years of Biologics Regulation] — from the Food and Drug Administration Home Page
** [http://www.fda.gov/cder/ U.S. FDA CDER Home Page] — the Center for Drug Evaluation and Research
** [http://www.fda.gov/cber/ CBER — Center for Biologics Evaluation and Research, FDA]
** [http://www.fda.gov/oc/commissioners/default.htm Past FDA Commissioners]
 
=== SelectedFurther newsreading coverage ===
{{refbegin|30em}}
*[http://www.pbs.org/wgbh/pages/frontline/shows/prescription/view/ Frontline: Dangerous Prescription: watch online | PBS]
* {{cite journal | vauthors = Givel M | title = Philip Morris' FDA gambit: good for public health? | journal = Journal of Public Health Policy | volume = 26 | issue = 4 | pages = 450–468 | date = December 2005 | pmid = 16392744 | doi = 10.1057/palgrave.jphp.3200032 }}
* [http://news.bbc.co.uk/2/hi/business/4024195.stm US drug safety checks 'slack'] from the [[BBC News]]
* {{cite encyclopedia |vauthors=Henninger D |author-link=Daniel Henninger |editor=[[David R. Henderson]] |encyclopedia=[[Concise Encyclopedia of Economics]] |title=Drug Lag |url=http://www.econlib.org/library/Enc1/DrugLag.html |year=2002 |edition=1st |publisher=[[Library of Economics and Liberty]] |access-date=August 31, 2013 |archive-date=December 4, 2020 |archive-url=https://web.archive.org/web/20201204164937/https://www.econlib.org/library/Enc1/DrugLag.html |url-status=dead }} {{OCLC|317650570|50016270|163149563}}
*[http://www.ucsusa.org/news/press_release/fda-scientists-pressured.html FDA Scientists Pressured to Exclude, Alter Findings; Scientists Fear Retaliation for Voicing Safety Concerns] from the [[Union of Concerned Scientists]].
* {{cite book | vauthors = Hilts PJ |title=Protecting America's Health: The FDA, Business, and One Hundred Years of Regulation |date=2003 |publisher=Alfred A. Knopf |___location=New York |isbn=0-375-40466-X}}
* {{cite journal | vauthors = Fain K, Daubresse M, Alexander GC | title = The Food and Drug Administration Amendments Act and postmarketing commitments | journal = JAMA | volume = 310 | issue = 2 | pages = 202–4 | date = July 2013 | pmid = 23839755 | doi = 10.1001/jama.2013.7900 }}
* {{cite book | vauthors = Madden BJ | date = 2010 | title = Free To Choose Medicine: How Faster Access to New Drugs Would Save Countless Lives and End Needless Suffering | ___location = Chicago | publisher = The [[Heartland Institute]] | isbn = 978-1-934791-32-5 }}
* {{cite book |last1=Moore TJ |title=Prescription for Disaster: The Hidden Dangers in Your Medicine Cabinet |date=1998 |publisher=Simon & Schuster |___location=New York, NY |isbn=0-684-82998-3}}
* {{cite book | vauthors = Obenchain J, Spark A |title=Food policy: looking forward from the past |date=2016 |publisher=CRC Press, Taylor & Francis Group |___location=Boca Raton, FL |isbn=978-1-4398-8025-8}}
* {{cite journal | vauthors = Shah S, [[Abdul El-Sayed|El-Sayed A]] |title=Medical Algorithms Need Better Regulation |journal=Scientific American |date=January 2022 |volume=326 |issue=1 |pages=10 |doi=10.1038/scientificamerican0122-10 |pmid=39016568 | quote = Medical algorithms are less transparent, far more complex, more likely to reflect preexisting human bias, and more apt to evolve (and fail) over time than medical devices in the past. }}
{{refend}}
 
== External links ==
{{Commons category}}
{{Wikinews category}}
* {{Official website}}
* [https://www.federalregister.gov/agencies/food-and-drug-administration Food and Drug Administration] in the [[Federal Register]]
* [https://www.ecfr.gov/current/title-21/chapter-I Food and Drug Administration] in the [[Code of Federal Regulations]]
* [https://web.archive.org/web/20130225130615/http://xml.fido.gov/stratml/carmel/FDAwStyle.xml Strategic Plan] (archived)
* {{OL author}}
* [https://onlinebooks.library.upenn.edu/webbin/book/lookupname?key=United+States.+Food+and+Drug+Administration Online books by United States Food and Drug Administration] at [[Online Books Page|The Online Books Page]]
* [https://openomb.org/agency/department-of-health-and-human-services/bureau/food-and-drug-administration Food and Drug Administration] [[apportionment (OMB)|apportionment]]s on [[OpenOMB]]
 
{{Food and Drug Administration}}
{{HHS agencies}}
{{Pharmaceutical industry in the United States}}
{{Consumer Food Safety}}
{{Authority control}}
 
{{DEFAULTSORT:Food And Drug Administration (United States)}}
[[Category:1927 establishments]]
[[Category:Food and Drug Administration| ]]
[[Category:Society-related1906 timelinesestablishments in the United States]]
[[Category:ClinicalAmerican medical research]]
[[Category:PharmaceuticalGovernment industryagencies established in 1906]]
[[Category:PharmaceuticalsRegulators policyof biotechnology products]]
[[Category:National agencies for drug regulation]]
 
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