attorney who handles foreign fda drug manufacturing inspections

by Charlotte Bins 6 min read

Why does the FDA conduct inspections of foreign drug manufacturers?

Foreign drug inspections will generally involve bulk pharmaceutical chemicals (BPCs) or dosage forms. The end product may be sterile or non-sterile. Contract processors or contract laboratories ...

Where can I find a law that strengthens FDA?

FDA Lawyer in Miami, FLorida. If you're aiming to ensure FDA compliance as you're developing a new product, your company is facing an FDA warning letter, or you're looking for clarity on what to expect in an FDA inspection, turn to Capote Law Firm.

What happens if a foreign company refuses to inspect your drug?

Feb 02, 2011 · Foreign Inspections . 2. Inspectional Instructions ... The quality systems for FDA-regulated products (food, drugs, biologics, and devices) are known as Current Good ... traced by the manufacturer ...

Why are drug manufacturers increasingly locating their factories overseas?

Jun 28, 2019 · House Committee Questions FDA on Foreign Drug Manufacturing Inspections. As the US Food and Drug Administration (FDA) continues to recall contaminated blood pressure drugs made in foreign facilities, the House Energy & Commerce (E&C) Committee on Friday sent a letter to acting FDA Commissioner Ned Sharpless questioning the agency’s work overseas.

What is the FDA's program?

FDA’s Sampling and Testing Program. Although application assessments and inspections are a foundation of FDA’s efforts to maintain a safe, reliable drug supply, the safety and effectiveness of drugs depends on a multipronged approach, of which quality checks by FDA and manufacturers are a part.

Who is Janet Woodcock?

Janet Woodcock, Director of the Center for Drug Evaluation and Research (CDER) at the Food and Drug Administration (FDA or the Agency), which is part of the Department of Health and Human Services (HHS).

What is the SSM?

The SSM is at the core of FDA’s surveillance inspection prioritization program and ensures a uniform approach for domestic and foreign facility inspections. The Agency uses the model to calculate a score for every facility in its Catalog using risk-based factors. Factors in the SSM include: Inherent product risk.

Is FDA drug inspection risk based?

(See Figure 3) FDA’s drug inspection program is now risk-based. FDA prioritizes for inspection facilities deemed higher-risk based on specific, defined criteria.

What is the concurrence rate of CDER?

In 2019, the concurrence rate had risen to 73 percent.

Does the FDA do foreign inspections?

FDA has performed more foreign than domestic inspections since 2015. The Agency utilizes a risk-based site selection model to identify firms for inspection. FDA has achieved this level of foreign coverage by using a mixed investigator work force consisting of (1) U.S.-based investigators who perform both domestic and foreign inspections; (2) a dedicated foreign cadre of U.S.-based drug investigators who conduct foreign inspections exclusively; and (3) foreign office-based investigators who inspect facilities manufacturing human drugs (See Table 1). The majority of foreign inspections are performed by domestically based staff in the first two categories.

Does FDA enforce CGMP?

FDA inspects manufacturing facilities and takes action, if needed, to enforce CGMP quality standards and applicable regulations. The Agency’s investigators look for deficiencies in meeting CGMP standards, but these assessments do not measure how far the facility is above the minimum CGMP. Simple adherence to CGMP standards does not indicate that a firm is investing in improvements or planning or deploying advanced quality control techniques that could better enable it to prevent quality problems leading to supply disruptions.

What is a foreign drug inspection?

Foreign drug inspections will generally involve bulk pharmaceutical chemicals (BPCs) or dosage forms. The end product may be sterile or non-sterile. Contract processors or contract laboratories may also be assigned. The Investigators/Analysts will inspect these facilities in the same manner as domestic facilities.

What is the responsibility of a foreign inspection team?

Responsibility of the inspection team is to evaluate the foreign facility's compliance with cGMPs and its adherence to application commitments and DMF information, if applicable. The inspection team is expected to review background documents and records whenever possible and prepare for the inspection prior to travelling abroad. This is necessary due to the tight time-frame usually assigned to each inspection; without advance preparation, an adequate inspectional coverage cannot realistically be attained in most cases. At this stage of planning, the inspection team will have to determine tentatively those issues needing attention during the on-site inspection.

What is the foreign inspection program?

The foreign inspection program is under the management and direction of the International and Technical Operations Branch (ITOB) headquarters staff of the Division of Emergency and Investigational Operations/ORO. This branch schedules all foreign inspection trips and provides all the resources necessary for the program activities. ITOB also performs liaison activities with CDER, CVM, field offices, and the regulated industry. In addition, headquarters staff of the branch is responsible for resolving logistical difficulties that may arise during inspection scheduling, in-transit changes, and pre-inspection document support, and other issues.

What is ITOB's job?

ITOB headquarters staff is responsible for scheduling all foreign inspectional activities. When requests for inspection from various components of the agency are received by ITOB, it schedules and assigns inspections to foreign inspection cadre members according to their specialties and availability. Geographical factor also influences the assignment of the inspections; i.e., ITOB tries to assign inspections to the lead investigator of the home district where the sponsor firm is located. This proximity to the sponsor firm will provide the inspection team some advantage in dealing with the US representative at all stages of the inspection.

What is the role of a lead investigator in a foreign inspection?

The lead Investigator is responsible for making the pre-inspection preparation and identifying the areas of focus for each member. The lead Investigator is also responsible for providing the Analyst with any records or data that need to be reviewed prior to the inspection. During the inspection, he or she leads the direction of the investigation and determines the types of records or operations to be examined by the team. However, keep in mind that the ultimate objective is to maximize the inspectional coverage by working together as a team and the role played by each team member should be flexible. In fact, the team members often need to operate independently at different locations.

What is PAI inspection?

Pre-approval inspections (PAIs) requested by CDER and CVM for approval of specific NDAs/ANDAs/NADAsA constitute a major segment of FDA's foreign pharmaceutical inspection activities. When a PAI inspection is scheduled at a given facility, ITOB may, at its discretion, request the inspection team also cover other product applications needing priority handling. District NDA program managers should keep track of and advise ITOB headquarters staff of any significant issues pending at the facility that must be resolved before an application can be approved even if CDER or CVM has not completed its review of the application.

What is an inspection team?

The inspection team is there to make an assessment of each foreign facility on FDA's terms. Foreign firms are under no obligation to comply with the U.S. regulations except for their commitments in applications filed with the agency and/or for their desire to market their products in the U.S.A.

Lisa Capote

Lisa Capote founded Capote Law Firm, a minority, woman-owned practice, in 2006. From the beginning, her goal has been to provide creative solutions, zealous advocacy, and personal service to businesses in Miami and beyond.

Why Choose Capote Law Firm?

Serving our clients' needs promptly and professionally is of the utmost importance at Capote Law Firm. We understand that FDA regulations can be complex, and you may have questions or concerns along the way. Don't hesitate to reach out—we'll be here to seek answers or provide reassurance.

FDA Regulatory Compliance

In addition to food and drugs, the FDA regulates any goods that could have an impact on public health.

Consumer Product Safety

Products being sold in the U.S. must meet the standards established by the Consumer Product Safety Commission.

Customs & Border

Foods, medical devices, cosmetics, and other products being imported to the United States must comply with required customs and borders regulations.

Hear From Our Clients

We have been working with Lisa for close to 7-8 years now. Normally, I would leave it like that, because just to say that we have been working that long with someone, in our line of business, is something important...

The Key to Ensuring Compliance: Being Proactive

At Capote Law Firm, we believe that the key to ensuring your business's compliance with FDA regulations is to be proactive. Seeking the guidance of an experienced attorney as you work to obtain the necessary clearance to place products on the market can help you avoid costly, time-consuming interruptions to your business later on.

What is the FDA's role in the drug industry?

With regard to protecting drug quality, the FDA states that as the pharmaceutical industry has become increasingly global, the agency is "in volved in international negotiations with other nations to harmonize standards for drug quality and the data needed to approve a new drug.".

What is the CDER?

On its Web site, the CDER is described by the FDA as "America's consumer watchdog for medicine.". 9 This report describes the FDA as "one of the nation's oldest consumer protection agencies.". Employing approximately 1,700 physicians and other scientists, CDER is the largest of five centers organized around the FDA.

Is heparin a counterfeit?

The FDA now says that the heparin problems may be the result of a counterfeit ingredient from China that was used in the drug. U.S. health officials had never inspected the Chinese factory owned by U.S.-based Scientific Protein Laboratories LLC, where some of the raw heparin ingredients were processed.

What is the purpose of FDA inspections?

To ensure that drugs are manufactured in compliance with current good manufacturing practice regulations, FDA conducts inspections of foreign facilities that manufacture drugs for the U.S. market. At the end of an inspection, observations are made and a determination of whether any condition or practice violates Federal requirements.

What is the FDA's responsibility for drug safety?

The Food and Drug Administration (FDA) is responsible for overseeing the safety and effectiveness of all drugs marketed in the United States. However, FDA's oversight of the nation's drug supply chain has become increasingly complicated because many drugs used in the U.S.

The Globalization of Pharmaceutical Manufacturing

  • Over the past 30 years, pharmaceutical manufacturing has become an increasingly global enterprise. Beginning in the 1970s, industry moved away from the mainland U.S., first to Puerto Rico in response to tax incentives, and then to Europe and nations that were developing at the time, such as China and India. Developing nations can provide significant cost savings to pharm…
See more on fda.gov

The Globalization of FDA’s Drug Inspection Program

  • In response to the move from domestic to global manufacturing and the passage of FDASIA, FDA developed and implemented a comprehensive strategy to facilitate greater coordination and oversight of medical products. In addition to increasing foreign inspections, our efforts have included: 1. developing new enforcement and regulatory tools 2. increasing collaboration with fo…
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Types of Inspections

  • The types of inspections performed in both domestic and foreign facilities include pre-approval, surveillance, and for-cause inspections. 1. Pre-approval inspections: conducted as part of the review of an application to market a new brand or generic drug. 2. Surveillance inspections: Used to monitor the manufacturing process and the quality of distributed drugs. FDA uses the finding…
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Inspection Outcomes

  • Following inspection of a manufacturing facility, FDA classifies the inspection as “no action indicated” (NAI), “voluntary action indicated” (VAI), or “official action indicated” (OAI). 1. No Action Indicated (NAI)means that no objectionable conditions or practices (e.g., quality problems) were found during the inspection (or they were minor problems that do not justify further regulatory a…
See more on fda.gov

FDA’s Program Alignment Initiative and Concept of Operations Agreement

  • The inspection of drug manufacturing facilities relies on the collaboration of two organizations within FDA: ORA, which includes the field force of investigators who conduct the inspections, and CDER, which includes policy and regulatory experts who establish the policies governing drug quality, assess risks, and review action recommendations, including OAI recommendations fro…
See more on fda.gov

Building An Investigator Work Force

  • Since 2015, FDA has performed more foreign than domestic inspections. The Agency has done so by using a mixed investigator work force consisting of (1) U.S.-based investigators who perform both domestic and foreign inspections; (2) a dedicated foreign cadre of U.S.-based drug investigators who conduct foreign inspections exclusively; and (3) foreign office-based experien…
See more on fda.gov

Covid-19 and Inspection Impact

  • As noted at the beginning of this testimony, as a result of the COVID-19 pandemic, most foreign and domestic surveillance facility inspections are currently postponed. Only inspections deemed mission-critical will be considered on a case-by-case basis as this outbreak continues to unfold. We employ additional tools to ensure the safety of products imported to the U.S., which have pr…
See more on fda.gov

FDA’s Sampling and Testing Program

  • Although application assessments and inspections are a foundation of FDA’s efforts to maintain a safe, reliable drug supply, the safety and effectiveness of drugs depends on a multipronged approach, of which quality checks by FDA and manufacturers are a part. To help ensure that safe and effective drugs are sold in the U.S., we test selected drugs in state-of-the-art FDA laboratorie…
See more on fda.gov

Additional Drug Safety and Surveillance Efforts

  • Ongoing review and surveillance efforts can identify new safety concerns that require quick action. When they do, the Agency makes every effort to investigate potential health risks and provide our recommendations to the public based on the best available science. As an example, in April, FDA requested that manufacturers withdraw all prescription and over-the-counter (OTC) ra…
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Conclusion

  • Thank you for the opportunity to discuss FDA’s oversight of pharmaceutical manufacturing. COVID-19 has provided yet more proof that to protect the reliability and availability of drugs to treat Americans is of vital importance. We look forward to working with the Committee and others to strengthen investment in modern manufacturing technology, establish incentives for mature …
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The Globalization of Pharmaceutical Manufacturing

  • Over the past 30 years, pharmaceutical manufacturing has become an increasingly global enterprise. Beginning in the 1970s, industry moved away from the mainland United States, first to Puerto Rico in response to tax incentives, and then to Europe and developing nations such as China and India. Developing nations can provide significant cost savings to pharmaceutical com…
See more on fda.gov

The Globalization of FDA’s Drug Inspection Program

  • In response to the move from domestic to global manufacturing and the passage of FDASIA, FDA’s drug inspection program shifted from one focused heavily on U.S.-based facilities through the early 2000s to a program that, since 2015, has conducted more foreign than domestic drug inspections. (See Figure 3)FDA’s drug inspection program is now risk-based. FDA prioritizes for i…
See more on fda.gov

Inspection Outcomes

  • Following inspection of a manufacturing facility, FDA classifies the inspection as “no action indicated” (NAI), “voluntary action indicated” (VAI), or “official action indicated” (OAI). 1. No Action Indicated (NAI)means that no objectionable conditions or practices (e.g., quality problems) were found during the inspection (or they were minor problems that do not justify further regulatory a…
See more on fda.gov

FDA’s Program Alignment Initiative and Concept of Operations Agreement

  • The inspection of drug manufacturing facilities relies on the collaboration of two organizations within FDA: the Office of Regulatory Affairs (ORA), which contains the field force of investigators who conduct the inspections, and CDER, which includes compliance officers who review inspection reports that are initially recommended as OAI and for-cause inspections to determin…
See more on fda.gov

Building An Investigator Work Force

  • FDA has performed more foreign than domestic inspections since 2015. The Agency utilizes a risk-based site selection model to identify firms for inspection. FDA has achieved this level of foreign coverage by using a mixed investigator work force consisting of (1) U.S.-based investigators who perform both domestic and foreign inspections; (2) a dedicated foreign cadre …
See more on fda.gov

FDA’s Sampling and Testing Program

  • Although application assessments and inspections are a foundation of FDA’s efforts to maintain a safe, reliable drug supply, the safety and effectiveness of drugs depends on a multipronged approach, of which quality checks by FDA and manufacturers are a part. To help ensure that safe and effective drugs are sold in the United States, we test selected drugs in state-of-the-art FDA l…
See more on fda.gov

Conclusion

  • Over the past 20 years, the pharmaceutical industry that supplies American patients with drugs has, to a signficiant degree, moved offshore, so that today the majority of API and FDF manufacturing facilities are located outside the United States. In response, FDA has developed a risk-based approach to surveillance inspections that ensures equal treatment of foreign and do…
See more on fda.gov