FDA's Transparency Policy Faces Legal Challenges Amid CRL Publication
The FDA's policy to publish complete response letters (CRLs) has encountered legal uncertainties, raising concerns among legal experts and industry stakeholders. Initially introduced by former Commissioner Marty Makary in 2025, the policy aimed to enhance transparency for drug developers, investors, and patients. However, the legal foundation of this initiative is under scrutiny, with recent developments indicating a pause and resumption of the policy. Legal experts, including Elizabeth Jungman, a former FDA chief of staff, have highlighted potential legal breaches, as the FDA's regulations consider the existence of an application confidential. The agency is now seeking to amend the Federal Food, Drug, and Cosmetic Act to solidify the policy's legal basis. Despite these efforts, concerns persist about the disclosure of sensitive information, as highlighted in a citizen petition filed by Covington & Burling on behalf of an unnamed drugmaker.