Drug regulation and approval
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Regulation by government agencies
Concerns related to the efficacy and safety of drugs have caused most governments to develop regulatory agencies to oversee development and marketing of drug products and medical devices. Use of any drug carries with it some degree of risk of an adverse event. For most drugs the risk-to-benefit ratio is favourable; that is, the benefit derived from using the drug far outweighs the risk incurred from its use. However, there have been unfortunate circumstances in which drugs have caused considerable harm. The harm has come from drug products containing toxic impurities, from drugs with unrecognized severe adverse reactions, from adulterated drug products, and from fake or counterfeit drugs. Because of these issues, effective drug regulation is required to ensure the safety and efficacy of drugs for the general public.
Public influence on drug regulation
The process of drug regulation has evolved over time. Laws regulating drug marketing and development, government regulatory agencies with oversight of drug development and use, drug evaluation boards, drug information centres, and quality control laboratories have become part of the cooperative venture that produces and develops drugs. In some countries drug laws omit or exempt certain areas of pharmaceutical activity from regulation. For example, some countries exempt herbal or homeopathic products from regulation. In other countries there is very little regulation imposed on drug importation. Over time, the scope of drug laws and the authority vested in regulatory agencies have gradually expanded. In some instances, strengthening of drug laws has been the result of a drug-related catastrophe that prompted public demand for more restrictive legislation to provide more protection for the public. One such example occurred in the 1960s with thalidomide that was prescribed to treat morning sickness in pregnant women. Thalidomide had been on the market for several years before it was realized to be the causative agent of a rare birth defect, known as phocomelia, that had begun appearing at epidemic proportions. There was a dramatic reaction to the devastation caused by thalidomide, especially because it was considered a needless drug.
At other times the public has perceived that drug regulation and regulatory authorities have been too restrictive or too cautious in approving drugs for the market. This concern typically has been related to individuals with serious or life-threatening illnesses who might benefit from drugs that have been denied market approval or whose approval has been inordinately delayed because regulations are too strict. At times, governments have responded to these concerns by streamlining drug laws and regulations. Examples of types of drugs given expedited approval are cancer drugs and AIDS drugs. Regulatory measures that make rapid approval of new drugs paramount sometimes have led to marketing of drugs with more toxicity than the public finds acceptable. Thus, drug regulations can and probably will remain in a state of flux, becoming more lax when the public perceives a need for new drugs and more strict following a drug catastrophe.
Objectives and organization of drug regulatory agencies
Effective regulation of drugs requires a variety of functions. Important functions include (1) evaluation of safety and efficacy data from animal and clinical trials, (2) licensing and inspection of manufacturing facilities and distribution channels to assure that drugs are not contaminated, (3) monitoring of adverse drug reactions for investigational and marketed drugs, and (4) quality control of drug promotion and advertising to assure that safety and efficacy claims are accurate. In some countries all functions surrounding drug regulation come under a single agency. In others, particularly those with a federal system of government, some drug regulatory authority is assumed by state or provincial governments.
Around the world, financing of drug regulatory agencies varies. Many governments provide support for such agencies with revenue from general tax funds. The theory behind this type of financing is that the common good is served by effective regulations that provide for safe and effective medicines. In other countries the agencies are supported entirely by fees paid by the pharmaceutical firms seeking regulatory approval. In still other countries the work of drug regulatory agencies is supported by a mixture of direct government support and user fees. The World Health Organization (WHO) has developed international panels of experts in medicine, law, and pharmaceutical development that are responsible for recommending standards for national drug laws and regulations.
Drug approval processes
Drug approval processes are designed to allow safe and effective drugs to be marketed. Drug regulatory agencies in various countries attempt to rely on premarketing scientific studies of the effects of drugs in animals and humans in order to determine if new drugs have a favourable risk-to-benefit ratio. Although most countries require similar types of premarketing studies to be completed, differences in specific regulations and guidelines exist. Thus, if pharmaceutical firms wish to market their new drugs in many countries, they may face challenges created by the differing regulations and guidelines for premarketing studies. In order to simplify the approval process for multinational marketing of drugs, the WHO and many drug regulatory agencies have attempted to produce harmonization among regulations in various parts of the world. Harmonization, which aims to make regulations and guidelines more uniform, theoretically can decrease the cost of new drugs by decreasing the cost of development and regulatory approval. Because every new drug is somewhat different from preexisting ones, unforeseen safety or efficacy issues may arise during the regulatory review. Some of these issues may prompt an individual regulatory agency to require additional safety or efficacy studies. Thus, agreements on harmonization of regulations and guidelines can be more complicated and difficult to achieve than may seem to be the case.
The following sections describe in general terms the steps required for regulatory approval of drugs in one country—the United States. Although the descriptions are based on the Food and Drug Administration (FDA) regulations and guidelines, these requirements are similar to those in many other countries.
Drug applications
The Investigational New Drug application
Two important written documents are required from a pharmaceutical firm seeking regulatory approval from the U.S. FDA. The first is the Investigational New Drug (IND) application. The IND is required for approval to begin studies of a new drug in humans. Clinical trials for new drugs are conducted prior to marketing as part of the development process. The purpose of these trials is to determine if newly developed drugs are safe and effective in humans. Pharmaceutical companies provide selected physicians with developmental drugs to be studied in their patients. These physicians recruit patients, provide them with the study drug, evaluate the effect of the drug on their disease, and record observations and clinical data.
There are three phases—designated Phase 1, Phase 2, and Phase 3—of human clinical studies required for drug approval and marketing. Phase 1 studies describe the first use of a new drug in humans. These studies are designed to determine the pharmacological and pharmacokinetic profile of the drug and to assess the adverse effects associated with increasing drug doses. Phase 1 studies provide important data to allow for the design of scientifically sound Phase 2 and Phase 3 studies. Phase 1 studies generally enroll 20–200 subjects who either are healthy or are patients with the disease that the drug is intended to treat. Phase 2 studies are designed primarily to assess the efficacy of the drug in the disease to be treated, although some data on adverse events or toxicities may also be collected. Phase 2 studies usually enroll several hundred patients. Phase 3 studies enroll several hundred to several thousand patients and are designed to collect data concerning both adverse events and efficacy. When these data have been collected and analyzed, a judgment can be made about whether the drug should be marketed and if there should be specific restrictions on its use. An IND should contain information about the chemical makeup of the drug and the dosage form, summaries of animal pharmacology and toxicology studies, pharmacokinetic data, and information about any previous clinical investigations. Typically, Phase 1 protocols (descriptions of the trials to be conducted) are briefer and less detailed than Phase 2 and Phase 3 protocols.
Prior to its regulatory approval, a drug is generally restricted to use in patients who are formally enrolled in a clinical trial. In some cases a drug that has not yet been approved for marketing can be made available to patients with a life-threatening disease for whom no satisfactory alternative treatment is available. If the patient is not enrolled in one of the clinical trials, the drug can be made available under what is called a Treatment IND. A Treatment IND, which has sometimes been called a compassionate use protocol, is subject to regulatory requirements very similar to those of a regular IND.
The New Drug Application
The second important regulatory document required by the FDA is the New Drug Application (NDA). The NDA contains all of the information and data that the FDA requires for market approval of a drug. Depending on the intended use of the drug (one-time use or long-term use) and the risk associated with its intended use, INDs may be from tens to hundreds of pages long. In contrast, NDAs typically are much larger and much more detailed. In some instances they can represent stacks of documents up to several metres high. Basically, an NDA is a detailed and comprehensive report on what is known about the new drug under review. It contains technical sections on (1) chemistry, manufacturing, and dosage forms, (2) animal pharmacology and toxicology, (3) human pharmacokinetics and bioavailability, (4) comprehensive results of clinical trials, (5) statistics, and (6) microbiology (in the case of anti-infective or antiviral drugs).
Another important NDA component is the proposed labeling for the new drug. The label of a prescription drug is actually a comprehensive summary of information made available to health care providers. It contains the claims that the pharmaceutical company wants to make for the efficacy and safety of the drug. As part of the review process, the company and the FDA negotiate the exact wording of the label because it is the document that determines what claims the company legally can make for use of the drug once it is marketed.