{"id":4429,"date":"2017-09-05T23:43:00","date_gmt":"2017-09-05T23:43:00","guid":{"rendered":"https:\/\/www.healthlawpolicymatters.com\/?p=4429"},"modified":"2021-11-02T23:45:10","modified_gmt":"2021-11-02T23:45:10","slug":"fda-commissioner-announces-stem-cell-enforcement-shift-plans-develop-comprehensive-regenerative-medicine-policies","status":"publish","type":"post","link":"https:\/\/www.healthlawpolicymatters.com\/2017\/09\/05\/fda-commissioner-announces-stem-cell-enforcement-shift-plans-develop-comprehensive-regenerative-medicine-policies\/","title":{"rendered":"FDA Commissioner Announces Stem Cell Enforcement Shift, Plans to Develop Comprehensive Regenerative Medicine Policies"},"content":{"rendered":"\n<p>In a major public move that has been long-awaited by proponents of evidence-based stem cell science, FDA Commissioner Scott Gottlieb issued a\u00a0<a href=\"https:\/\/www.fda.gov\/NewsEvents\/Newsroom\/PressAnnouncements\/ucm573443.htm\" target=\"_blank\" rel=\"noreferrer noopener\">lengthy statement on August 28, 2017<\/a>\u00a0\u201con the FDA\u2019s new policy steps and enforcement efforts to ensure proper oversight of stem cell therapies and regenerative medicine.\u201d\u00a0The short version is that the Agency will:<\/p>\n\n\n\n<ul><li>Step up enforcement against stem cell \u201cactors who claim that their unproven and unsafe products will address a serious disease, but instead put patients at significant risk.\u201d To that end, Dr. Gottlieb also announced the creation of an internal working group to identify and pursue such actors and clinics through \u201cwhatever legally enforceable means are necessary to protect the public health.\u201d<\/li><li>Develop and advance \u201ca comprehensive policy framework that will more clearly describe the rules of the road for this new field,\u201d based on FDA\u2019s existing authority. The science-based policy would be aimed at accelerating the proper development of stem cell and other regenerative medicine products, and it is expected to be released Fall 2017. Dr. Gottlieb also noted that the Agency would be issuing a \u201ccompliance policy that, with the exception of outliers potentially harming public health in a significant way right now, will give current product developers a very reasonable period of time to interact with the FDA in order to determine if they need to submit an application for marketing authorization\u2026. And we will also be developing a novel approach to FDA approval that we believe will allow very small product developers to gain all the benefits of FDA approval through a process that is minimally burdensome and less costly.\u201d The latter part of this statement clearly takes into account that individual clinicians working in academic hospitals and other venues to innovate in their respective specialties make up a large portion of regenerative medicine product developers, and putting in place an overly burdensome or expensive process would not be in the public\u2019s best interest.<\/li><\/ul>\n\n\n\n<p>The widely differing viewpoints about the appropriateness of FDA oversight of human cell and tissue-based products (HCT\/Ps) and their potential risks and benefits were aired during a two-day public hearing in September 2016, as we\u00a0<a href=\"https:\/\/www.healthlawpolicymatters.com\/2016\/09\/16\/fda-concludes-two-day-public-hearing-on-human-cell-and-tissue-product-hctp-regulatory-paradigm\/\" target=\"_blank\" rel=\"noreferrer noopener\">reported on at the time<\/a>. From the second prong of Dr. Gottlieb\u2019s announcement, we would expect that the four draft HCT\/P guidance documents debated during the public hearing may be revised or finalized, and they may also be supplemented with additional guidance to further clarify jurisdictional lines or procedural flexibility for very small product developers.<\/p>\n\n\n\n<p>In conjunction with the Commissioner\u2019s statement, FDA also took specific enforcement action against two high-profile stem cell entities operating in California and Florida:<\/p>\n\n\n\n<ul><li>Supplies of smallpox vaccine, intended to be mixed with fat-derived stem cells and administered to patients as a treatment for cancer, were seized from San Diego-based company StemImmune Inc. Related to the Government\u2019s investigation into the unapproved stem cell treatment will be how the company obtained access to the smallpox vaccine in the first place, as it is not commercially available. FDA\u2019s announcement about the StemImmune action is available\u00a0<a href=\"https:\/\/www.fda.gov\/NewsEvents\/Newsroom\/PressAnnouncements\/ucm573427.htm\" target=\"_blank\" rel=\"noreferrer noopener\">here<\/a>.<\/li><li>A Warning Letter was issued to US Stem Cell Clinic in Florida related to its manufacture of an unapproved drug using fat-derived stem cells and deviations from good manufacturing practices for cell-based products. The Agency announcement about the US Stem Cell Clinic action, along with a link to the complete Warning letter, is available\u00a0<a href=\"https:\/\/www.fda.gov\/NewsEvents\/Newsroom\/PressAnnouncements\/ucm573431.htm\" target=\"_blank\" rel=\"noreferrer noopener\">here<\/a>.<\/li><\/ul>\n\n\n\n<p>US Stem Cell Clinic quickly\u00a0submitted a response to FDA, which it has also\u00a0<a href=\"http:\/\/usstemcellclinic.com\/fda-response\/\" target=\"_blank\" rel=\"noreferrer noopener\">posted on its website<\/a>, and which challenges the legal basis for Agency action against \u201ca patient\u2019s own body tissue.\u201d We will continue to monitor this case to see whether it progresses into a Federal judicial review of FDA\u2019s approach to regulating HCT\/Ps.<\/p>\n\n\n\n<p>Finally, as we previously reported, the December 2016 bipartisan 21st Century Cures Act (\u201cCures Act\u201d) included a new\u00a0<a href=\"https:\/\/www.healthlawpolicymatters.com\/2016\/12\/15\/president-obama-signs-21st-century-cures-act-creates-accelerated-approval-pathway-for-regenerative-medicine\/\" target=\"_blank\" rel=\"noreferrer noopener\">accelerated approval pathway for regenerative medicine<\/a>\u00a0products. FDA has begun implementing the Cures Act provisions under its\u00a0<a href=\"https:\/\/www.fda.gov\/BiologicsBloodVaccines\/CellularGeneTherapyProducts\/ucm537670.htm\" target=\"_blank\" rel=\"noreferrer noopener\">Regenerative Medicine Advanced Therapy (RMAT) Designation program<\/a>. Commissioner Gottlieb\u2019s recent statement also emphasized the relationship between realizing the promise of the Cures Act\u2019s RMAT Designation Program and the need to effectively police the growing marketplace of unproven \u201cstem cell treatments.\u201d His strongly worded August 28th statement ended with the following:<\/p>\n\n\n\n<blockquote class=\"wp-block-quote\"><p>We must put in place the framework to separate the promising treatments from those products that pose significant risks or offer patients little to no chance of benefit. We will also continue to take steps to keep those who would exploit this promising area from harming patients and abusing the public\u2019s trust. We can\u2019t let a small number of unscrupulous actors poison the well for the good science that holds the promise of changing the contours of human illness and altering the trajectory of medicine and science.<\/p><\/blockquote>\n\n\n\n<p>We are hopeful that the Agency will follow these words with consistent enforcement actions (especially given how many\u00a0<a href=\"http:\/\/www.cell.com\/cell-stem-cell\/pdf\/S1934-5909(16)30157-6.pdf\" target=\"_blank\" rel=\"noreferrer noopener\">hundreds of self-named \u201cstem cell clinics\u201d<\/a>\u00a0currently operate in the U.S.), in order to enhance regulatory certainty and encourage investment in legitimate business enterprises. The House Energy and Commerce Committee has already confirmed that it will soon be examining the potential effect of unproven stem cell therapies on the broader regenerative medicine field, as part of its oversight of Cures Act implementation more generally.\u00a0 Of course, we will keep our readers posted on important developments regarding these issues.<\/p>\n","protected":false},"excerpt":{"rendered":"<p>In a major public move that has been long-awaited by proponents of evidence-based stem cell science, FDA Commissioner Scott Gottlieb issued a\u00a0lengthy statement on August 28, 2017\u00a0\u201con the FDA\u2019s new policy steps and enforcement efforts to ensure proper oversight of stem cell therapies and regenerative medicine.\u201d\u00a0The short version is that the Agency will: Step up &#8230; <a title=\"FDA Commissioner Announces Stem Cell Enforcement Shift, Plans to Develop Comprehensive Regenerative Medicine Policies\" class=\"read-more\" href=\"https:\/\/www.healthlawpolicymatters.com\/2017\/09\/05\/fda-commissioner-announces-stem-cell-enforcement-shift-plans-develop-comprehensive-regenerative-medicine-policies\/\" aria-label=\"More on FDA Commissioner Announces Stem Cell Enforcement Shift, Plans to Develop Comprehensive Regenerative Medicine Policies\">Read more<\/a><\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_generate-full-width-content":"","footnotes":""},"categories":[1],"tags":[],"_links":{"self":[{"href":"https:\/\/www.healthlawpolicymatters.com\/wp-json\/wp\/v2\/posts\/4429"}],"collection":[{"href":"https:\/\/www.healthlawpolicymatters.com\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.healthlawpolicymatters.com\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.healthlawpolicymatters.com\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/www.healthlawpolicymatters.com\/wp-json\/wp\/v2\/comments?post=4429"}],"version-history":[{"count":3,"href":"https:\/\/www.healthlawpolicymatters.com\/wp-json\/wp\/v2\/posts\/4429\/revisions"}],"predecessor-version":[{"id":4432,"href":"https:\/\/www.healthlawpolicymatters.com\/wp-json\/wp\/v2\/posts\/4429\/revisions\/4432"}],"wp:attachment":[{"href":"https:\/\/www.healthlawpolicymatters.com\/wp-json\/wp\/v2\/media?parent=4429"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.healthlawpolicymatters.com\/wp-json\/wp\/v2\/categories?post=4429"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.healthlawpolicymatters.com\/wp-json\/wp\/v2\/tags?post=4429"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}