DEA Delays in Scheduling Are Offsetting FDA’s Improved Decision Making

FDA is showing a renewed commitment to meeting review deadlines for new molecular entities, but that is not translating into earlier commercial availability for all NMEs. Some products also need a controlled substance scheduling decision from the Drug Enforcement Administration; those actions have become a new regulatory purgatory that can be painful and frustrating.

For most drugs, that FDA press release announcing approval signals the start of commercialization: the last tollgate before open marketing and sales. But products that need Drug Enforcement Administration scheduling have a second toll gate and are finding that getting DEA clearance is less deadline driven and is taking an increasingly long time.

The frustration building around post-FDA-approval marketing delays was a key theme at a March 28 Food & Drug Law Institute conference on controlled substances regulation. With two drugs currently awaiting...

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