US FDA Tweaks Guidance On Sameness Of Gene Therapies, But Questions Remain

In response to industry input, the agency made a few changes to its draft guidance but several issues remain uncertain, such as what constitutes ‘minor differences’ between gene therapy products.

US FDA guidance notes when gene therapy products will be deemed to be the same for orphan designation • Source: Alamy

At the request of stakeholders, the US Food and Drug Administration has added a bit more clarity on when it will consider gene therapy products to be the same for the purposes of determining an orphan drug designation or orphan exclusivity. But its final guidance still leaves unresolved questions about what may constitute “minor differences” between products.

The agency issued the guidance, “Interpreting Sameness of Gene Therapy Products Under the Orphan Drug Regulations,” on 29 September. The six-page document is very similar to the draft guidance issued in January 2020

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