New Drug Approval Process: Regulatory View
New Drug Approval Process: Regulatory View
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Abstract
Introduction
The new drug approval is of two phase process - the first phase for clinical trials
and second phase for marketing authorization of drug. Firstly, non-clinical studies
of a drug are completed to ensure efficacy and safety, and then application for
conduct of clinical trials is submitted to the competent authority of the concerned
country. Thereafter, the clinical trials can be conducted (phase I to phase IV).
These studies are performed to ensure the efficacy, safety and optimizing the dose
of drug in human beings. After the completion of clinical studies of the drug, then
an application to the competent authority of the concerned country for the approval
of drug for marketing is submitted. The competent authority review the application
and approve the drug for marketing only if the drug is found to be safe and
effective in human being or the drug have more desirable effect as compare to the
adverse effect [2].
Even after the approval of new drug, government should monitor its safety due to
appearance of some side effects, when it is used in larger population. The
interactions with other drugs, which were not assessed in a pre-marketing research
trial and its adverse effects (in particular populations) should also be monitored [3].
Drug Approval Process In USA
In 1820, the new era of USA drug regulation was started with the establishment
of U.S. Pharmacopoeia. In 1906, Congress passed the original Food and Drugs
Act, which require that drugs must meet official standards of strength and purity [4].
However, in 1937, due to sulphanilamide tragedy, the Federal Food, Drug and
Cosmetic Act (of 1938) was enacted and added new provisions that new drugs
must be shown safe before marketing. Further, in 1962, the Kefauver-Harris
Amendment Act was passed which require that manufacturers must prove that drug
is safe and effective (for the claims made in labelling) [5,6].
The Food and Drug Administration (FDA) is responsible for protecting and
promoting public health. Like general drug approval process, FDA’s new drug
approval process is also accomplished in two phases: clinical trials (CT) and new
drug application (NDA) approval[7]. FDA approval process begins only after
submission of investigational new drug (IND) application. The IND application
should provide high quality preclinical data to justify the testing of the drug in
humans. Almost 85% of drugs are subjected to clinical trials, for which IND
applications are filed. The next step is phase I clinical trials (1-3 years) on human
subjects (~100). The drug’s safety profile and pharmacokinetics of drug are
focused in this phase. Phase II trials (2 years) are performed if the drug
successfully passes phase I. To evaluate dosage, broad efficacy and additional
safety in people (~300) are the main objective of the phase II. If evidence of
effectiveness is shown in phase II, phase III studies (3-4 years) begins. These phase
III concerns more about safety and effectiveness of drug from data of different
populations, dosages and its combination with other drugs in several hundred to
about 3,000 peoples[8, 9, 10]. A new drug application (NDA) can be filed only when
the drug successfully passes all three phases of clinical trials and includes all
animal and human data, data analyses, pharmacokinetics of drug and its
manufacturing and proposed labelling. The preclinical, clinical reports and risk-
benefit analysis (product’s beneficial effects outweigh its possible harmful effects)
are reviewed at the Center for Drug Evaluation and Research by a team of
scientists. Generally approval of an NDA is granted within two years (on an
average), however, this process can be completed from two months to several
years. The innovating company is allowed to market the drug after the approval of
an NDA and is considered to be in Phase IV trials. In this phase, new areas, uses or
new populations, long-term effects, and how participants respond to different
dosages are explored[10, 11]. Figure 1 represents the new drug approval process of
FDA.
In European Union (EU), the medical products were approved for marketing at the
National level initially. The mutual recognization procedure was introduced in
1983 and a single national review in case of pharmaceutical/medicinal product for
marketing authorizations in all EU’s countries was made feasible. The primary aim
of this procedure was to create a united standard for product review among
national regulatory authorities. In 1987, for high-technology or biologically
derived products, the concertration procedure was established by directive 87/22,
in which product assessment should be completed by Committee for Proprietary
Medicinal Products (CPMP) besides the the normal national regulatory review.
Further, in 1993, by council regulation (EEC) 2309/93, the concertration procedure
was replaced with centralised procedure, by which all the high-tech and
biologically derived product was reviewed and granted EU’s wide marketing
authorization by the EU’s CPMP[12].
Centralized Procedure
The Committee for Human Medicinal Products (CHMP) evaluate the applications
received by the EMEA. In view of the applicant's preference, CHMP contracts out
assessment work in one of the member states (the "rapporteur"). After the complete
assessment, the CHMP deliver opinion to EU Commission within 210 days. The
EU Commission requests comments from other member states, if a positive
opinion from CHMP is received. The other member states can respond in about 28
days. When a licence is recommended, a European Public Assessment Report
(EPAR) is produced and marketing authorisation is issued. This authorisation is
valid throughout the European Union and is for five years, however, the extension
can be applied to the EMEA three months before the expiration of this period [14].
Figure 3 represent the centralized procedure for marketing authorization.
Decentralised Procedure
National Procedure
In 1963, for the management of new drugs, Chinese Ministry of Health planned
drug regulation. The China’s State Pharmaceutical Administration in collaboration
with Ministry of Health, in 1979, published the New Drug Management
Regulations (no need to conduct systematic scientific experiments on new drugs).
In view of protecting the public health and promoting the economic developments
in pharmaceuticals, the first comprehensive Drug Administrative Law was framed
in 1985. This law was amended in 1999 by two additional provisions for new drug
approval and provisions for new biological product approval. The approval process
of New Drug Applications (NDA) includes sufficient preclinical data for
verification of drug’s safety and justification of the commencement of clinical
trials. The Drug Administrative Law was further revised in 2001 requiring
premarket testing, approval for new drug products, and prohibits drug
adulteration[22].
The Drug Administrative Law authorizes the State Food and Drug Administration
(SFDA) to approve new drugs for marketing. The new drug registration process
also consists of the clinical study application and the new drug application. The
Provincial Drug Administration Authorities (PDAAs) should organize the works of
the formal review of submitted materials i.e. on-site examination and sampling just
after receiving the drug registration application. The aim behind the formal review
is to guarantee the content and format of the submitted materials is in line with the
requirements and all the required materials have been submitted. After formal
review, the PDAAs send the qualified applications to the SFDA for further review.
The import drug registration application should be directly submitted to SFDA by
the applicant. SFDA’s Department of Drug Registration carefully reviews the
completeness of the submitted materials, files the qualified applications and
transmits all the materials of qualified applications to the Center for Drug
Evaluation (CDE) directly attracted to SFDA. CDE determine whether the safety
and effectiveness information submitted for a new drug are adequate for
manufacturing and marketing approval and send the report of review to SFDA.
SFDA Carefully consider the recommendations and review results of CDE and
makes a decision whether or not the drug registration application can be approved
and issues the certificate of drug approval and drug approval number to the
qualified applicant. Figure 5 -6 represents the clinical trial approval process and
new drug approval process of China, respectively [22,23,24,25].
Any person seeking approval of a new drug in Australia should first file a clinical
trial application for conducting human studies. The clinical trials in Australia can
be conducted under two schemes, i.e. either under the Clinical Trial Exemption
(CTX) Scheme or under the Clinical Trial Notification (CTN) Scheme. In the latter
scheme, application is directly submitted to the Human Research Ethics Committee
(HREC) which assesses the validity of design of clinical trial, its ethical
acceptability, approval, safety and efficacy of the drug as well. The final consent
for conducting trial is given by the approving authority after due advice from the
HREC. The commencement of clinical trial takes place only after the due
notification to the TGA and the appropriate notification fee to be paid. In CTX
scheme, an application to conduct clinical trials is submitted to the TGA for
evaluation and comment. The clinical trials can be conducted (under the CTX
application) without further assessment by the TGA and the conduct of each trial
should be notified to the TGA[27,28]. Figure 7 represents the CTA by CTX scheme.
An application is submitted to TGA to register the drug in Australian Register of
Therapeutic Goods (ARTG) after the completion of clinical trials. The application
consists of data to support the quality, safety and efficacy of the product for its
intended use. The application is assessed (on an administrative level) to make sure
for compliance with basic guidelines and further evaluated by different sections
and advice can also be sought on key issues to take final decision. A company can
make comments on the evaluation report, if necessary. A delegate (decision-maker)
within the TGA after due advice of the ADEC, take a decision to approve or reject
the product. The Australian Drug Evaluation Committee (ADEC) usually gives
advice for new medicines. Figure 8 represent the new drug approval process in
Australia. When the drug is approved and distributed in the market the drug, it is
considered to be in Phase IV trials. In this phase, new uses or new populations,
long-term effects, etc. can be explored [29,30].
The Drug and Cosmetic Act 1940 and Rules 1945 were passed by the India's
parliament to regulate the import, manufacture, distribution and sale of drugs and
cosmetics. The Central Drugs Standard Control Organization (CDSCO), and the
office of its leader, the Drugs Controller General (India) [DCGI] was established.
In 1988, the Indian government added Schedule Y to the Drug and Cosmetics
Rules 1945. Schedule Y provides the guidelines and requirements for clinical
trials, which was further revised in 2005 to bring it at par with internationally
accepted procedure. The changes includes, establishing definitions for Phase I–IV
trials and clear responsibilities for investigators and sponsors [31]. The clinical trials
were further divided into two categories in 2006. In one category (category A)
clinical trials can be conducted in other markets with competent and mature
regulatory systems whereas the remaining ones fall in to another category
(category B) Other than A. Clinical trials of category A (approved in the U.S.,
Britain, Switzerland, Australia, Canada, Germany, South Africa, Japan and
European Union) are eligible for fast tracking in India, and are likely to be
approved within eight weeks. The clinical trials of category B are under more
scrutiny, and approve within 16 to 18 weeks [32].
An application to conduct clinical trials in India should be submitted along with the
data of chemistry, manufacturing, control and animal studies to DCGI. The date
regarding the trial protocol, investigator's brochures, and informed consent
documents should also be attached. A copy of the application must be submitted to
the ethical committee and the clinical trials are conducted only after approval of
DCGI and ethical committee. To determine the maximum tolerated dose in
humans, adverse reactions, etc. on healthy human volunteers, Phase I clinical trials
are conducted. The therapeutic uses and effective dose ranges are determined in
Phase II trials in 10-12 patients at each dose level [32]. The confirmatory trials
(Phase III) are conducted to generate data regarding the efficacy and safety of the
drug in ~ 100 patients (in 3-4 centers) to confirm efficacy and safety claims. Phase
III trials should be conducted on a minimum of 500 patients spread across 10-15
centers, If the new drug substance is not marketed in any other country [32,33,34,35].
The new drug registration (using form # 44 along with full pre-clinical and clinical
testing information) is applied after the completion of clinical trials. The
comprehensive information on the marketing status of the drug in other countries is
also required other than the information on safety and efficacy. The information
regarding the prescription, samples and testing protocols, product monograph,
labels, and cartons must also be submitted [36]. The application can be reviewed in a
range of about 12-18 months. Figure 10 represents the new drug approval process
of India. After the NDA approval, when a company is allowed to distribute and
market the product, it is considered to be in Phase IV trials, in which new uses or
new populations, long-term effects, etc. are explored [33,37].
The drug approval process varies from one country to another. In some countries,
only a single body regulates the drugs and responsible for all regulatory task such
as approval of new drugs, providing license for manufacturing and inspection of
manufacturing plants e.g. in USA, FDA performs all the functions. However in
some counties all tasks are not performed by a single regulatory authority, such as
in India, this responsibility is divided on Centralised and State authorities. Other
issues where the difference appears are, time taken for the approval of a CTA
application, time taken in evaluation of marketing authorization application,
registration fee, registration process and marketing exclusivity (Table 1).
Some counties have two review processes as normal review process and
accelerated review process as in USA, China etc. and some countries have only a
single review process as in India. Similarly, the format used for the presentation of
dossier submitted for approval of drug is also different. In some countries like as in
USA, EU, and Japan , it is mandatory that the dossier prepared in CTD format,
however, in some countries it is optional such as in India.
Conclusion
Generally, the drug approval process comprised mainly the two steps, application
to conduct clinical trial and application to the regulatory authority for marketing
authorization of drug. The new drug approval process of various countries is
similar in some of the aspects whereas it differs in some aspects. In most of the
counties, sponsor firstly files an application to conduct clinical trial, and only after
the approval by the regulatory authority, the applicant conducts the clinical studies
and further submits an application to the regulatory authority for marketing
authorization of drug. In all countries, information submitted to regulatory
authorities regarding the quality, safety and efficacy of drug is similar; however,
the time, fee and review process of clinical trials and marketing authorization
application differs. For the purpose of harmonisation, the International Conference
on Harmonisation (ICH) has taken major steps for recommendations in the uniform
interpretation and application of technical guidelines and requirements. This step
will ultimately reduce the need to duplicate work carried out during the research
and development of new drugs. Therefore, harmonization of drug approval
processes either by ICH or WHO may be initiated at global level.
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