Califf heads to Capitol Hill for FDA confirmation hearing

From: POLITICO's Prescription Pulse - Tuesday Dec 14,2021 05:01 pm
Presented by Emergent BioSolutions: Delivered every Tuesday and Friday by 12 p.m., Prescription Pulse examines the latest pharmaceutical news and policy.
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By Lauren Gardner and David Lim

Presented by Emergent BioSolutions

On Tap

FDA administrator nominee Robert Califf makes his case for the job before the Senate health panel.

The Biden administration released its Fall 2021 Unified Agenda Friday, revealing its regulatory plans for the coming months.

Senate Republicans and Democrats are set to debate drug pricing provisions before the parliamentarian this week — but final rulings may not land before the end of the week.

It’s Tuesday. Welcome back to Prescription Pulse. At least one of your hosts has fallen down a rabbit hole about French dressing’s standard of identity, thanks to the Unified Agenda.

Send tips, feedback and your favorite condiment to David Lim (dlim@politico.com or @davidalim), Lauren Gardner ( lgardner@politico.com or @Gardner_LM) or Katherine Ellen Foley (kfoley@politico.com or @katherineefoley).

 

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In Congress

CALIFF GETS HIS DAY ON THE HILL — Califf will face the Senate Health, Education, Labor and Pensions Committee today to make his case for returning to FDA as its chief nearly five years after his last stint. With the pandemic entering its third year and the Biden administration its second, getting a commissioner confirmed will be a top priority for the Senate in January. Califf generally has support from the public health community and former FDA officials. On Monday, six former FDA commissioners endorsed Califf's candidacy in a letter to the Senate HELP Committee that he is "deeply committed to public service, to advancing science and clinical evidence, to effective and transparent communication and to strengthening and modernizing FDA."

Still, as we’ve previously reported, that doesn’t mean Califf’s confirmation process will be smooth sailing, as some Dems have already registered opposition to the cardiologist over his extensive industry ties. But that resistance is unlikely to keep him from winning enough support, considering he’s already been confirmed once before by the Senate and the White House went so long without even nominating a candidate.

Here are the issues your RxP scribes will be focusing on during the hearing:

Pandemic response: FDA will continue to be the lead arbiter in whether Covid-19 vaccines, therapeutics and tests get authorized and eventually approved. The emergence of the Omicron variant raises questions of how the agency will balance using existing tools to target that strain with advancing new technologies and treatments for Covid.

Opioid crisis: Several Democrats have raised concerns about FDA’s role in the opioid crisis, raising the possibility Califf will need to garner support from Republicans to receive a favorable vote from the HELP Committee.

Sen. Joe Manchin (D-W.Va.) is already signaling he will vote against Califf if his nomination reaches the Senate floor.

“I can’t fathom why we would confirm someone whose actions failed to swiftly curb the tide of the opioid epidemic and protect the public’s health, especially someone who has already helmed FDA as its Commissioner,” Manchin said in a statement. “More than 500,000 Americans have died since the FDA first approved Oxycontin in 1995.”

Accelerated approval pathways: Califf was FDA commissioner when the agency cleared Spinraza, a highly contentious drug for Duchenne muscular dystrophy, via its accelerated approval pathway. This summer, the agency’s accelerated approval of Aduhelm, a drug for Alzheimer’s disease, sparked an even more voracious debate around the pathway, which allows a drug to be marketed if it improves a surrogate endpoint instead of patients’ health or quality of life. Outcry after Aduhelm’s approval triggered a probe by federal officials into the process, which some experts believe was long overdue.

“In terms of accelerated approval, we’ve been very concerned,” Diana Zuckerman, the president of the National Center for Health Research, a nonprofit think tank based in D.C. “The question for Califf would be, ‘What do you think of this decision, how would you have handled it differently, how will you handle it [now]?’” Without an overhaul of the accelerated approval process, Zuckerman fears that other therapies with little to no evidence of a clinical benefit will hit the market to the detriment of patients.

Tobacco regulation: FDA’s Center for Tobacco Products finds itself at a pivotal moment as it faces multiple lawsuits over its regulation (or lack thereof) of certain tobacco products, including e-cigarettes and menthol cigarettes. The stakes are even higher now that Mitch Zeller, CTP’s director for the last seven years, will be retiring in April 2022 . Both industry leaders and public health officials have expressed hope that Califf will provide CTP with a clear direction.

Industry ties: Califf’s financial disclosures show he made more than $2.7 million in the past year as a senior adviser to Alphabet-owned Verily Life Sciences, plus more than $77,000 in compensation for serving on two pharmaceutical companies’ boards and numerous stock options. Expect Dems like Sen. Ed Markey (D-Mass.) to seize on this.

From the dais: Committee Chair Patty Murray (D-Wash.) is also expected to bring up diversity in clinical trials, FDA’s role in keeping drug costs from ballooning and the upcoming reauthorization of the agency’s user fee agreements with industry, according to an aide.

Meanwhile, a Republican HELP Committee aide told POLITICO that Ranking Member Richard Burr (R-N.C.) plans to highlight the importance of quickly bringing new technologies, therapeutics treatment and cures to market.

WYDEN URGES HHS TO HOLD OFF ON PART B PREMIUM INCREASE — Sen. Ron Wyden (D-Ore.), the Senate Finance chair, sent a letter to the HHS secretary expressing concern over the planned premium increase for Medicare Part B attributed to potential spending on a controversial new Alzheimer’s drug, POLITICO’s Tucker Doherty reports.

HHS currently plans to raise Part B premiums by $21.60 a month, of which $11 is attributed to uncertain spending on Aduhelm and similar drugs in the future. The Democratic senator urged the department to hold off on the increase pending a potential decision by Medicare to limit which patients will have access to the drug.

“What is at stake here is whether we’re going to have a policy in this country where every time a big pharmaceutical company comes in and proposes an astronomical rate hike, they’re going to be able to get what amounts to a surcharge on Medicare,” Wyden told POLITICO.

 

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Eye on FDA

UNIFIED AGENDA LAYS OUT FDA REGULATORY PLAN — The Biden administration Friday released its Fall 2021 Unified Agenda — a non-binding but revealing list of regulatory priorities for the months ahead. A few of the highlights:

MCIT v2.0: CMS is targeting October 2022 for the release of a proposed rule laying out “an expedited coverage pathway to provide Medicare beneficiaries with faster access to innovative and beneficial technologies.”

Direct-to-consumer drug advertising: FDA plans to issue a final rule in September amending how it regulates DTC advertising of prescription drugs on television and radio.

Clinical holds on medical devices: FDA plans to issue a proposed rule in May outlining its procedures for placing a clinical hold on a study of a medical device.

OTC hearing aid timeline unclear: There is no estimated date for the issuance of a final rule establishing an over-the-counter hearing aid market in the U.S. The comment period on FDA’s proposed rule ends Jan. 18, 2022.

Right-to-Try: FDA plans to publish a final rule in March establishing annual reporting requirements the information companies need to submit on drugs provided under the Trickett Wendler, Frank Mongiello, Jordan McLinn, and Matthew Bellina Right to Try Act of 2017. The regulation will also lay out the required annual summary’s deadline and content .

Menthol cigarettes and flavored cigars: FDA plans to propose rules in April banning all menthol cigarettes and all characterizing flavors in cigars.

 

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Drug Pricing

BYRD BATH BEGINS IN EARNEST WITH DRUG PRICING PROVISIONS ON THE LINE — Republican and Democratic senators are set to debate more than 20 different provisions of the $1.7 trillion social spending bill before the parliamentarian this week, Wyden told reporters at the Capitol Monday night.

In the mix are provisions capping out-of-pocket costs for insulin and penalizing drugmakers for hiking prices faster than inflation in Medicare and the private insurance market, POLITICO’s Alice Miranda Ollstein reports.

Wyden went off on Republicans for challenging the insulin provision in particular, saying his GOP colleagues are “out of step with the American people” and “don’t understand the intensity of feeling in this country” about the rising cost of insulin.

With so many provisions in the Byrd bath queue, final rulings on the health provisions might not land before the end of the week, an aide told POLITICO, further scrambling Democrats’ efforts to pass the bill before the end of the year.

Tobacco

SENATE DEMS DROP NICOTINE TAX FROM SOCIAL SPENDING BILL — Senate Democrats removed a controversial tax on e-cigarettes and other nicotine products that was due to raise an estimated $9 billion from their sweeping social spending bill H.R. 5376 (117), Katherine reports. The proposed language in the bill would have taxed vapes and nicotine pouches as much as cigarettes based on the amount of nicotine they contain — and as a result, made e-cigarettes more expensive than cigarettes.

SUPREME COURT DENIES E-CIG COMPANY’S STAY APPLICATION — Supreme Court Justice Brett Kavanaugh denied Breeze Smoke’s stay application while it appealed FDA’s marketing denials for its products. The appeal reached the Supreme Court after judges in the 6th Circuit Court of Appeals disagreed on whether Breeze Smoke should be allowed to continue selling its products during its appeal, citing the 5th Circuit Court of Appeals decision to grant stays for other companies.

 

BECOME A GLOBAL INSIDER: The world is more connected than ever. It has never been more essential to identify, unpack and analyze important news, trends and decisions shaping our future — and we’ve got you covered! Every Monday, Wednesday and Friday, Global Insider author Ryan Heath navigates the global news maze and connects you to power players and events changing our world. Don’t miss out on this influential global community. Subscribe now.

 
 
Industry Intel

PFIZER AGREES TO BUY ARENA — Pfizer announced Monday it entered into an agreement to acquire Arena in a $6.7 billion all-cash deal for the drugmaker developing immuno-inflammatory disease treatments.

MODERNA MAKES MANUFACTURING PACT WITH AUSTRALIAN GOVERNMENT — The agreement in principle, announced Monday, sets plans in motion for the two parties to build a new facility in Victoria capable of producing up to 100 million mRNA vaccine doses annually.

Pharma Moves

Taylor Holgate has been promoted to be senior director for federal government affairs at the Consumer Healthcare Products Association. She most recently was the group’s director for federal government affairs.

Pharma in the States

SCOTUS DENIES REQUEST TO BLOCK NY HEALTH WORKER VAX MANDATE — The U.S. Supreme Court has denied a request to block New York’s vaccination mandate for health care workers because it doesn't have a religious exemption, POLITICO’s Shannon Young reports.

Pharma Worldwide

UK’S JOHNSON WARNS OF OMICRON ‘TIDAL WAVE’United Kingdom Prime Minister Boris Johnson Sunday launched a heightened effort to vaccinate British adults with a booster dose by the end of December — a month earlier than planned.

“No one should be in any doubt: There is a tidal wave of Omicron coming,” Johnson said.

AgencyIQ

Here are some highlights from our colleagues over at AgencyIQ, the regulatory insight platform for FDA.

New FDA guidance on real-world data expectations — FDA issued a new guidance document last week describing what it wants from life sciences companies submitting so-called real-world data to the agency. Congress, life sciences companies and regulators have all pushed in recent years for the broader use of data captured from outside of clinical trials, such as electronic health records, to support the development of new uses of existing medical products.

FDA’s new guidance establishes baseline expectations for what regulators will want to review when companies submit these types of data, including access to data sources so regulators can replicate analyses, discussions about the planned study and analysis in advance so companies don’t cherry-pick the best data or findings and any safety-related findings. Comments on the guidance are due by March 8.

Document Drawer

FDA issued guidance Friday outlining recommendations for permitted daily exposure to 2-methyltetrahydrofuran, cyclopentyl methyl ether and tert-butyl alcohol.

FDA on Friday issued draft guidance for developers of new products used to clean patients’ bowels ahead of a colonoscopy.

A new FDA draft guidance issued Friday contains recommendations for firms with cover letter attachments for controlled correspondence tied to an abbreviated new drug application.

FDA also issued guidance Friday describing certain risk evaluation and mitigation strategies requirements for tocilizumab while the drug is in shortage.

FDA announced it will hold a virtual Oncologic Drugs Advisory Committee meeting Feb. 10, 2022, at 10 a.m. EST to discuss Innovent Biologics’ biologics license application for its sintilimab injection as a first-line treatment for certain lung cancer patients. Comments are due Feb. 9, 2022 — but the committee will be provided those submitted on or before Jan. 27.

 

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