What If You Fail the FDA Pre Approval Inspection?

ng an FDA inspection is not the end of the world, butDEBARMENT: Any person held materially responsible
it can sure bring on a lot of trouble for you and yourfor data discrepancies or inconsistencies at an FDA
company. Either because of recklessness or becauseinspection can be debarred. This means that he may
you did not prepare enough for thenot provide his professional services to any company
inspectors’ visit. Failure at this stage will makewith a pending or approved NDA or ANDA. In fact,
the FDA doubt if your method of analysis and theany company submitting an NDA or ANDA to the
way you plan to manufacture your product are asFDA must first certify that no debarred individuals
you claim, “the best”. If afterparticipated in their application process.
reviewing the submitted information and establishingCRIMINAL INVESTIGATION: The
detailed specifications for manufacture and control ofDepartment’s criminal investigative powers
your product, FDA inspectors still won’t letare the most significant consequence of not passing
you pass, then trouble is just around the corner, andthe inspection. Once the FDA starts thinking that
a lot of issues need to be solved.there may be some fraud associated with your NDA
Some pharmaceutical consulting firms have identifiedsubmission, your exposure to criminal prosecution as
the most common problems to be expected aftera company or individual increases dramatically. Apart
failing FDA inspections. Here is a list:from being terribly disruptive to the company, it has
INCREASED NUMBER OF INSPECTIONS:a negative impact on your workers’ morale.
Discrepancies will lead to re-inspections to verify newDELAY IN APPROVAL FOR PRODUCTS NOT YET
data, repeated testing, and revised procedures.MARKETED: If the FDA considers your facility at
Inspectors will check that you made the suitablefault, they will not approve any pending NDAs. The
changes and will probably visit different clinicalargument is simple: faulty cGMPs.
investigators working with you as well. They need toIMPACT ON ONGOING RESEARCH: As in the case of
compare that all information submitted in theclinical research under IND exemption, and especially
application matches the one obtained in yourwhen manufacture or clinical testing has been
company and the data registered by the clinicalperformed in the same facility of the pending NDA.
investigators.As information from 483’s is published
THE APPLICATIONS INTEGRITY POLICY: Severeregularly, there is no way to prevent your failure
inconsistencies can be interpreted as an attempt offrom becoming public. This will affect your reputation,
fraud. Simple errors in the recording of data will makeand bring on some market issues as well:
information become utterly unreliable for the FDA.consumers’ trust in your product will be lost,
Then, they may invoke the Applications Integrityand stock prices will be affected negatively. All in all,
Policy, forcing the company to conduct its ownfailing an FDA inspection is a big disaster that you
internal audits, to check all the discrepancies betweenwant to avoid by all means. Your pharmaceutical
the submitted data and the real information. Theconsultants don’t exaggerate the paperwork
company will also be forced to identify for the FDAand records you need to prepare. They talk from
all individuals involved in the so calledexperience, and if you don’t follow their
“wrongful acts” and remove themadvice on doing things right from the beginning, at
from any leading position in matters under FDAleast be wise enough to have them around when
jurisdiction.you need to get out of trouble.