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A Faster Pathway to Drug Approvals

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File this under "awesome but unlikely to happen." A thinktank called the Pacific Research Institute has proposed letting drugs approved by the European Medicines Authority (EMA) onto the market in the U.S. before the Food and Drug Administration has approved the drugs.

A radical idea, for sure, but the proposal has some merit:

  • The EMA does a pretty good job of reviewing drugs.
  • Of the drugs looked at by the institute, and which both agencies approved, the European agency approved the drugs 97 days faster than its U.S. counterpart, on average.
  • Patients could get medications more quickly. More importantly for investors, companies could get revenue with equal speed.

Drug

Company

Days between EU and U.S. approval

Vasovist

EPIX Pharmaceuticals

1,176

Banzel

Eisai

668

Toviaz

Pfizer (NYSE: PFE  )

560

Uloric

Takeda Pharmaceuticals

298

Effient

Eli Lilly (NYSE: LLY  )

135

Source: Pacific Research Institute.

In fairness, the FDA did finish first for some of the drugs approved by both agencies: Celgene's (Nasdaq: CELG  ) Vidaza, Gilead Sciences' (Nasdaq: GILD  ) Ranexa, Shionogi and Johnson & Johnson's (NYSE: JNJ  ) Doribax, and BioMarin Pharmaceuticals' (Nasdaq: BMRN  ) Kuvan, for instance. Still, this proposal would allow the best of both worlds. Drugmakers could launch whether the FDA or the EMA approved the drug first.

The Pacific Research Institute concludes that a little friendly competition couldn't hurt, either. And if you think about it, the author may be on to something. The FDA has a monopoly on drug approvals in the U.S., and as we all know, it's easy to get complacent when there's a lack of competition.

Sure, the FDA has some checks on its speed. The Prescription Drug User Fee Act (PDUFA) provides goals for making decisions about drugs in a timely manner, but there's no real punishment that I know of if the agency doesn't meet those goals.

Furthermore, that goal may actually be counterproductive. So many drugmakers get their FDA approvals on the PDUFA date that one has to wonder whether the FDA is finishing early, but doesn't want to announce the approval before its deadline, for fear of the ramifications if unforeseen side effects appear. Detractors would no doubt point to the early approval as a sign that the FDA didn't spend long enough reviewing the drug.

On the flipside, sanofi-aventis' (NYSE: SNY  ) Jevtana, a cancer treatment where side effects aren't that important, received an approval less than three months after the company submitted its marketing application. While that's the exception, it shows that the agency can move quickly if it wants to.

Of course, it won't ever happen
Politicians who make the laws won't go for the Pacific Research Institute's proposal, because the idea of allowing other countries to exert their control in our territory is ridiculous. Or so the politicians would say. Plus, I doubt the FDA bureaucracy would stand still while someone took away its power, either.

You only need to point to a drug such as Sanofi's obesity drug Acomplia, which was approved in Europe, but turned down in the U.S. because of psychiatric side effects. The drug inhibits the same receptor that marijuana stimulates, thereby avoiding the munchies, but increasing depression, anxiety, and stress disorders in patients. The EU eventually revoked the drug.

But the point is still there
The chance that the Pacific Research Institute's proposal makes it anywhere is pretty slim. But it could actually stimulate discussion to get at the root of the problem. FDA approvals take way too long, and in some instances, the agency is more conservative than it needs to be. That hurts patients, drug companies, and investors alike.

The PDUFA was a good start, but maybe it's time to kick up the speed a notch.

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Fool contributor Brian Orelli, Ph.D., doesn't own shares of any company mentioned in this article. The Fool has a disclosure policy.


Comments from our Foolish Readers

Help us keep this a respectfully Foolish area! This is a place for our readers to discuss, debate, and learn more about the Foolish investing topic you read about above. Help us keep it clean and safe. If you believe a comment is abusive or otherwise violates our Fool's Rules, please report it via the Report this Comment Report this Comment icon found on every comment.

  • Report this Comment On July 30, 2010, at 11:00 PM, RegulatoryExpert wrote:

    Approvals by the EU??

    Anyone remember Thalidomide disaster? Or more recently, Accomplia (Sanofi) which was first approved by the EU but the shrewed FDA reviewers found something and did not approve it. 8 or 9 months later, The EU yanked the drug from the market! Thanks but no thanks!!

  • Report this Comment On July 31, 2010, at 9:14 PM, imyoung wrote:

    Thalidomide was commercially produced by the German pharmaceutical company Grünenthal in the 1950s and used in various countries between 1957 and 1961 when it was withdrawn from the market. The approval for this particular drug with its disastrous consequences to the unborn had nothing to do with the European Union (EU) nor the European Medicines AGENCY (EMA).

    The EU was establish by the Treaty of Maastricht about forty years later in 1993 (official website: http://europa.eu/) and the European Medicines AGENCY (EMA) was established in 1995 http://www.ema.europa.eu/.

    While it is fortunate that the FDA did not approve Thalidomide in the late 1950s, the drug was approved by the FDA in 1998 for the use in leprosy and in 2006 for a particular type of bone marrow cancer. Thalidomide is marketed by Celgene under the trade name of Thalomid® http://www.celgene.com/about-celgene/biopharmaceutical-compa... .

    Any ‘regulatory expert’ will know that in 1999 the shrewd FDA reviewers approved Vioxx® (rofecoxib), a drug that caused serious ill health and even death? Merck used studies masquerading as clinical science to bolster their marketing and long-term users of this arthritis medication doubled their risk of suffering a heart attack or stroke.

    And there was the FDA-approved Trasylol® (aprotinin) by Bayer AG that was used in open heart surgery to reduce bleeding but turned out to have severe often fatal side effects. Dr. Dennis Mangano estimated that 22,000 lives could have been saved if the FDA had been quicker to take it off the market. Like Merck, Bayer withheld information of their own studies http://www.pharmalot.com/2007/08/bayer-and-trasylol-it-was-a....

    Neither the FDA nor the EMA will always make perfect calls. One of the major problems they have is that drug companies are less than forthcoming in submitting negative data and risk. Once a drug is approved, they often fail to report untoward side-effects to the FDA in a timely manner. These regulating agencies have a whole lot less money at their disposal than the mega-Pharma companies they are supposed to oversee.

  • Report this Comment On July 31, 2010, at 11:05 PM, mrcsn wrote:

    I submitted a comment this afternoon under mrcsn and it was not posted. What gives?

  • Report this Comment On August 02, 2010, at 4:50 PM, TMFBiologyFool wrote:

    mrcsn,

    Try resubmitting again. The web isn't foolproof; it sometimes even eats comments from those of us with TMF in front of our names.

    -Brian

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