What FDA might con­sid­er as de­lay­ing or deny­ing an in­spec­tion: New guid­ance spells out the specifics

The FDA is re­work­ing how it eval­u­ates cer­tain be­hav­iors (ac­tions, in­ac­tions, and cir­cum­stances) that the FDA may con­sid­er to be de­lay­ing, deny­ing, or lim­it­ing a drug or de­vice in­spec­tion.

Build­ing off a 2014 guid­ance on the same sub­ject, which didn’t in­clude de­vices, the re­vised draft guid­ance rec­og­nizes that in­spec­tion de­lays can oc­cur for many rea­sons that may be out of the fa­cil­i­ty’s con­trol, but when an own­er, op­er­a­tor or agent caus­es the “un­rea­son­able de­lay of an in­spec­tion,” this can cause the man­u­fac­tured drugs or de­vices to be con­sid­ered “adul­ter­at­ed.”

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