When is a drug in­tend­ed for a spe­cif­ic use? Not just when it's pro­mot­ed as such, FDA says in long-await­ed fi­nal rule

Af­ter more than 5 years of tweaks and de­lays, the FDA on Fri­day un­veiled its fi­nal “in­tend­ed use” rule, which clar­i­fies the types of ev­i­dence rel­e­vant to de­ter­min­ing whether a drug or de­vice is in­tend­ed for a new use, par­tic­u­lar­ly one that might be off-la­bel.

Over the years, bio­phar­ma in­dus­try groups have tak­en is­sue with the agency’s pro­posed changes on its in­tend­ed use reg­u­la­tions, ex­press­ing con­cerns that the FDA could ac­cuse com­pa­nies of vi­o­lat­ing the law sim­ply be­cause the firm knew that a drug or de­vice was be­ing pre­scribed or used by health­care providers off-la­bel.

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