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House Republicans Challenge FDA On Warning Letter Appeals Process

This article was originally published in The Gray Sheet

Executive Summary

Senior House Republicans are challenging FDA on the fairness of its warning letter appeals process in response to an agency dispute with dental device manufacturer TMJ Implants

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House Republicans Continue To Press FDA On Warning Letter Appeals

FDA leadership needs to review the agency's enforcement dispute resolution process, say ranking Republicans on the House Energy and Commerce Committee

House Republicans Continue To Press FDA On Warning Letter Appeals

FDA leadership needs to review the agency's enforcement dispute resolution process, say ranking Republicans on the House Energy and Commerce Committee

TMJ decision

FDA administrative law judge rules July 6 that Colorado-based TMJ Implants and two executives are liable for civil money penalties of up to $630,000 for not filing 17 adverse event reports. The events were documented in a February 2004 warning letter to the firm, which makes temporomandibular joint prostheses. The company maintains its internal assessment showed the events did not meet the reporting threshold of causing or contributing to a serious injury and appealed the matter to the FDA commissioner before the agency entered a complaint with the administrative court in July 2005 (1"The Gray Sheet" Jan. 1, 2007, p. 4). The case has resulted in pressure on FDA from House Republicans questioning the fairness of the warning letter appeals process based on TMJ's assertions that its plea to the commissioner was short circuited (2"The Gray Sheet" May 7, 2007, p. 7)...

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