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Regulating Nanomedicine – Can the FDA handle it

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specific toxicity testing is needed to demonstrate their safety. However, stakeholders, government,

industry, academia and the public at large have offered various proposals to regulate nanomedicine,

including creating new laws and regulations, revising/modifying existing laws and regulations,

interpreting existing laws and regulations to cover nanomedicine, designing new nonregulatory

governance approaches such as voluntary industry standards and revising/modifying existing

nonregulatory approaches [23].




NANOPRODUCTS AS COMBINATION PRODUCTS

According to the US Code of Federal Regulation, 21 CFR Section 310.3 (g): "New drug substance

means any substance that when used in the manufacture, processing, or packing of a drug, causes that drug to

be a new drug, but does not include intermediates used in the synthesis of such substance." Therefore,

nanoformulations (e.g., "nanopharmaceuticals ") of existing therapeutics are considered new

formulations but not necessarily new molecular entities (NMEs).

All nanopharmaceuticals currently on the market have been approved by the FDA according

to preexisting laws and without any special testing (e.g., with respect to pharmacokinetic profiles).

However, approval of new "nanoformulations" has challenged the FDA's regulatory framework.

Products, including some that may contain nanomaterials or involve nanomedicine, submitted to the

FDA for market approval are evaluated on a categorybased system in one of the nine Centers that

focus on a specific area of regulation. For example, a drug, biologic, or device would be assigned for

evaluation respectively to the Center for Drug Evaluation and Research (CDER), the Center for

Biologics Evaluation and Research (CBER), or the Center for Devices and Radiological Health


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