
Photo: Image Created With AI
I went to Washington, D.C., to push for greater accountability and stronger safety protections for patients who rely on brand-name and generic drugs

Photo: Image Created With AI
On September 16 and 17, 2026, I spoke at the FDA’s public hearings on the Prescription Drug User Fee Act (PDUFA) and Generic Drug User Fee Amendments (GDUFA) in Washington, D.C. I spoke in support of greater accountability of the pharmaceutical industry and for stronger safety protections for those who take generic and brand-name prescription drugs, which is roughly two-thirds of the adult population.
PDUFA, first enacted in 1992, allows the FDA to collect fees from pharmaceutical companies to help fund the review and post-approval safety oversight of new drugs. GDUFA, enacted in 2012, similarly collects fees from generic drug manufacturers to help fund the FDA’s generic drug program, including reviewing applications and inspecting drug manufacturing facilities, and monitoring generic drug safety and quality after approval.
Taken together, these industry fees provide a substantial share of the funding for the FDA’s drug review programs. This makes sense to me. Pharmaceutical companies are in business to profit from developing and marketing drugs, and I believe that FDA review fees are no different than other drug development costs to do business. Right now, the FDA is negotiating with pharmaceutical companies over the deadlines it will meet for drug approvals and what the companies will pay for their work. These negotiations take place every five years as PDUFA and GDUFA come up for reauthorization.
But the negotiations are terribly lopsided. The FDA is held to specific timelines for reviewing applications, responding to companies, and holding meetings throughout the drug review process — often measured in a set number of days. Yet after a drug hits the market, pharmaceutical companies may be required to submit safety reports or conduct follow-up studies without facing the same accountability if they fail to meet those obligations.
This is the first year that I’ve spoken at a GDUFA meeting. I did so because the American public needs more people and organizations like MedShadow to demand that the pharmaceutical industry step up, file its reports on time, and respond quickly to violations and red flags. Both the PDUFA and GDUFA agreements should include safety and quality metrics in their drug quality requirements.
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MedShadow has been investigating the safety of generic drugs for several years. Many of you attended our webinars and have read our articles. Most generic drugs are what they should be: less expensive substitutions for brand-name medications that work the same way as the originals. But manufacturing and quality control issues can sometimes affect how a generic drug performs. Issues such as incorrect potency, differences in how quickly a drug dissolves, or contamination can affect its safety or effectiveness — and, in rare cases, lead to serious harm.
Even when a drug is manufactured exactly as intended, however, our understanding of its risks evolves.
A drug is approved based on limited information from a limited population over a limited period of time (i.e., clinical trials). Then it enters the real world. Millions of people may take it. They may also take other drugs with it. These people have conditions and characteristics that may not have been well represented in initial clinical trials. As a drug’s reach expands, we learn more about adverse events, interactions, long-term effects, and real-world effectiveness.
But much of the system designed to identify problems after a drug reaches the market is reactive. Quality problems may only come to light through patient complaints or reports of adverse events from healthcare professionals. Those reports are largely what prompt the FDA to investigate further, including by testing the drug itself.
Some degree of postmarket surveillance will always be necessary; no preapproval process can uncover every potential problem. We, the people and the patients, serve as the primary warning system for preventable manufacturing and quality failures. Since that is true, the FDA and pharma must respond early and quickly to safety signals.
PDUFA and GDUFA play an important role in getting good medications to patients as quickly as reasonably possible. But speed cannot be the only measure of success.
As the FDA and drug manufacturers negotiate the next PDUFA and GDUFA agreements, they have an opportunity to strengthen the systems that protect patients after a drug reaches the market — not just those that get it there. Patient safety should be part of those negotiations from the start.
To learn more, you can watch my full comments from the hearings below.
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<p>On September 16 and 17, 2026, I spoke at the FDA's public hearings on the Prescription Drug User Fee Act (PDUFA) and Generic Drug User Fee Amendments (GDUFA) in Washington, D.C. I spoke in support of greater accountability of the pharmaceutical industry and for stronger safety protections for those who take generic and brand-name prescription drugs, which is roughly <a href="https://acrobat.adobe.com/link/spaces/urn:aaid:sc:US:a5663563-3e7d-46fa-b139-e007fbc24a6e">two-thirds of the adult population</a>.</p>
<!-- /wp:paragraph -->
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<p><a href="https://www.fda.gov/industry/fda-user-fee-programs/prescription-drug-user-fee-amendments">PDUFA, first enacted in 1992</a>, allows the FDA to collect fees from pharmaceutical companies to help fund the review and post-approval safety oversight of new drugs. <a href="https://www.fda.gov/industry/generic-drug-user-fee-amendments/gdufa-i">GDUFA, enacted in 2012</a>, similarly collects fees from generic drug manufacturers to help fund the FDA’s generic drug program, including reviewing applications and inspecting drug manufacturing facilities, and monitoring generic drug safety and quality after approval.</p>
<!-- /wp:paragraph -->
<!-- wp:paragraph -->
<p>Taken together, these industry fees <a href="https://www.fda.gov/about-fda/user-fee-reports/user-fee-financial-reports">provide a substantial share</a> of the funding for the FDA’s drug review programs. This makes sense to me. Pharmaceutical companies are in business to profit from developing and marketing drugs, and I believe that FDA review fees are no different than other drug development costs to do business. Right now, the FDA is negotiating with pharmaceutical companies over the deadlines it will meet for drug approvals and what the companies will pay for their work. These negotiations take place every five years as PDUFA and GDUFA come up for reauthorization.</p>
<!-- /wp:paragraph -->
<!-- wp:paragraph -->
<p>But the negotiations are terribly lopsided. <a href="https://www.fda.gov/media/151712/download">The FDA is held to specific timelines</a> for reviewing applications, responding to companies, and holding meetings throughout the drug review process — often measured in a set number of days. Yet after a drug hits the market, pharmaceutical companies may be required to submit safety reports or conduct follow-up studies <a href="https://oig.hhs.gov/documents/evaluation/2591/OEI-01-14-00390-Complete%20Report.pdf">without facing the same accountability</a> if they fail to meet those obligations.</p>
<!-- /wp:paragraph -->
<!-- wp:paragraph -->
<p>This is the first year that I’ve spoken at a GDUFA meeting. I did so because the American public needs more people and organizations like MedShadow to demand that the pharmaceutical industry step up, file its reports on time, and respond quickly to violations and red flags. Both the PDUFA and GDUFA agreements should include safety and quality metrics in their drug quality requirements. </p>
<!-- /wp:paragraph -->
<!-- wp:paragraph -->
<p>MedShadow has been <a href="https://medshadow.org/investigating-generics/">investigating the safety of generic drugs</a> for several years. Many of you attended our <a href="https://medshadow.org/webinars/">webinars</a> and have read our articles. Most generic drugs are what they should be: less expensive substitutions for brand-name medications that work the same way as the originals. But manufacturing and quality control issues can sometimes affect how a generic drug performs. Issues such as incorrect potency, differences in how quickly a drug dissolves, or contamination can affect its safety or effectiveness — and, in rare cases, lead to serious harm.</p>
<!-- /wp:paragraph -->
<!-- wp:paragraph -->
<p>Even when a drug is manufactured exactly as intended, however, our understanding of its risks evolves.</p>
<!-- /wp:paragraph -->
<!-- wp:paragraph -->
<p>A drug is approved based on limited information from a limited population over a limited period of time (i.e., clinical trials). Then it enters the real world. Millions of people may take it. They may also take other drugs with it. These people have conditions and characteristics that may not have been well represented in initial clinical trials. As a drug’s reach expands, we learn more about adverse events, interactions, long-term effects, and real-world effectiveness.</p>
<!-- /wp:paragraph -->
<!-- wp:paragraph -->
<p>But much of the system designed to identify problems after a drug reaches the market is <em>reactive</em>. Quality problems may only come to light through patient complaints or reports of adverse events from healthcare professionals. Those reports are largely what prompt the FDA to investigate further, including by testing the drug itself.</p>
<!-- /wp:paragraph -->
<!-- wp:paragraph -->
<p>Some degree of postmarket surveillance will always be necessary; no preapproval process can uncover every potential problem. We, the people and the patients, serve as the primary warning system for preventable manufacturing and quality failures. Since that is true, the FDA and pharma must respond early and quickly to safety signals.</p>
<!-- /wp:paragraph -->
<!-- wp:paragraph -->
<p>PDUFA and GDUFA play an important role in getting good medications to patients as quickly as reasonably possible. But speed cannot be the only measure of success.</p>
<!-- /wp:paragraph -->
<!-- wp:paragraph -->
<p>As the FDA and drug manufacturers negotiate the next PDUFA and GDUFA agreements, they have an opportunity to strengthen the systems that protect patients after a drug reaches the market — not just those that get it there. Patient safety should be part of those negotiations from the start.</p>
<!-- /wp:paragraph -->
<!-- wp:paragraph -->
<p>To learn more, you can watch my full comments from the hearings below.</p>
<!-- /wp:paragraph -->
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We think it’s invaluable — and hope you agree. Our journalism is made possible by donations from readers like you.
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