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πŸ‡ΊπŸ‡Έ United States Market

Regulatory Support for
Pharmaceuticals in USA

The United States represents the largest continental pharma market worldwide and holds a major share of the global market. The U.S. is expected to retain its leading position in the global pharmaceuticals market with a market share of 43.72% in 2023, improving on its market share compared to 2017. The FDA is the main regulatory body that handles drug approval in the United States.

πŸ” FDA Drug Approval Pathways

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IND Application
Investigational New Drug β€” Clinical Trial Authorization

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NDA Approval
New Drug Application β€” Full Premarket Review

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NDA 505(b)(2)
Bridging Application β€” Relies on Existing Data

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ANDA Submission
Section 505(j) β€” Generic Drug Approval

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US FDA Pharmaceutical & Drug Registration

All companies planning to market a pharmaceutical product in the United States need to obtain drug approval from the US FDA.

βœ… IND
βœ… NDA
βœ… 505(b)(2)
βœ… ANDA

⚠️ Key Requirement: The FDA approval process begins only after the submission of the Investigational New Drug (IND) application. A New Drug Application (NDA) can be filed only when the drug successfully passes all three phases of clinical trials.

Overview

The US FDA Drug Approval Process Explained

The Food and Drug Administration (FDA) is the regulatory body for drug approval in the USA and is responsible for protecting and promoting public health.

The Center for Drug Evaluation and Research (CDER) is a division of the U.S. Food and Drug Administration (FDA) that monitors most drugs as defined in the Food, Drug, and Cosmetic Act.

The FDA approval process begins only after the submission of the Investigational New Drug (IND) application. If the results prove safe in the preclinical trials, the sponsor can submit an IND application with the FDA to start clinical trials in humans. The sponsor is responsible for the submission of the IND application.

πŸ“ž Speak with an FDA Expert

Step-by-Step Process

Overview of the IND & NDA Approval Process

A structured pathway to US market entry for pharmaceutical products β€” from pre-IND assessment through clinical trials, NDA review, and marketing authorization.

01
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Organize a Pre-IND Assessment

A Pre-IND assessment can be organized with the FDA to deliberate multiple issues such as the design of animal research required to support clinical studies, the intended protocol for conducting the clinical trial, and the chemistry, manufacturing, and control of the investigational drug.

Pre-IND

02
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Submit the IND Application

If the results prove safe in the preclinical trials, the sponsor submits an Investigational New Drug (IND) application to start clinical trials in humans. Requirements include FDA forms 1571, 1572, and 3674, protocols, chemistry, manufacturing and control information, and pharmacology and toxicology information.

IND Forms

03
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FDA Review Team Assignment

An applicant with all the required information applies to the FDA. On receiving the application, the FDA forwards it to the review team.

FDA Review

04
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30-Day Safety Review

Within 30 days after the IND sealing date, the review team provides its positive or no response, after which the sponsor can start clinical trials.

30 Days

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Conduct Clinical Trials

Within 60 days from announcing the IND, the sponsor shall submit the reports of clinical trials. The sponsor shall conduct a meeting one month before ending Phase II trials.

Phase I–III

06
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Initiate Pre-NDA

After the completion of Phase III trials successfully, the sponsor shall initiate the pre-NDA 9–12 months before NDA submission. Generally, the FDA approves the IND within two years, though this timeline may range from several months to years.

9–12 Months

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Pre-NDA Meeting

The process starts with a Pre-NDA meeting, which addresses the submission of the NDA including issues such as format and content.

Pre-NDA Meeting

08
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NDA Submission & Filing

A New Drug Application (NDA) can be filed only when the drug successfully passes all three phases of clinical trials and comprises all animal and human data, analyses, the pharmacokinetics of the drug, its manufacturing, and the anticipated label. Two copies are required β€” an archival copy and a review copy.

NDA Filing

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Filing Decision by CDER

The FDA has 60 days to decide whether to accept the file for review. The FDA forwards the file to CDER, which evaluates eligibility for filing; if found eligible, it accepts the application and forwards it to the FDA reviewer team.

60 Days

10
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FDA Facility Inspections

The FDA conducts inspections of regulated facilities to determine a firm’s compliance with applicable laws and regulations, such as the Food, Drug, and Cosmetic Act and related Acts.

Inspection

11
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CDER Review

Within 180 days, the reviewer team submits the report to CDER. The preclinical, clinical reports, and risk-benefit analysis are studied at the Center for Drug Evaluation and Research.

180 Days

12
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Marketing Authorization

If the review result is positive, the FDA issues marketing authorization to the sponsor, allowing the drug to be marketed in the United States.

Approved

FDA Pathways

NDA 505(b)(2) vs ANDA β€” Which Pathway Applies?

Understanding the right submission pathway is critical to a successful FDA regulatory strategy.

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NDA 505(b)(2) β€” Bridging Application

For applications relying on data not conducted by or for the applicant

Relies on one or more investigations not conducted by or for the applicant, without a right of reference or use

Example: a change in the route of administration, such as from an intravenous to an intrathecal route

Can be submitted for an NCE when part of the data is from studies not conducted by the applicant, often from published studies

May rely on the agency’s finding of safety and effectiveness of a previously approved product, plus data supporting the change

Approval process follows the same as NDA approval; CDER reviews β‰₯90% of standard NDAs within ten months

Eligible for 3 years of Hatch-Waxman exclusivity, or 5 years for a new chemical entity

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ANDA β€” Abbreviated New Drug Application

For generic drugs submitted under section 505(j)

Overseen by the Office of Generic Drugs (OGD), ensuring generics are safe, effective, and high-quality

FDA-approved generic drugs account for about 90 percent of prescriptions filled in the United States

The sponsor applies for the ANDA to the FDA under section 505(j)

Full Approval: all valid patents and exclusivities for the reference listed drug (RLD) are expired or legal issues are settled

Tentative Approval: meets all quality, safety, and efficacy standards but cannot yet be marketed due to patents or exclusivity

An Acceptance / Refuse to Receive (RTR) letter is issued based on the completeness of the ANDA

Our Expertise

FDA Drug Regulatory Services We Provide

Comprehensive support across every stage of the US FDA pharmaceutical regulatory lifecycle.

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IND Applications

Investigational New Drug (IND) Applications.

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New Drug Applications

New Drug Applications (NDAs).

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ANDAs

Abbreviated New Drug Applications (ANDAs).

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Biologics License Applications

Biologics License Applications (BLAs).

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Drug Master Files

Drug Master Files (DMFs).

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U.S. Agent

Act as a US Agent for foreign applicants.

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Pre-Submission Administrative Activities

ANDA number request, labeler code request, establishment SPL submission and GDUFA cover sheet generation.

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eCTD Dossier Submission

Compilation and submission of the dossier in eCTD format.

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Development & Manufacturing Consultation

Consultation during the ongoing, completed developments and manufacturing of the finished product.

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Amendments

Amendments (query responses and unsolicited information) compilation and submission to all types of submissions.

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Post-Approval & Life Cycle Management

Post-approval (CBE-0, CBE-30 & PAS) and life cycle management (annual report) compilation and submission.

Get Started

Ready to Enter the US Pharmaceutical Market?

RABT Global’s FDA regulatory specialists are ready to guide your drug through every step β€” from IND submission to NDA, 505(b)(2), and ANDA approval and beyond.

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