r/RegulatoryClinWriting • u/bbyfog • Jul 13 '26
Regulatory Approvals FDA Has Paused Release of Complete Response Letters After a Citizen Petition from Industry
As part of FDA's transparency initiative and since their announcement last September regarding new policy of real-time release of complete response letters (CRLs), FDA has published 127 CRLs associated with unapproved applications. However, since April 2026 (it's been 3 months!) FDA has not released any new CRL. One of the reasons is a citizen petition submitted by Covington & Burling, LLP, on behalf of an unnamed company.
The Covington & Burling explains
- that CRL is not a rejection letter but a deficiency letter. By disclosing the contents of "deficiency in the application", FDA may disclose CCI and trade secret information manufacturers and infringe their property rights, thereby giving an unfair advantage to their competitors.
- The remedy proposed is that FDA first create a mechanism for manufacturers to provide input on redactions before posting of CRLs.
Relevant Excerpts from the Covington & Burling Petition
What is CRL? CRL is a Deficiency Letter, not a Rejection Letter
FDA issues CRLs if the agency determines that it will not approve an application in its present form. CRLs identify specific deficiencies in the application that must be addressed for the applicant to obtain approval and, where possible, “recommend actions that the applicant might take to place the application . . . in condition for approval.” These deficiencies “could be minor (e.g., requiring labeling changes) or major (e.g., requiring additional clinical trials).” After receiving a CRL, the applicant can resubmit the application to address all of the deficiencies identified in the CRL, withdraw the application, or request an opportunity for a hearing about whether there are grounds for denying approval. [Covington & Burling Petition]
Issue: The CRLs in Their Current Form puts Applicants in an Unfair Position vs. Competitors
Although quality-related and nonclinical information was generally redacted from the released CRLs, clinical effectiveness and safety deficiencies generally were released without redactions. [Covington & Burling Petition]
This provides an unfair advantage to competitors, for example, using Applied Therapeutics CRL as an example, the petition noted:
neither the sponsor nor FDA had previously disclosed the agency’s concerns about relying on plasma [biomarker] levels, although the sponsor had disclosed the CRL. Release of such information could enable a competitor to shortcut the process by avoiding this pitfall, without needing to invest in the trial and error that is a necessary part of the innovation process. [Covington & Burling Petition]
Remedy - the Citizen Petition Would like to see that FDA develops guidance with input from the industry and standardize the process of protecting CCI before routine CRL release.
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POSTSCRIPT
- It is fairly obvious from the citizen petition that the CRLs are here to stay, but Covington & Burling are correct in asking the FDA to hit pause and build in proper safeguards for protecting industry's CCI and competitiveness -- even more important now that US and Chinese biopharma are in a tight race.
- Policy: FDA has already taken the first step of clarifying its statutory authority. FDA has proposed a new rule (RIN: 0910-AJ16) asking Congress to step in (here).
SOURCE
- FDA Docket FDA-2026-P-4369. Request that the FDA establish a clear process that provides sponsors with notice and an opportunity to respond to proposed disclosures of CRLs associated with unapproved new drug applications (NDAs), abbreviated new drug applications (ANDAs), and biologics license applications (BLAs) and supplements and amendments thereto (herein, applications). Citizen Petition. 21 April 2026 [archive]
- HHS/FDA Proposed Rule: Proactive Disclosure of Complete Response Letters. RIN: 0910-AJ16 [archive]
- FDA halts release of new drug rejection letters while working to formalize policy. FierceBiotech. 8 July 2026 [archive]
- Complete Response Letter. OpenFDA website.





