1. A Compliance Officers Guide to Surviving the StormCompliance
Insight, Inc. 513-860-3512 Copyrighted 2013
2. What is an FDA Warning LetterThe United States Food and Drug
Administration defines a Warning Letter as"...a correspondence that
notifies regulated industry about violations thatFDA has documented
during its inspections or investigations. Typically, aWarning
Letter notifies a responsible individual or firm that the
Agencyconsiders one or more products, practices, processes, or
other activities to bein violation of the Federal Food, Drug, and
Cosmetic Act (the Act), itsimplementing regulations and other
federal statutes. Warning Letters shouldonly be issued for
violations of regulatory significance, i.e., those that mayactually
lead to an enforcement action if the documented violations are
notpromptly and adequately corrected. A Warning Letter is one of
the Agencysprincipal means of achieving prompt voluntary compliance
with the Act.
3. Documents a violation of law or regulation Establishes that
a firm or person has beennotified of the violation Your response to
the FDA 483 may have beendeficient Designed to promote voluntary
compliance Stepping stone to regulatory action
4. What does this letter mean foryou and your firm? Warning
Letter is considered to be priornotice Respond within 15 days FDA
will initiate necessary action if noresponse is received Time is
CRITICAL you have to organize,understand, resolve and respond to
the FDA
5. Before we begin on the responsework, let me say a few words
about
6. Two Approaches To AssessmentFocusedAssessment
Basedspecifically onitems from theWarning
LetterOverallSystemicAssessment Look beyondthe specificitems,
otherareas/products
7. Writing the ResponseThere are some basic rules that can be
establishedregarding writing a response letter. Some or all ofthese
rules may apply depending upon the particularsituation of the firm
e.g. lengthy list ofobservations, serious issues on the warning
letter,etc.
8. Writing the Response1. Someone in a high level in a Quality
group (internal or external)should write the response.2. Personnel
copied on the response should include high-levelmanagement. This
shows that management at the firm is awareof the issues and the
commitments being made.3. Include a cover letter or opening
statement. Tell the FDA thatyou are serious about resolving the
issues. State the siteaddress of the audit and the dates.
9. Writing the Response4. Always remember that you are writing
the response to the auditorsmanagement governmental auditing bodies
do have supervisors andmanagers. Do not assume that the person
reading the reportunderstands the context of the observation or
your reply.5. Re-state the observation and reference number in the
response.Typically, the observation goes directly above the
response.6. If possible, indicate the related compliant systems.
This shows that youare in control and that some operations were
functioning withinacceptable GMP parameters.
10. Writing the Response7. If the action item is going to take
some time to implement, state whatwill be done in the interim to be
compliant with GMPs. Dont simplyindicate that actions will be taken
in six months to correct the issue inwhich you are currently out of
compliance without addressing what youwill do to be compliant from
the current date until the corrections areimplemented.8. If
corrective actions have already taken place, indicate the
following: Dates implemented Training performed (copies of training
sign-up sheets included) Copies of Purchase Orders, installation
work, etc. Copies of updated SOPs indicating what was changed.
11. Writing the Response9. Define how enhancements will prevent
recurrence of the issueobserved. Dont assume that the reader will
understand this fact.10. Explain what will be done to expand,
enhance or streamline thecompliance system.11. Dont forget about
training. Allow sufficient time to implementchanges to incorporate
training that may include proficiencytesting.
12. Writing the Response12. Describe how the firm will monitor
the progress and effectiveness of thecorrective actions.13. It may
be helpful to explain that despite the issues noted, there has
never beenan issue. It is not advisable to use this response tactic
each time but it can beadvantageous for critical observations to
state something on the order of theproduct has always met
predetermined quality parameters14. Revise, revise, revise. Allow
other people not directly involved with the audit toreview and
comment on the response. They may have insight on responsewording
that would assist in clarification or strengthening of points.
13. How the response should look
14. Indicating corrective actions taken orplannedRestating the
observation orcommentsDefining root causeDeveloping the due
dateWhen initially formulating a response, a 4-Stage Inspection
ResponseApproach may be helpful to develop perceptive on the format
of theresponse and contribute to a better understanding of what
actually needs tobe implemented to be compliant. This type of
approach includesItem1Item2Item3Item4
15. Cover Letter Example this isfrom top level managementWe are
in receipt of your communication dated --- on -----. We take
yourcommunication very seriously and commit ourselves to address
yourconcerns adequately and expeditiously. We will take all the
necessarymeasures to ensure our customers well-being and safety.
Enclosed pleasefind an attachment that addresses your concerns on
an individual and on asystematic basis.We agree that a sound
Quality System is the result of effectivemanagement commitment,
dedicated employees, and sound processesand practices.To that end
we have retained _____, a reputable consulting firm, to assessour
Quality System in greater detail and to help ensure that our
CorrectiveAction plan will address all systemic issues effectively.
We have attached aqualification profile for your review.
16. Response Letter from theresponse teamxx June 20xxU.S. Food
and Drug Administrationc/o , Compliance Officer, Re: Warning Letter
xxxDear Mr. xxx:This letter provides the response from to the Food
and Drug Administrations (FDA) Warning Letter dated xxx(Attachment
1) related to findings from FDAs inspection of xxx facility on xxx
through xxx. As the Warning Letter notes, xxxresponded to the FDA
Form 483 on xxx (Attachment 2 for the 483 and original response)
but notes that it did not provide anydetailed information regarding
proposed corrective actions. To address this point, xxx is also
including a more in-depth response, aspart of this letter to the
original 483 observations.xxx takes seriously its responsibilities
in providing a quality product to the public. It continues to be
xxx objective to operate inaccordance with current regulations as
stipulated by the US FDA. We value your communication and commit to
meeting currentGMP requirements. To this end, xxx has executed xxx
critically important actions:
17. W.L. ObservationDuring the inspection, our investigators
observed and documented xxx conditions. An analysis of your
xxxcollected during the inspection found significant xxx
contamination.ResponseIn conjunction with the conditions noted, xxx
has initiated the following:xxxImplementation and maintenance of a
clean and compliant environment has been executed as
detailedpreviously but includes the following
highlights:xxxPursuant to the situation as outlined by the FDA
testing of the xxx, xxx initiated a recall of the lot in xxx.The
investigation into the situation that caused this incident
indicated the following highlights:xxxRoot Cause of the
Situation:xxxAction PlanAs applicableDue Date
18. Beyond the Context of the DirectObservations A systemic
response to any audit observations must equate to asystemic
resolution to any issues within the firm. This action requires
further evaluation than just actions in asystem at a company site.
The FDA in particular will require that all company sites
implementcorrective actions along the same plan of action. Failure
to do so may result in further regulatory actions. Programs need to
be established which require any observationsand the responses to
be circulated for evaluation within acompany to determine if other
areas are non-compliant.
19. Be Sure to Visit Us On-Line or CallOur website is filled
with lots of tipsand guidance on FDA 483s, WarningLetters and more.
Visit us at:www.Compliance-Insight.comYou can easily contact us for
morehelp in dealing with FDA WarningLetters by calling us at
513-860-3512
20. www.Compliance-Insight.comCall us at 513-860-3512Email us
[email protected]? Comments?We
are happy to help you!