Food and Drug Administration

The FDA regulates food safety, pharmaceuticals, medical devices, cosmetics, and tobacco products - about 25% of all consumer spending in the US. As the world's most influential drug regulator, FDA approval is often the prerequisite for global market access.

The FDA's dual mandate creates inherent tension: approve drugs too quickly and patients are harmed by unsafe products; approve too slowly and patients are harmed by delayed access. This tension shapes everything the agency does.

Underappreciated Fact

About 65% of FDA's drug review budget comes from 'user fees' paid by the pharmaceutical companies being regulated. This PDUFA (Prescription Drug User Fee Act) system, started in 1992, created faster approvals but also potential conflicts. The FDA approves drugs based on company-funded trials that companies design.

Key Facts

Silver Spring, Maryland
Headquarters

Power Dynamics

Formal Power

Broad authority over product approval and enforcement

Actual Power

Industry funds majority of drug review; Congressional pressure (especially for rare diseases); patient advocacy groups influential for accelerated approval

  • Advisory committees can sink approvals
  • Congressional appropriations
  • Industry lawsuits
  • Citizen petitions (often industry-funded delay tactics)
  • Pharmaceutical manufacturers (funding)
  • Patient advocacy groups
  • Congressional oversight
  • Academic researchers

Revenue Structure

Food and Drug Administration Revenue Sources

User fees (PDUFA, etc.): 45% Congressional appropriations: 55% Total
  • User fees (PDUFA, etc.) 45%
  • Congressional appropriations 55%

From industry being regulated

Key Vulnerability

Dependent on industry fees for drug review; creates structural incentive alignment with industry

Comparison

More industry-funded than most international drug regulators

Decision Dynamics at Food and Drug Administration

Typical Decision Cycle years
Fast Slow
Fastest

COVID vaccines approved in months via EUA (Emergency Use Authorization)

Slowest

Some drug categories (Alzheimer's) have gone decades without approvals

Key Bottleneck

Clinical trial requirements are rate-limiting; safety signals can pause everything

Failure Modes of Food and Drug Administration

  • Thalidomide disaster (pre-1962 reforms)
  • Vioxx withdrawal (2004)
  • Opioid crisis approvals
  • Accelerated approval controversies (Aduhelm)
  • Type II errors (delays) less visible than Type I errors (bad approvals)
  • User fee dependence
  • Revolving door with industry

If accelerated approval drug causes major harm, political backlash could freeze innovation pathways

Biological Parallel

Behaves Like Checkpoint regulator with asymmetric error costs

Like a cell cycle checkpoint that can cause cancer if too permissive or prevent healing if too restrictive. The FDA faces asymmetric accountability: bad approvals (Vioxx, thalidomide) create scandals and reforms, while bad rejections (or delays) harm invisible patients who never get treatment. This pushes toward caution, creating 'drug lag' compared to some other jurisdictions.

Key Mechanisms:
checkpoint controlasymmetric error costtype i type ii tradeoff

Key Agencies

Center for Drug Evaluation and Research CDER

Drug approvals

Center for Biologics Evaluation and Research CBER

Vaccines and biologics

Center for Devices and Radiological Health CDRH

Medical devices

Related Governments

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