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Application User Fees for Combination Products: Guidance for Industry and FDA Staff

FinalOffice of the Commissioner,Office of Clinical Policy and Programs,Office of Combination Products07/16/2024

Description

This document provides guidance to industry and FDA staff on application user fees for combination products as defined under 21 CFR 3.2(e). Combination products may be reviewed in a single application or in separate applications for the constituent parts, as appropriate. The guidance explains that combination products for which a single application is submitted should be assessed the applicable user fee associated with that particular type of application. The document also addresses how the Agency applies user fees for combination products when separate applications are submitted for the constituent parts. If the applicant chooses to submit two applications for a cross-labeled combination product, each would be assessed the applicable user fee for each application. In the infrequent situation when FDA determines that a single application is not appropriate and separate applications are warranted, the guidance describes how the total application fee amount might be reduced when the applicant qualifies for certain waiver provisions under the Prescription Drug User Fee Act (PDUFA) of the Federal Food, Drug, and Cosmetic Act (FD&C Act).

Scope & Applicability

Product Classes

3
Combination Product

Products combining drug, device, or biological constituents; Generally recommended for Enhanced Documentation; Requires 14971-based framework incorporating ICH Q9; A drug-device combination where the device constituent part detects ingestion.

Orphan Designated Product

Drug for a rare disease or condition

Humanitarian Device Exemption

Device for rare diseases or conditions

Stakeholders

3
Small Business

Target audience for the compliance guide

Office of Combination Products

Resource for applicants regarding combination products

State or Federal Government Entity

Entity exempt from certain application fees

Regulatory Context

Attributes

1
180 calendar days

Statutory deadline for submitting a refund request

Related CFR Sections (2)

See Also (8)