Moderna spent $1 billion on a trial based on FDA guidance that was later deemed unacceptable. This arbitrary "changing of the rules" after the fact makes long-term, capital-intensive investment in new medicines like vaccines extremely risky for pharmaceutical companies.
Following its decision, FDA officials appeared on news channels and made pointed comments, including suggesting Moderna show "humility." This public relations offensive is unusual for a regulatory agency and serves as a warning to the industry, reflecting a newly adversarial relationship with developers.
Reporting reveals that FDA staff are fearful of Director Prasad due to his tendency to overturn scientific decisions and push out senior leaders. This environment stifles the voices of career scientists and has led to a "deleterious effect" on the center, potentially compromising the integrity of the review process.
The FDA's "refuse to file" decision is highly unusual, occurring in only 4% of cases and typically for incomplete or flawed applications. Using it to block Moderna's submission over a previously-agreed-upon trial comparator suggests a strategic shift in regulatory posture, not a simple procedural issue.
The FDA's justification for rejection hinges on the vaccine's trial design for the 65+ population. Traditionally, the FDA grants broad approval, and the CDC's ACIP makes specific usage recommendations. The FDA is now blurring these lines, pre-judging post-market public health guidance.
The decision to block Moderna's application was made personally by CBER Director Dr. Vinay Prasad, against the recommendation of the FDA's vaccine office staff. This unusual top-down intervention bypasses standard scientific review processes, raising concerns about politicization and the integrity of the regulatory process.
Moderna's trial used a standard-dose comparator, the same design basis on which the FDA previously approved two other enhanced flu vaccines for seniors. The agency's refusal to review Moderna's data ignores its own scientific and regulatory precedent, suggesting the application of a new, unstated standard.