FDA Sets FY2009 User Fee Rates; Only a Modest Increase in PDUFA Fees Compared to FY2008

July 31, 2008

On August 1, 2008, FDA will publish a Federal Register notice announcing the Fiscal Year (“FY”) 2009 user fee rates established under the Prescription Drug User Fee Act (“PDUFA”).  A similar notice will also be issued with the FY 2009 user fee rates established under the Medical Device User Fee Amendments.

The FY2009 PDUFA application user fee rates have been set at $1,247,200 for an application requiring clinical data, and one-half of a full application fee ($623,600) for an application not requiring clinical data and a supplement requiring clinical data.  (An FDA guidance document defines the term “clinical data” for PDUFA user fee purposes.)  Annual establishment and product fees have been set at $425,600 and $71,520, respectively.  The FY2009 fees, which go into effect on October 1, 2008, are only a modest increase from those set for FY2008.  The table below tracks PDUFA user fees since the inception of PDUFA. 

FY

Rate

$ Difference & % Change From Previous FY

1993 (PDUFA I)

Application

$100,000

NA

Establishment

$60,000

NA

Product

$6,000

NA

1994

Application

$162,000

$62,000 (62%)

Establishment

$93,800

$33,800 (56.3%)

Product

$9,400

$3,400 (56.7%)

1995

Application

$208,000

$46,000 (28.4%)

Establishment

$129,000

$35,200 (37.5%)

Product

$12,200

$2,800 (29.8%)

1996

Application

$204,000

-$4,000 (1.9%)

Establishment

$135,300

$6,300(4.9%)

Product

$12,600

$400(3.3%)

1997

Application

$205,000

$1,000 (0.5%)

Establishment

$115,700

-$19,600 (-14.5%)

Product

$13,200

$600 (4.8%)

1998 (PDUFA II)

Application

$256,846

$51,846 (25.3%)

Establishment

$141,966

$126,266 (22.7%)

Product

$18,591

$5,391 (40.8%)

1999

Application

$272,282

$15,436 (6.0%)

Establishment

$128,435

-$13,531 (-9.5%)

Product

$18,364

-$227 (-1.2%)

2000

Application

$285,740

$13,458 (4.9%)

Establishment

$141,971

$13,536 (10.5%)

Product

$19,959

$1,595 (8.7%)

2001

Application

$309,647

$23,907 (8.4%)

Establishment

$145,989

$4,018 (2.8%)

Product

$21,892

$1,933 (10.1%)

2002

Application

$313,320

$3,673 (1.2%)

Establishment

$140,109

-$5,880 (-4.0%)

Product

$21,630

$262 (-1.2%)

2003 (PDUFA III)

Application

$533,400

$220,080 (70.2%)

Establishment

$209,900

$69,791 (49.8%)

Product

$32,400

$10,770 (49.8%)

2004

Application

$573,500

$40,100 (7.5%)

Establishment

$226,800

$16,900 (8.1%)

Product

$36,080

$3,680 (11.4%)

2005

Application

$672,000

$98,500 (17.2%)

Establishment

$262,200

$35,400 (15.6%)

Product

$41,710

$5,630 (15.6%)

2006

Application

$767,400

$95,400 (14.2%)

Establishment

$264,000

$1,800 (0.7%)

Product

$42,130

$420 (1.0%)

2007

Application

$896,200

$128,800 (16.8%)

Establishment

$313,100

$49,100 (18.6%)

Product

$49,750

$7,620 (18.1%)

2008 (PDUFA IV)

Application

$1,178,000

$281,800 (31.4%)

Establishment

$392,700

$79,600 (25.4%)

Product

$65,030

$15,280 (30.7%)

2009

Application

$1,247,200

$69,200 (5.9%)

Establishment

$425,600

$32,900 (8.4%)

Product

$71,520

$6,490 (10.0%)

By Kurt R. Karst