FDA Warned of Overstepping Authority With Lab Test Rule Proposal

Federal efforts to bring laboratory tests to detect Covid-19, blood infections, cancers, and more under FDA authority received intense scrutiny from stakeholders that indicate significant legal hurdles for the final regulation.

The Food and Drug Administration this week faced heavy pushback on its proposed rule (RIN 0910-AI85) that would hand the agency explicit authority to regulate medical tests that come from a single laboratory, also known as lab-developed tests (LDTs). If finalized, the FDA could label LDTs as medical devices under the Federal Food, Drug, and Cosmetic Act, requiring the products to face additional rigorous review before being marketed. ...