Notice2025-11928

Antibacterial Therapies for Patients With an Unmet Medical Need for the Treatment of Serious Bacterial Diseases-Questions and Answers; Guidance for Industry; Availability

Primary source

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Published
June 27, 2025

Issuing agencies

Health and Human Services DepartmentFood and Drug Administration

Abstract

The Food and Drug Administration (FDA or Agency) is announcing the availability of a final guidance for industry entitled "Antibacterial Therapies for Patients With an Unmet Medical Need for the Treatment of Serious Bacterial Diseases--Questions and Answers." This guidance assists in the clinical development of new antibacterial drugs to treat serious bacterial diseases in patients with unmet medical needs, including patients with a serious bacterial disease for which effective antibacterial drugs are limited or lacking. This guidance finalizes the draft guidance entitled "Antibacterial Therapies for Patients With an Unmet Medical Need for the Treatment of Serious Bacterial Diseases--Questions and Answers (Revision 1)" issued on May 24, 2022.

Full Text

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<title>Federal Register, Volume 90 Issue 122 (Friday, June 27, 2025)</title>
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[Federal Register Volume 90, Number 122 (Friday, June 27, 2025)]
[Notices]
[Pages 27621-27623]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-11928]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2013-D-0744]


Antibacterial Therapies for Patients With an Unmet Medical Need 
for the Treatment of Serious Bacterial Diseases--Questions and Answers; 
Guidance for Industry; Availability

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice of availability.

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SUMMARY: The Food and Drug Administration (FDA or Agency) is announcing 
the availability of a final guidance for industry entitled 
``Antibacterial Therapies for Patients With an Unmet Medical Need for 
the Treatment of Serious Bacterial Diseases--Questions and Answers.'' 
This guidance assists in the clinical development of new antibacterial 
drugs to treat serious bacterial diseases in patients with unmet 
medical needs, including patients with a serious bacterial disease for 
which effective antibacterial drugs are limited or lacking. This 
guidance finalizes the draft guidance entitled ``Antibacterial 
Therapies for Patients With an Unmet Medical Need for the Treatment of 
Serious Bacterial Diseases--Questions and Answers (Revision 1)'' issued 
on May 24, 2022.

DATES: The announcement of the guidance is published in the Federal 
Register on June 27, 2025.

ADDRESSES: You may submit either electronic or written comments on 
Agency guidances at any time as follows:

Electronic Submissions

    Submit electronic comments in the following way:
    <bullet> Federal eRulemaking Portal: <a href="https://www.regulations.gov">https://www.regulations.gov</a>. 
Follow the instructions for submitting comments. Comments submitted 
electronically, including attachments, to <a href="https://www.regulations.gov">https://www.regulations.gov</a> 
will be posted to the docket unchanged. Because your comment will be 
made public, you are solely responsible for ensuring that your comment 
does not include any confidential information that you or a third party 
may not wish to be posted, such as medical information, your or anyone 
else's Social Security number, or confidential business information, 
such

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as a manufacturing process. Please note that if you include your name, 
contact information, or other information that identifies you in the 
body of your comments, that information will be posted on <a href="https://www.regulations.gov">https://www.regulations.gov</a>.
    <bullet> If you want to submit a comment with confidential 
information that you do not wish to be made available to the public, 
submit the comment as a written/paper submission and in the manner 
detailed (see ``Written/Paper Submissions'' and ``Instructions'').

Written/Paper Submissions

    Submit written/paper submissions as follows:
    <bullet> Mail/Hand Delivery/Courier (for written/paper 
submissions): Dockets Management Staff (HFA-305), Food and Drug 
Administration, 5630 Fishers Lane, Rm. 1061, Rockville, MD 20852.
    <bullet> For written/paper comments submitted to the Dockets 
Management Staff, FDA will post your comment, as well as any 
attachments, except for information submitted, marked and identified, 
as confidential, if submitted as detailed in ``Instructions.''
    Instructions: All submissions received must include the Docket No. 
FDA-2013-D-0744 for ``Antibacterial Therapies for Patients With an 
Unmet Medical Need for the Treatment of Serious Bacterial Diseases--
Questions and Answers.'' Received comments will be placed in the docket 
and, except for those submitted as ``Confidential Submissions,'' 
publicly viewable at <a href="https://www.regulations.gov">https://www.regulations.gov</a> or at the Dockets 
Management Staff between 9 a.m. and 4 p.m., Monday through Friday, 240-
402-7500.
    <bullet> Confidential Submissions--To submit a comment with 
confidential information that you do not wish to be made publicly 
available, submit your comments only as a written/paper submission. You 
should submit two copies total. One copy will include the information 
you claim to be confidential with a heading or cover note that states 
``THIS DOCUMENT CONTAINS CONFIDENTIAL INFORMATION.'' The Agency will 
review this copy, including the claimed confidential information, in 
its consideration of comments. The second copy, which will have the 
claimed confidential information redacted/blacked out, will be 
available for public viewing and posted on <a href="https://www.regulations.gov">https://www.regulations.gov</a>. 
Submit both copies to the Dockets Management Staff. If you do not wish 
your name and contact information to be made publicly available, you 
can provide this information on the cover sheet and not in the body of 
your comments and you must identify this information as 
``confidential.'' Any information marked as ``confidential'' will not 
be disclosed except in accordance with 21 CFR 10.20 and other 
applicable disclosure law. For more information about FDA's posting of 
comments to public dockets, see 80 FR 56469, September 18, 2015, or 
access the information at: <a href="https://www.govinfo.gov/content/pkg/FR-2015-09-18/pdf/2015-23389.pdf">https://www.govinfo.gov/content/pkg/FR-2015-09-18/pdf/2015-23389.pdf</a>.
    Docket: For access to the docket to read background documents or 
the electronic and written/paper comments received, go to <a href="https://www.regulations.gov">https://www.regulations.gov</a> and insert the docket number, found in brackets in 
the heading of this document, into the ``Search'' box and follow the 
prompts and/or go to the Dockets Management Staff, 5630 Fishers Lane, 
Rm. 1061, Rockville, MD 20852, 240-402-7500.
    You may submit comments on any guidance at any time (see 21 CFR 
10.115(g)(5)).
    Submit written requests for single copies of this guidance to the 
Division of Drug Information, Center for Drug Evaluation and Research, 
Food and Drug Administration, 10001 New Hampshire Ave., Hillandale 
Building, 4th Floor, Silver Spring, MD 20993-0002. Send one self-
addressed adhesive label to assist that office in processing your 
requests. See the SUPPLEMENTARY INFORMATION section for electronic 
access to the guidance document.

FOR FURTHER INFORMATION CONTACT: Ramya Gopinath, Center for Drug 
Evaluation and Research, Food and Drug Administration, 10903 New 
Hampshire Avenue, Bldg. 22, Rm. 6150, Silver Spring, MD 20993, 240-402-
5328.

SUPPLEMENTARY INFORMATION:

I. Background

    FDA is announcing the availability of a guidance for industry 
entitled ``Antibacterial Therapies for Patients With an Unmet Medical 
Need for the Treatment of Serious Bacterial Diseases--Questions and 
Answers.'' The Federal Food, Drug, and Cosmetic Act (FD&C Act) provides 
several regulatory programs that are intended to expedite development 
and review of drugs for serious conditions. For example, section 3042 
of the 21st Century Cures Act (Pub. L. 114-255) established the limited 
population pathway for antibacterial and antifungal drugs (LPAD), to 
facilitate the development of certain drugs that are intended to treat 
a serious or life-threatening infection in a limited population of 
patients with unmet medical needs. The purpose of this guidance is to 
assist sponsors in the clinical development of new antibacterial drugs 
to treat serious bacterial diseases in patients with unmet medical 
needs. FDA considered the applicability of Executive Order 14192, per 
OMB guidance in M-25-20, and finds this action to be deregulatory in 
nature.
    This guidance finalizes the draft guidance entitled ``Antibacterial 
Therapies for Patients With an Unmet Medical Need for the Treatment of 
Serious Bacterial Diseases--Questions and Answers (Revision 1)'' issued 
on May 24, 2022 (87 FR 31568). FDA provided clarifying edits to the 
final guidance and included additional information after considering 
comments received on the draft guidance. Edits included deleting the 
nested noninferiority trials/superiority clinical trials section 
because of difficulty in interpreting such trials, updating the add-on 
superiority trial design section, and updating to include subjects with 
infections across body sites in trials.
    This guidance is being issued consistent with FDA's good guidance 
practices regulation (21 CFR 10.115). The guidance represents the 
current thinking of FDA on ``Antibacterial Therapies for Patients With 
an Unmet Medical Need for the Treatment of Serious Bacterial Diseases--
Questions and Answers.'' It does not establish any rights for any 
person and is not binding on FDA or the public. You can use an 
alternative approach if it satisfies the requirements of the applicable 
statutes and regulations.

II. Paperwork Reduction Act of 1995

    While this guidance contains no collection of information, it does 
refer to previously approved FDA collections of information. The 
previously approved collections of information are subject to review by 
the Office of Management and Budget (OMB) under the Paperwork Reduction 
Act of 1995 (44 U.S.C. 3501-3521). The collections of information in 21 
CFR part 312 for the submissions of investigational new drug 
applications, including clinical trial design, have been approved under 
OMB control number 0910-0014. The collections of information in 21 CFR 
part 314 pertaining to the submissions of new drug applications have 
been approved under OMB control number 0910-0001. The collections of 
information in the guidance for industry entitled ``Expedited Programs 
for Serious Conditions--Drugs and Biologics'' have been approved under 
OMB control number 0910-0765. The collections of information in 21 CFR 
201.56 and 201.57 for the content and format requirements for labeling 
of drugs and

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biologics have been approved under OMB control number 0910-0572.

III. Electronic Access

    Persons with access to the internet may obtain the guidance at 
<a href="https://www.fda.gov/drugs/guidance-compliance-regulatory-information/guidances-drugs">https://www.fda.gov/drugs/guidance-compliance-regulatory-information/guidances-drugs</a>, <a href="https://www.fda.gov/regulatory-information/search-fda-guidance-documents">https://www.fda.gov/regulatory-information/search-fda-guidance-documents</a>, or <a href="https://www.regulations.gov">https://www.regulations.gov</a>.

    Dated: June 24, 2025.
Grace R. Graham,
Deputy Commissioner for Policy, Legislation, and International Affairs.
[FR Doc. 2025-11928 Filed 6-26-25; 8:45 am]
BILLING CODE 4164-01-P


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Indexed from Federal Register on June 27, 2025.

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