RE: PEBEQ11 Jan 2018 21:22
Pomander, apologies for not responding, but a zombie client suddenly sprung back to (quasi-) life, arms outstretched on the sniff of investment, although, more likely, it's back to the grave by sunup Monday. But as long as they are covering my hours....
First, the PEBEQ is not necessarily flawed, only that the FDA does not currently agree that it's suited to measure subjective endpoints in the context of a pivotal study, almost certainly because there's insufficient background data to support utility.
As to impact, further delay is inevitable, if not a complete impasse. In theory, RP could crack on without agreement on the PRO and hope for mercy from an AdCom, but history suggests that this is what might be termed the "Lord Cardigan Gambit".
Au contraire, but placing the PEBEQ in the public domain makes good sense in that, through curiosity if nothing else, it could attract academic interest, which in turn would assist in building a case for its eventual (re)consideration as a study PRO. Normally, release of a new PRO instrument would be through peer reviewed publication: "web sales", without a sniff of supporting data, is a very strange way to go, even at only $5 per instruction sheet.
You make a good point regarding "over-engineering", and, having been through it with other products (migraine, IBS, medical foods), I couldn't agree more that there is an infuriating disconnect between demonstrated product efficacy/safety and what's demanded in support of simple label claim. But, as a wise man once said, there are two things certain in this world: death, and the FDA effing up your day.
Trademarks are easy (dozens of dedicated search engines). PLE, (not Recordati, the trademark owner) tried to register Fortacin in the US but failed to respond in sufficient time to complete the process, hence the less than memorable "SENSTEND".