Balancing ethical norms and duties for the introduction of new medicines through conditional marketing authorization: a research agenda

Front Med (Lausanne). 2024 Jun 24:11:1408553. doi: 10.3389/fmed.2024.1408553. eCollection 2024.

Abstract

The European Medicines Agency's conditional marketing authorization (CMA) aims to expedite patient access to medicines for unmet medical needs by shifting a part of the drug development process post-authorization. We highlight ethical issues surrounding CMA, comprising (i) the complexity of defining unmet medical need; (ii) poor understanding of CMA and its impact on informed consent; (iii) hope versus unrealistic optimism; (iv) implications of prolonged post-authorization studies and potential patient harm; (v) rights and duties of patients surrounding participation in post-authorization studies; (vi) access to previously authorized CMA medicines; and (vii) the "benefit slippage" phenomenon, defined as the gradual shift of strict criteria to less strict criteria. We propose a comprehensive research agenda to address these ethical issues, and stress the need for multi-stakeholder engagement to ensure patient-centered use of CMA.

Keywords: European Medicines Agency; clinical ethics; conditional marketing authorization; expedited regulatory pathways; informed consent; research ethics; uncertainty; unmet medical need.

Grants and funding

The authors declare that financial support was received for the research, authorship, and/or publication of this article. The work for this article was in part funded by ZonMw (The Netherlands Organisation for Health Research and Development), through the TAILORED project: Toward a human iPSC neuronal platform for neurodevelopmental disorder therapeutic discovery, project number 10250022110002 (2021-2026). The funders had no role in study design, data collection and analysis, decision to publish, or preparation of the manuscript.