PolicyBrief
S. 355
119th CongressFeb 3rd 2025
FDA Modernization Act 3.0
IN COMMITTEE

The FDA Modernization Act 3.0 mandates the replacement of animal testing with nonclinical testing methods in FDA regulations, reflecting advancements in science and technology.

Cory Booker
D

Cory Booker

Senator

NJ

LEGISLATION

FDA Modernization Act 3.0: New Rules Ditch 'Animal Tests' for Drug Approvals, Effective Immediately

The FDA Modernization Act 3.0 makes a significant shift in how new drugs are tested before they hit the market. The core change? It swaps out the term "animal tests" with "nonclinical tests" in the official rulebook, paving the way for more modern and potentially faster drug development processes.

Shifting the Testing Paradigm

This isn't just a word game. The Act mandates the Secretary of Health and Human Services to roll out an interim final rule within one year (SEC. 2). This rule solidifies the move away from traditional animal testing, replacing it with a broader category of "nonclinical tests." This means drug companies can start using cutting-edge technologies like computer modeling, organ-on-a-chip systems, and other advanced in vitro methods, instead of relying solely on animal models. Think of it like upgrading from an old flip phone to the latest smartphone – same basic function, but way more capabilities.

Real-World Rollout

This change is effective immediately (SEC. 2), meaning the FDA can start incorporating these new testing methods into their approval processes right away. For a pharmaceutical researcher, this could mean using a sophisticated computer simulation to test a drug's effects on the liver, rather than relying on traditional animal studies. The law also cleans up some outdated language in Title 21 of the Code of Federal Regulations, making sure everything is consistent with this new approach (SEC. 2). It also fixes a minor technical error in Section 505 of the Federal Food, Drug, and Cosmetic Act. (SEC. 2).

The Bigger Picture and Practical Challenges

While this shift could speed up drug development and reduce reliance on animal testing, there are a few things to keep an eye on. The law gives the Secretary of Health and Human Services the power to make additional changes to fully implement this new approach (SEC. 2). It is important for the Secretary to provide guardrails to ensure that the new methods are just as reliable as older ones.

Overall, the FDA Modernization Act 3.0 represents a step toward modernizing the drug approval process. By embracing advanced, non-animal testing methods, it opens the door to potentially faster, cheaper, and more ethical drug development. It's like giving the FDA a toolbox full of the latest tech – now they just need to use those tools effectively.