The Emergency Use Authorization of Peramivir for Treatment of 2009 H1N1 Influenza

On October 23, 2009, Food and Drug Administration (FDA) Commissioner Margaret Hamburg issued an Emergency Use Authorization (EUA) for peramivir for intravenous injection (BioCryst Pharmaceuticals). Peramivir is an unapproved investigational neuraminidase inhibitor that may be effective in treating certain hospitalized adult and pediatric patients with suspected or confirmed cases of 2009 H1N1 influenza. The EUA allows health care providers to use peramivir, subject to specified conditions. This is the first EUA that has been issued for an unapproved drug. The legal standard for the authorization of an EUA during a declared public health emergency requires a finding that it is "reasonable to believe" that the product "may be effective," as well as a finding that its known and potential benefits outweigh its known and potential risks.¹ There must also be no other adequate, approved, and available treatment alternatives for the specific indication. This is a lower evidentiary standard than that used for marketing approval, which requires a finding of "substantial evidence" of efficacy for the proposed use based on adequate and well-controlled trials, as well as a robust safety evaluation.