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Letter to FDA Commissioner Dr. Martin A. Makary RE: regulation of laboratory developed tests

We write to you regarding the District Court for the Eastern District of Texas’s March 31 decision in an industry-initiated lawsuit challenging FDA’s authority to regulate Laboratory Developed Tests (LDTs). As you know, the court ruled, in its primary finding, that LDTs are services, not devices, thereby setting aside a final rule that had been in the works at FDA for years. We expect the Agency is concerned about an opinion that removes authority from FDA over an important subset of medical products and erodes the Agency’s authority to ensure safe and effective diagnostics are on the market. View the resource below to keep reading.

Government Accountability
Lab sample testing; laboratory-developed tests (LDTs) are unregulated by FDA, leading to unreliable results and the risks of false positives or negatives.

Can you trust that lab-developed test? Here’s what to know

Laboratory-developed tests (LDTs), a $20B unregulated industry, pose risks with unreliable results. Learn more about these tests and the FDA's new final rule.

Government AccountabilityMarch 3, 2025M.M. Bailey
holding test tube

FDA’s Laboratory-Developed Tests Final Rule: District Court Amicus Brief

CSPI filed an amicus brief in support of FDA’s Final Rule strengthening oversight over Laboratory-Developed Tests (LDTs).

LitigationJanuary 31, 2025

Laboratory-developed tests final rule: public health benefits outweigh the costs

The clinical laboratory industry has loudly protested the Food and Drug Administration's final rule to oversee laboratory-developed tests, claiming the costs do not justify the benefits. FDA's economic impact analysis of the rule suggests otherwise. Download our fact sheet to discover how much the public stands to benefit from this rule.

Government Accountability
CDC scientist prepares biopsy sample for molecular testing in laboratory

Laboratory-developed tests: FDA moves to close loophole

Laboratory-developed tests have proliferated in volume and complexity. In 2024, the FDA released a rule that mandates LDTs to comply with current FDA requirements.

Government AccountabilityJuly 18, 2024Irene Ulrich, PharmD, MPH
row test tubes one being held by a hand with gloves contains blue liquid

Peter's Memo: Can you trust that lab-developed test?

When the FDA began regulating lab-developed tests, they were used on few patients. But LDTs are now used to diagnose or determine treatment for many diseases.

Government AccountabilityJuly 18, 2024Peter Lurie, MD, MPH
Lab Test

FDA finalizes much-needed rule to regulate laboratory-developed tests

Government AccountabilityApril 29, 2024

Letter to the Office of Management and Budget regarding FDA's final rule on laboratory-developed tests

The undersigned organizations support the regulation of laboratory-developed tests (LDTs) by the Food and Drug Administration (FDA) in order to ensure that patients and doctors are getting results that are clinically meaningful and accurate. LDTs are diagnostic tests that are developed and used in a single laboratory. They have become increasingly important in clinical practice but have evaded regulation by FDA for decades. LDTs that are inaccurate or not supported by scientific evidence put patients at risk for adverse health outcomes and increase healthcare costs. Click "View Letter" below to keep reading.

Government Accountability
A tray of small plastic test tubes

House panel to discuss FDA proposal to regulate lab-developed tests

Government AccountabilityMarch 21, 2024
Mother following the instructions to collect a sample of the covid test result at home

Lab-developed tests: Everything you need to know

Lab-developed tests can detect anything from COVID-19 to genetic diseases. But there is virtually no oversight of these devices. Here's what to know.

Government AccountabilityFebruary 14, 2024Brandy Foote
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