Generic Drug User Fee Amendments: How GDUFA Laws Speed Up FDA Review

post-image

Before 2012, the FDA was drowning in paperwork. Thousands of generic drug applications sat untouched for years. Patients waited longer for affordable medicines. Manufacturers didn’t know when - or if - their drugs would get approved. That changed with the Generic Drug User Fee Amendments (GDUFA), a law that turned a broken system into one that works. It didn’t just add money. It created structure, accountability, and speed where there was none.

What GDUFA Actually Does

GDUFA isn’t a tax. It’s a deal. The U.S. Food and Drug Administration (FDA) gets money from generic drug makers to review their applications. In return, the FDA promises to meet clear deadlines. Before GDUFA, the average review time for an Abbreviated New Drug Application (ANDA) was over 30 months. By 2020, that dropped to under 10 months. How? Because the law forced the FDA to act.

The fees come from companies that make generic drugs. They pay for inspections, reviewers, and system upgrades. The money can’t be used for anything else. Congress made sure of that. Every dollar goes into the generic drug program. That means more inspectors at factories, faster reviews, and fewer backlogs.

How the Fees Work

The fee structure is detailed, but it’s not random. It’s built around two things: where the drug is made, and what kind of drug it is.

There are two main types of facilities:

  • Finished Dosage Form (FDF) - where the pill or liquid is put together (like a pharmacy mixing ingredients into a final product).
  • Active Pharmaceutical Ingredient (API) - where the actual drug chemical is made (the core ingredient).

Each facility - whether in the U.S. or overseas - pays an annual fee. In 2025, a U.S. FDF facility pays $205,394. A foreign one pays $220,394. The $15,000 difference? That covers the cost of flying inspectors overseas. It’s not a penalty. It’s a cost recovery.

There are also one-time fees:

  • $182,775 for a new ANDA application
  • $81,645 for a supplement (changes to an already-approved drug)
  • $57,550 for a Drug Master File (DMF) when first used

These aren’t hidden costs. They’re published. Every year, the FDA releases exact numbers in the Federal Register. Companies know exactly what they owe - and when.

Why GDUFA Changed Everything

Before GDUFA, the FDA had no money to keep up. It had 100 reviewers for over 3,000 pending applications. Now, thanks to user fees, it has over 1,200 staff dedicated to generic drugs. That’s not just more people. It’s better reviews.

Inspections jumped too. In 2012, the FDA inspected about 40% of foreign generic drug factories. By 2023, that number hit 85%. That’s huge. Most generic drugs sold in the U.S. are made overseas - in India, China, and elsewhere. Without GDUFA, the FDA couldn’t have kept up.

And the results? In 2023, the FDA approved over 1,100 generic drugs. That’s more than any year before. More approvals mean more competition. More competition means lower prices. A 30-day supply of metformin, for example, dropped from $120 to under $10 because of generic competition.

Modern FDA review center with hundreds of inspectors processing applications quickly, surrounded by digital data streams.

How GDUFA Evolved - GDUFA I, II, III

GDUFA isn’t static. It’s renewed every five years. Each version fixes what the last one missed.

GDUFA I (2013-2017) got things moving. It cleared the backlog. But it hurt small companies. Paying $200,000 a year in facility fees was doable for a big drugmaker with 20 products. For a startup with one? Nearly impossible. The system favored giants.

GDUFA II (2018-2022) fixed that. It introduced fee reductions for small businesses. If a company made fewer than 10 generic drugs, they paid less. It also added flexibility for new applicants. The goal? More competition, not less.

GDUFA III (2023-2027) is the most advanced yet. It added the Pre-ANDA Program. Now, companies can meet with FDA scientists before submitting their full application. They get feedback. They fix problems early. That cuts review time even more.

It also created the ANDA Assessment Program - a way to flag high-risk applications early. And the Controlled Correspondence system lets companies ask questions without waiting weeks for a reply.

Who Benefits?

Patients. That’s the real win.

Over 90% of all prescriptions in the U.S. are filled with generic drugs. They’re not cheaper because they’re worse. They’re cheaper because GDUFA made it faster and cheaper to bring them to market.

Manufacturers benefit too. They get predictability. They know when their drug will be reviewed. They know what the rules are. No more guessing.

But it’s not perfect. Smaller companies still struggle with costs. Foreign manufacturers complain about the $15,000 premium. Some say it’s outdated. The FDA says it’s based on actual inspection costs - and data backs that up.

Patient holding a cheap generic pill on a pile of old regulations, with scientists and global factories in harmony under GDUFA.

What’s Next?

GDUFA III runs until September 30, 2027. After that, Congress must pass a new law - GDUFA IV - or the whole system stops.

Early talks are already happening. Experts expect changes like:

  • Even lower fees for very small manufacturers
  • More digital submissions (no more paper)
  • Stronger focus on complex generics - like inhalers, injectables, or topical creams
  • More transparency in how fees are spent

The FDA has already started publishing quarterly reports. You can see exactly how many applications were reviewed, how long they took, and how many inspections were done. That didn’t exist before GDUFA.

Why This Matters Outside the U.S.

Even if you’re not in America, GDUFA affects you. Most generic drugs sold worldwide are made in the same factories that supply the U.S. If a factory fails an FDA inspection, it can’t export to the U.S. - and often loses other global markets too.

GDUFA raised the bar for quality. It forced factories to clean up. It made supply chains more reliable. That’s good for everyone.

And if you’ve ever paid less for your blood pressure pill, your asthma inhaler, or your birth control - you’re seeing GDUFA in action.

Katie Law

Katie Law

I'm Natalie Galaviz and I'm passionate about pharmaceuticals. I'm a pharmacist and I'm always looking for ways to improve the health of my patients. I'm always looking for ways to innovate in the pharmaceutical field and help those in need. Being a pharmacist allows me to combine my interest in science with my desire to help people. I enjoy writing about medication, diseases, and supplements to educate the public and encourage a proactive approach to health.