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FEDERAL REGISTER · NOTICEAugust 18, 2026NOTICE — NO LEGAL EFFECTOPEN FOR COMMENT

Determining Whether To Submit an ANDA or a 505(b)(2) Application; Draft Guidance for Industry; Availability

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Document type
Notice
Agency
Health and Human Services Department
Published
August 18, 2026
Comments close
October 19, 2026
Document number
2026-16837
ABSTRACT

The Food and Drug Administration (FDA or Agency) is announcing the availability of a draft guidance for industry titled "Determining Whether to Submit an ANDA or a 505(b)(2) Application." This draft guidance is intended to serve as a foundational guidance to assist applicants in determining which one of the abbreviated approval pathways under the Federal Food, Drug, and Cosmetic Act (FD&C Act) is appropriate for the submission of a marketing application to FDA. This draft guidance revises the guidance for industry titled "Determining Whether to Submit an ANDA or a 505(b)(2) Application" issued in May 2019 and, when finalized, will replace the 2019 guidance for industry.

Abstract as published in the Federal Register.

The comment window is still open until October 19, 2026. The comment window is open. Check the document itself for what comments are being solicited on and what weight they carry. Submit comments through the Federal Register document below.

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