[Code of Federal Regulations]
[Title 21, Volume 5]
[Revised as of April 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 21CFR320.24]

[Page 189-190]
 
                        TITLE 21--FOOD AND DRUGS
 
CHAPTER I--FOOD AND DRUG ADMINISTRATION, DEPARTMENT OF HEALTH AND HUMAN 
                          SERVICES (CONTINUED)
 
PART 320_BIOAVAILABILITY AND BIOEQUIVALENCE REQUIREMENTS--Table of Contents
 
      Subpart B_Procedures for Determining the Bioavailability or 
                     Bioequivalence of Drug Products
 
Sec. 320.24  Types of evidence to measure bioavailability or establish 
bioequivalence.

    (a) Bioavailability may be measured or bioequivalence may be 
demonstrated by several in vivo and in vitro methods. FDA may require in 
vivo or in vitro testing, or both, to measure the bioavailability of a 
drug product or establish the bioequivalence of specific drug products. 
Information on bioequivalence requirements for specific products is 
included in the current edition of FDA's publication ``Approved Drug 
Products with Therapeutic Equivalence Evaluations'' and any current 
supplement to the publication. The selection of the method used to meet 
an in vivo or in vitro testing requirement depends upon the purpose of 
the study, the analytical methods available, and the nature of the drug 
product. Applicants shall conduct bioavailability and bioequivalence 
testing using the most accurate, sensitive, and reproducible approach 
available among those set forth in paragraph (b) of this section. The 
method used must be capable of measuring bioavailability or establishing 
bioequivalence, as appropriate, for the product being tested.
    (b) The following in vivo and in vitro approaches, in descending 
order of accuracy, sensitivity, and reproducibility, are acceptable for 
determining the bioavailability or bioequivalence of a drug product.
    (1)(i) An in vivo test in humans in which the concentration of the 
active ingredient or active moiety, and, when appropriate, its active 
metabolite(s), in whole blood, plasma, serum, or other appropriate 
biological fluid is measured as a function of time. This approach is 
particularly applicable to dosage forms intended to deliver the active 
moiety to the bloodstream for systemic distribution within the body; or
    (ii) An in vitro test that has been correlated with and is 
predictive of human in vivo bioavailability data; or
    (2) An in vivo test in humans in which the urinary excretion of the 
active moiety, and, when appropriate, its active metabolite(s), are 
measured as a function of time. The intervals at which measurements are 
taken should ordinarily be as short as possible so that the measure of 
the rate of elimination is as accurate as possible. Depending on the 
nature of the drug product, this approach may be applicable to the 
category of dosage forms described in paragraph (b)(1)(i) of this 
section. This method is not appropriate where urinary excretion is not a 
significant mechanism of elimination.
    (3) An in vivo test in humans in which an appropriate acute 
pharmacological effect of the active moiety, and, when appropriate, its 
active metabolite(s), are measured as a function of time if such effect 
can be measured with sufficient accuracy, sensitivity, and 
reproducibility. This approach is applicable to the category of dosage 
forms described in paragraph (b)(1)(i) of this section only when 
appropriate

[[Page 190]]

methods are not available for measurement of the concentration of the 
moiety, and, when appropriate, its active metabolite(s), in biological 
fluids or excretory products but a method is available for the 
measurement of an appropriate acute pharmacological effect. This 
approach may be particularly applicable to dosage forms that are not 
intended to deliver the active moiety to the bloodstream for systemic 
distribution.
    (4) Well-controlled clinical trials that establish the safety and 
effectiveness of the drug product, for purposes of measuring 
bioavailability, or appropriately designed comparative clinical trials, 
for purposes of demonstrating bioequivalence. This approach is the least 
accurate, sensitive, and reproducible of the general approaches for 
measuring bioavailability or demonstrating bioequivalence. For dosage 
forms intended to deliver the active moiety to the bloodstream for 
systemic distribution, this approach may be considered acceptable only 
when analytical methods cannot be developed to permit use of one of the 
approaches outlined in paragraphs (b)(1)(i) and (b)(2) of this section, 
when the approaches described in paragraphs (b)(1)(ii), (b)(1)(iii), and 
(b)(3) of this section are not available. This approach may also be 
considered sufficiently accurate for measuring bioavailability or 
demonstrating bioequivalence of dosage forms intended to deliver the 
active moiety locally, e.g., topical preparations for the skin, eye, and 
mucous membranes; oral dosage forms not intended to be absorbed, e.g., 
an antacid or radiopaque medium; and bronchodilators administered by 
inhalation if the onset and duration of pharmacological activity are 
defined.
    (5) A currently available in vitro test acceptable to FDA (usually a 
dissolution rate test) that ensures human in vivo bioavailability.
    (6) Any other approach deemed adequate by FDA to measure 
bioavailability or establish bioequivalence.
    (c) FDA may, notwithstanding prior requirements for measuring 
bioavailability or establishing bioequivalence, require in vivo testing 
in humans of a product at any time if the agency has evidence that the 
product:
    (1) May not produce therapeutic effects comparable to a 
pharmaceutical equivalent or alternative with which it is intended to be 
used interchangeably;
    (2) May not be bioequivalent to a pharmaceutical equivalent or 
alternative with which it is intended to be used interchangeably; or
    (3) Has greater than anticipated potential toxicity related to 
pharmacokinetic or other characteristics.

[57 FR 17999, Apr. 28, 1992; 57 FR 29354, July 1, 1992, as amended at 67 
FR 77673, Dec. 19, 2002]