The Post-Makary FDA Pivot: Reversals, Resubmissions, and a Return to Advisory Committees
The U.S. Food and Drug Administration (FDA) continues to exhibit a profound operational and regulatory shift following the spring 2026 departures of former Commissioner Marty Makary and CBER Director Vinay Prasad. This "post-Makary pivot" is characterized by unprecedented regulatory flexibility, allowing companies to directly resubmit previously rejected applications and scheduling advisory committee reviews to resolve outstanding disputes.1
Saol Therapeutics Resubmits SL1009 (DCA)
On June 30, 2026, Saol Therapeutics became the latest biotech to leverage this regulatory shift by resubmitting its New Drug Application (NDA) for SL1009 (sodium dichloroacetate, DCA). The candidate is being developed for pyruvate dehydrogenase complex deficiency (PDCD), an ultra-rare, life-threatening mitochondrial disease with no approved therapies.
SL1009 was rejected in September 2025 under the previous FDA leadership, a decision that would have required "several years" and "significant financial resources" to resolve under standard procedures. Following productive Type A and Type C meetings, the FDA allowed Saol to resubmit with additional survival analyses. The new package includes 36 natural history-matched pairs (up from 28) and an additional 18 months of data demonstrating a 91% reduction in the risk of death with SL1009. CEO Dave Penake indicated that the company expects the FDA to accept the filing and set a PDUFA target action date prior to July 30, 2026.
Confirmed Advisory Committee Dates for Capricor and Replimune
The FDA’s Cellular, Tissue, and Gene Therapies Advisory Committee (CTGTAC) has officially scheduled back-to-back public meetings in late July 2026 to evaluate two other high-profile therapies that were previously rejected under the former leadership:
- Capricor's Deramiocel (July 29, 2026): The CTGTAC will meet at the FDA White Oak Campus (9:30 a.m. – 4:50 p.m. ET) to review the BLA for deramiocel (human allogeneic cardiosphere-derived cells) for the treatment of cardiomyopathy in Duchenne muscular dystrophy (DMD). The PDUFA target action date is scheduled for August 22, 2026.
- Replimune's RP1 (July 30, 2026): The CTGTAC will meet the following day to review the BLA for vusolimogene oderparepvec (RP1) in combination with nivolumab for patients with advanced melanoma who have previously progressed on anti-PD-1 therapy. The PDUFA target action date is August 2, 2026.
These back-to-back reviews underscore the agency's reliance on independent expert panels to rebuild consensus and navigate controversial, previously blocked applications.
-
An instance of Leadership churn at regulatory agencies triggers a systemic softening of clinical standards. — The departure of conservative FDA leaders has triggered widespread regulatory flexibility, allowing developers to quickly resubmit previously blocked applications. ↩︎