By Tim Welch
The biotechnology company Genentech filed a 31-page citizen petition on December 9, 2008 urging the Food and Drug Administration (FDA) to regulate all in vitro diagnostic tests aimed for use in therapeutic decision making. Under the current regulatory system used by the FDA, there are two types of in vitro diagnostic tests: those that are developed by device manufacturers and sold as diagnostic test "kits," and those that are developed by clinical laboratories for use within the laboratory ("in-house"). The FDA has regulated the former, while it has not regulated the latter. This allows developers of "in-house" diagnostic tests to make claims about the accuracy, validity, and effectiveness of their tests which are not subjected to the same scientific scrutiny from the FDA that is required of similar test "kits." Genentech argues in the petition that this regulatory inconsistency poses a serious threat to patients’ health because "the future of personalized medicine depends on the development of pharmacogenomic tests," and "it is critical that they are accurate, reliable, and clinically valid (i.e., effective)."