Healio iconHealioOct 1, 2026 ~7 min source read

FDA will replace 'animal' with 'nonclinical' in drug safety rules as HHS backs human-based testing

A final FDA rule and parallel NIH investments aim to make non-animal methods acceptable for regulatory safety data while preserving the option to use animal studies when needed.

FDA to remove references to animal testing in safety regulations

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The FDA issued a direct final rule to replace references to "animal" tests or studies with "nonclinical," effective Feb. 4, 2027, to explicitly allow non-animal methods where appropriate.

The NIH announced more than $88 million for biomedical infrastructure plus targeted programs — including a $7 million quantum challenge and a new NIH lab in Bethesda — to scale human-based testing approaches.

The change follows prior legislation (FDA Modernization Act 2.0) and ongoing implementation work (FDA Modernization Act 3.0) to broaden acceptable preclinical methods to include human-biology-based assays and NAMs.

# What changed

On Sept. 21 the FDA published a direct final rule that replaces references to "animal" tests or studies with the term "nonclinical" in drug safety regulations. The rule is scheduled to take effect Feb. 4, 2027. The agency says the change clarifies that non-animal methods can be used where appropriate to generate safety information for human drugs and biological products.

# Why this matters now

The rule is part of a broader HHS push to reduce what it calls "unnecessary animal testing" and to move toward human-biology-centered methods. That movement builds on the FDA Modernization Act 2.0, signed into law Dec. 29, 2022, which authorized use of "nonanimal or human biology-based test methods" such as cell-based assays, microphysiological systems, bioprinted models, or computer models. Congress later advanced FDA Modernization Act 3.0 to direct regulators to update rules to implement these options.

# What the FDA says the rule will do

# NIH actions running alongside the FDA rule

The NIH announced five programs to build infrastructure for human-based research. Concrete items announced include:

  • More than $88 million in funding for biomedical infrastructure projects across the U.S.
  • A challenge with more than $7 million in awards for quantum-enabled approaches to improve detection and measurement in lab-based new approach methodologies (NAMs).
  • A new laboratory at the NIH Clinical Center in Bethesda to integrate standardized human organoid models, robotics, AI, and advanced data capabilities to run tests on reproducible human biological systems.
  • Plans to recruit grant reviewers with expertise in human-based science.

HHS Secretary Robert F. Kennedy Jr. framed the measures as modernizing regulations, investing in human-based technologies, and reducing dependence on animal models when better tools are available.

# How this fits into recent regulatory developments

# What stakeholders should watch next

  • Public comments: the FDA is accepting comments on the direct final rule until Dec. 7. Practitioners, industry, and patient groups can submit reactions or concerns during that window.
  • Implementation details: how the FDA will apply the updated language in specific review pathways and guidance documents will affect what methods regulators accept for particular safety questions.

# Bottom line

The administrative change — replacing "animal" with "nonclinical" — clarifies that regulators recognize a wider range of preclinical methods. The FDA says it does not ban animal studies or alter evidentiary thresholds. The NIH funding and programs are intended to help develop and scale human-relevant testing approaches so those options become practical and accessible for research and regulatory uses.

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