They can't because their IND on which the FDA approved the trials was for hearing loss.
Frequency knows that, that's why they are of studying TFI (Tinnitus Functional Index) as the only measure of tinnitus in phase 2. This would not be rigorous enough for approval *for* tinnitus but FX-322 can't be given Breakthrough status or even approved for an indication they didn't file the IND for anyway. Frequency adding TFI to phase 2 wasn't pointless though, it will let people know they can use it for tinnitus too once approved for hearing loss.
To give you another example of what I mean: the FDA couldn't have approved Trobalt for tinnitus if it didn't work for epilepsy. But, once released for epilepsy, it could be prescribed off label for tinnitus.
To use a more famous, unrelated example, they knew in clinical trials from patient testimonials that Rogaine re-grew hair in bald men but it had to show effects on blood pressure to release it. The drug is hardly used for blood pressure but is very commonly used for hair loss. But, before it became an OTC topical, it was prescribed off label for hair loss. To my knowledge it was never actually trialed separately and approved specifically for hair loss.
Anyway, within this framework, I am trying to
write the FDA to encourage them to use as many different *hearing loss* end point surrogates (i.e. let's give word scores as much or more weight than standard audiograms if they don't go fully into the speech range even) knowing that, in doing so, they may be benefiting a huge tinnitus population as well while still acting well within the rules of the FDA.
In other words, they can't approve this drug or grant Breakthrough for tinnitus when it wasn't the indication that was applied for. But they should know that, if approved or given Breakthrough status for hearing loss they will be helping tinnitus patients, too, and maybe that will provide extra motivation to do so.