Regulatory Open Forum

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  • 1.  Discontinued ANDAs

    Posted 26-Jul-2012 10:48
    Hello,
    Does anyone have experience on reactivating an ANDA that has been moved to the Discontinued section fo the Orange Book?  What is OGD's view on this? Marketing was discontinued a few years ago due to the approved API supplier leaving the market.  We would like to bring it back with a new API source.  Is this just a PAS?

    Any advice is greatly appreciated!

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    Lisa Apolis
    BLU Pharmaceuticals
    Franklin KY
    United States
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  • 2.  RE:Discontinued ANDAs

    Posted 26-Jul-2012 12:52
    Lisa:

    You would need to petition the Commissioner pursuant to 21 CFR Section 10.25(a), which states:

    (a) An interested person may petition the Commissioner to issue, amend, or revoke a regulation or order, or to take or refrain from taking any other form of administrative action. [Further Omitted].

    You can file your "Citizen Petition" in accordance with 21 CFR Section 10.30.

    I can help in this matter when and if my help is needed.

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    www.RegulatoryDoctor.com
    Floyd VA
    United States
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  • 3.  RE:Discontinued ANDAs

    Posted 27-Jul-2012 08:46


    Hi Lisa,

    Since you have not withdrawn your ANDA this application is technically still approved.  Although moved to the discontinued list I agree that to reactivate your ANDA a PAS can be filed for the new API.  Of course you will provide a clear history on the situation in your cover letter but if your company is in urgent need to get this PAS approved don't forget Expedited Review Requested category.  I have seen major changes like this submitted as a CBE-30 and accepted by FDA but the company would have good compliance rating and the situation for a CBE-30 filing would have to be very clear to FDA (medical need etc).

    Even though an applicant has discontinued marketing of a product annual reports must be submitted.  FDA at one point, I think in 1997, asked applicants to begin withdrawing ANDAs because of an inactive status.   


    Good Luck.


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    Alison Trado
    Regulatory Affairs Manager
    Hill Dermaceuticals, Inc.
    Sanford FL
    United States
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  • 4.  RE:Discontinued ANDAs

    Posted 27-Jul-2012 10:54
    Based on Lisa's statements, "an ANDA...moved to the Discontinued section for the Orange Book...Marketing was discontinued a few years ago due to the approved API supplier leaving the market.  We would like to bring it back with a new API source.  Is this just a PAS?"

    I interpret this ANDA might/could have been "being considered withdrawn," and thus, it may not be just a PAS.  

    If it hasn't developed to that status "being withdrawn," regarding a new API source, according to FD&C Act, section 506A(C)(2), such change (e.g., a new API, manufacturing change) would be qualified as "major changes," which requires PAS, due to "substantial potential to adversely affect the identify, strength, quality, purity, or potency of the drug as they may relate to the safety or effectiveness of a drug..."

    As for justification for requesting the expedited review,  it should be based on "drug shortage" (medical-need based) and/or "substantial undue burden to the company."  

    As Lisa stated "we would like to bring it back with a new API source," it might/could be reasonably interpreted that Lisa's justification wouldn't warrant "the expedited review" as the term "like" is not a real need.  Lisa's company has been doing fine for a few years without marketing the drug.  Thus, it is likely that the expedited review may not be warranted unless "good cause" or "compelling justification" is shown or demonstrated to convince the FDA.

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    www.RegulatoryDoctor.com
    Floyd VA
    United States
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  • 5.  RE:Discontinued ANDAs

    Posted 27-Jul-2012 11:08
    www.fda.gov/Drugs/DevelopmentApprovalProcess/SmallBusinessAssistance>. The contact info is kind of hidden, but it's included here: www.fda.gov/Drugs/DevelopmentApprovalProcess/SmallBusinessAssistance/ucm053133.htm For small business inquiries, contact Brenda Stodart, Pharm.D. at 301/796.6707 or CDERSmallBusiness @ fda.hhs.gov (remove the spaces around the @).">You can get a quick answer from FDA Small Business Assistance at <www.fda.gov/Drugs/DevelopmentApprovalProcess/SmallBusinessAssistance>. The contact info is kind of hidden, but it's included here: www.fda.gov/Drugs/DevelopmentApprovalProcess/SmallBusinessAssistance/ucm053133.htm
    For small business inquiries, contact Brenda Stodart, Pharm.D. at 301/796.6707 or CDERSmallBusiness @ fda.hhs.gov (remove the spaces around the @).


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    Andrea Chamblee RAC, FRAPS
    Director
    FDA
    Rockville MD
    United States
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  • 6.  RE:Discontinued ANDAs

    Posted 27-Jul-2012 11:25
    Andrea:

    I do so to global regulatory agencies including the contact info (you provided) for FDA.

    Just to provide the meaning of the "Discontinued Section" of the Orange Book, the link for the info is also provided below.

    Discontinued Section

    "Those drug products in the Discontinued Section of the Orange Book in which a determination has already been made that the products were not withdrawn for safety or efficacy reasons have "**Federal Register determination that product was not discontinued or withdrawn for safety or efficacy reasons**" following the product strength.  Those drug products are only reflective of citizen petitions approved since 1995.  The identification of these drug products in the Discontinued Section of the Orange Book should avoid the submission of multiple citizen petitions for the same drug product. FR notices no longer applicable are removed from the Annual Edition (i.e., there is a currently marketed Reference Listed Drug and no applicable patent or exclusivity).  Safety or Effectiveness Determinations List lists products that have current and removed notices.  The list is updated periodically throughout the year.  Notices issued during the year are added to the Electronic Orange Book Query in the month they become effective.

    Generally, approved products are added to the Discontinued Section of the Orange Book when the applicant holder notifies the Orange Book staff of the products' not marketed status. Products may also be added if annual reports indicate the product is no longer marketed or other Agency administrative action (e.g., Withdrawal of an Application).  Changes to the Orange Book are not affected by the drug registration and listing requirements of Section 510 of the Act."

    Changes to the Orange Book

    "Every effort is made to ensure the Annual Edition is current and accurate.  Applicant holders are requested to inform the FDA Orange Book Staff (OBS) of any changes or corrections.  Please inform the OBS when products are no longer marketed.  Notification of the Orange Book staff to include the newly approved product in the Discontinued Drug Product List rather than parts 1, 2 or 3 of the List (as discussed in Section 1.1) must occur by the end of the month in which the product is approved to ensure that the product is not included in the "active" portions of the next published Orange Book update."

    For further info, see 
    http://www.fda.gov/Drugs/DevelopmentApprovalProcess/ucm079068.htm 

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    www.RegulatoryDoctor.com
    Floyd VA
    United States
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