Abandon FDA Biologic Naming Plan: FTC

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The Federal Trade Commission (FTC) has reiterated its opposition to an FDA proposed convention for naming non-proprietary biological products, saying the plan’s “disparate treatment and differentiated naming of certain biosimilar products will reduce biosimilar competition in the U.S.” FTC called on FDA to abandon its proposal to add a unique, meaningless suffix to the nonproprietary name of all biosimilar and interchangeable products and to any reference product approved after 1/2017.

The FTC comment letter submitted in response to an updated FDA draft guidance, reiterates concerns raised in its previous comments about the effect on competition. “We noted that the use of these meaningless suffixes might limit entry of new competitors (or weaken competition from new entrants) because new competitors would incur additional costs to overcome any (mis)perception of quality difference and suitability for biosimilar products that might be implied by the naming convention,” FTC said.

The letter says the FDA updated guidance raises additional concerns by recommending use of the suffixes only for (1) the nonproprietary names of reference biologic products that FDA approved after 1/2017; and (2) all biosimilar and interchangeable products. “This would create two classes of biological products…,” FTC argued. “This unusual naming convention, applied exclusively to a subset of new entrants, likely would create consumer confusion and discourage use of newly introduced biosimilar and interchangeable products. Inconsistency of naming practices may thus diminish future competition.”

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