Amarin Planning Synthetic Omega-3 Response

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Amarin Pharma says it will respond within weeks to a citizen petition asking FDA to make an exception to the statutory requirements for synthetic omega-3. Amarin says its response will explain that a product with synthetic eicosapentaenoic acid cannot be legally marketed as a dietary supplement because such marketing would be inconsistent with the law. The Amarin statement is in its comment letter responding to an FDA request for input on responsible innovation in dietary supplements.

The company says that synthetic omega-3 does not comply with the structural limitations on dietary supplements in the Dietary Supplement Health and Education Act because (1) it does not qualify as a “dietary ingredient” and (2) it is excluded from the definition of “dietary supplement” by the exclusionary clause.

In its general comment on the topic, Amarin said it is “particularly concerned about dietary supplements that are deceptively marketed in a manner that distracts patients from seeking medical attention and, if appropriate, obtaining treatment with proven drug therapies….”

It called on FDA to take steps to interpret and enforce the definition of “dietary supplement” in the Federal Food, Drug, and Cosmetic Act in a manner that is consistent with Congress’ intent and does not undermine the drug approval provisions and the Waxman-Hatch provisions in the law.

“Enforcing the structural and marketing limitations on dietary supplements will preserve the statutory distinctions between ‘drugs’ and ‘dietary supplements,’” it says. “Failing to preserve these distinctions would be inconsistent with the statute’s structure and design, expose the public to unsafe and/or ineffective products, and create disincentives for drug development and innovation, such that the therapeutic benefit of certain substances may never be realized.”

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