ANDA Guide on Failing to Respond to CRLs
FDA has released a draft guidance entitled Failure to Respond to an ANDA Complete Response Letter Within the Regulatory Timeframe. The document is intended to assist ANDA applicants in responding to complete response letters (CRLs) from FDA. It provides information and recommendations regarding potential courses of action for an ANDA applicant after issuance of a CRL, as well as the actions that FDA may take if the applicant fails to respond to the letter.
Under the guidance, an ANDA applicant after receiving a CRL must (1) resubmit its ANDA (i.e., submit all materials needed to fully address all deficiencies identified in the CRL), (2) withdraw its ANDA, or (3) request the opportunity for a hearing. “If an applicant fails to take one of these three actions within one year after issuance of a CRL, FDA may consider this failure to be a request to withdraw the ANDA unless the applicant has requested an extension of time to address all deficiencies identified in the CRL,” the agency says. “Under the Generic Drug User Fee Amendments program, FDA has seen a steady increase of ANDAs pending with industry for more than a year.”
Over the years, FDA says it has liberally granted requests for multiple extensions that have slowed the ANDA assessment process. “Lengthy response times because of multiple extensions, which can result in applicants submitting an amendment addressing deficiencies years after the initial assessment of the ANDA and issuance of the CRL, are disruptive to the assessment process and can create additional assessment cycles,” it says. If the submission extends for too long, it risks becoming obsolete because of changes such as new or revised United States Pharmacopeia requirements, labeling changes to the reference listed drug, or other events such as a facility evaluation becoming outdated, it says.