AZ Wants Crestor ANDA Restrictions

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AstraZeneca is petitioning FDA to not approve any ANDA or 505(b)(2) NDA referencing its Crestor (rosuvastatin calcium) until expiration of the orphan drug exclusivity for using the drug to treat pediatric patients ages 7 to 17 with homozygous familial hypercholesterolemia (HoFH) The petition says that pediatric HoFH is an extremely serious condition that, if left untreated, causes substantially elevated plasma cholesterol levels, which then lead to cardiovascular disease, heart attack, and premature death.

The company lists two reasons why the petition should be approved. First, it says, carving out AstraZeneca’s protected pediatric HoFH labeling from the labeling of a product marketed under an ANDA or 505(b)(2) NDA would present substantial safety and efficacy risks. A carve-out is inappropriate in this condition, it says, because the protected pediatric labeling is necessary for the safe use of the drug. Given the differences in doses and course of treatment for adult and pediatric patients, the petition says, “there are substantial risks that doctors would over- or under-treat pediatric HoFH patients if generic or other rosuvastatin calcium omitted the protected pediatric HoFH labeling.”

Also, the company says, FDA lacks legal authority to carve out pediatric labeling protected by orphan drug exclusivity. It says that the Waxman-Hatch Act same-labeling requirement and FDA’s pediatric labeling regulations together impose a categorical rule that pediatric labeling information subject to orphan drug exclusivity may not be omitted from generic drug labeling.

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