Biologics Market Moving at ‘Appropriate Pace’: Attorney

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Attorney David Fox (Hogan Lovells) told an AtlanticLIVE biosimilars policy briefing that while progress in the biosimilars market “may seem glacial, by lawyer and FDA standards this market is actually moving at the appropriate pace.” In an online post, Biosimilar Development says that the briefing demonstrated through its presentations that the adequacy of FDA’s review pace “depends on where you sit.”

In examining differences in approaches to biosimilar review between FDA and the European Medicines Agency, Apobiologix vice president Jim Van Lieshout said the U.S. is the only place attempting to regulate interchangeability, and demonstrating interchangeability is a contradiction to the abbreviated approval process because it’s “an add-on process.”

Fox said another difference between the two regulatory agencies is that FDA relies more heavily on its meeting process with individual applicants, while the EMA relies more on classwide guidances.

“The U.S. picked a resource-intensive approach in which they negotiate with individual sponsors on product-specific scientific issues,” Fox said. “I think … there were concerns that innovator companies would get too involved in the biosimilar programs, so FDA tried to shield that. But we might look back some day and think that this process consumes too many resources and isn’t efficient.”

While many members of Congress have stressed that they want to see fast biosimilar approvals, Fox recalled that it took 10 years for FDA to finalize the Waxman-Hatch regulations and some 15 more years for major court cases to be resolved. He says the fact that a biosimilar case is soon to be heard by the Supreme Court is a sign that the industry is where it needs to be at this time.

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