CDER Cleaning House on Dormant Petitions

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CDER appears to be clearing its deck of unresolved citizen petitions that have lingered for more than five years at the agency without producing formal responses. In a letter to petition holder BakerHostetler, the Center it has been reviewing unresolved petitions assisgvpned to for action. “One goal of this review is to identify citizen petitions submitted more than five years ago that petitioners may believe are no longer timely. CDER believes that having to respond to these old petitions diminishes the Center’s capacity to address in a timely fashion pressing public health issues. Therefore, these petitions have a lower priority, and it is unlikely that the Center will have the resources to respond to them soon.”

In BakerHostetler’s case, the initial petition was submitted more than eight years ago and it asked FDA to declare that NDA 17-351 for Alaven Pharmaceutical’s Cortifoam (hydrocortisone acetate rectal aerosol) was not approved and the drug is not being marketed in accordance with the Federal Food, Drug, and Cosmetic Act. The petition said that the law’s requirements for substantial evidence of efficacy and for adequate tests of safety were not and never have been satisfied for the NDA.

“Lacking evidence of efficacy and safety, the Cortifoam label does not provide physicians information adequate to make an appropriate risk/benefit judgment when deciding whether to prescribe Cortifoam,” the petition declared. “Consequently, approval of NDA 17-351 should be withdrawn and Cortifoam should be withdrawn from the market.”

FDA says that because of how long the petition has sat inactive at the agency, it is “uncertain as to whether the views and requested action presented in the petition reflect your current views.” The agency says BakerHostetler has 30 days to decide and notify it that the petition should remain active. Otherwise, FDA will declare the petition to have been voluntarily withdrawn.

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