Company Asks Court to Reverse Roxicodone Rejection

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Pharmaceutical Manufacturing Research Services (PMRS) is asking the DC Court of Appeals to overturn an FDA decision refusing to approve its Roxicodone, a new opioid capsule the company says is intended to deter abuse through a novel combination of physical properties and labeling changes. The company says the Roxicodone label responded to findings from the Centers for Disease Control that FDA-approved labeling of opioids for treating chronic pain is one of the drivers of the opioid crisis. The label has a use indication for limited dosing and acute pain.

“We asked for an opportunity to address this problem with a new product and more appropriate labeling, but FDA wouldn’t even give us a hearing,” a company statement says. PMRS says FDA wouldn’t consider its new label as a means of deterring abuse and instead reviewed the drug based on the agency’s 2015 guidance framework for determining whether a drug’s physical properties alone would deter abuse by snorting or injection.

According to the company, FDA found its label language “false and misleading” because the company did not supplement its laboratory tests of a dye, an unattractive color added to the capsule to discourage occasional misuse of the product by injection, with clinical studies proving that the color would actually discourage drug abusers.

“FDA fixated on the dye we added to our formula as defining the product’s ability to deter abuse,” the company statement says. “But that makes no sense for two reasons. First, intranasal and intravenous abuse are peripheral concerns for our product, which is limited in dosing and duration. Second, the clinical studies FDA demanded are not required by the federal statute for new drug approval and have never reliably predicted real-world abuse scenarios. If FDA has a problem with specific language in our proposed label, it should modify the label, not disapprove the drug altogether.”

The PMRS court petition is here.

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