Court Backs FDA in MiraLax OTC Decision

Share

The DC Circuit Court of Appeals has ruled that FDA acted properly in denying a request for a hearing and withdrawing an ANDA submitted by Breckenridge Pharmaceutical and Nexgen Pharma for a generic version of Braintree Laboratories’ prescription MiraLax. The court opinion noted that after FDA approved Braintree’s NDA for prescription MiraLax, it later approved that company’s NDA for an over-the-counter version,

The agency told Breckenridge and Nexgen that its approval of the over-the-counter version meant that the drug no longer met the criteria for a prescription drug unless there was a “meaningful difference” between the prescription and over-the-counter versions. The suit challenged FDA’s determination that no meaningful difference exists.

The court said that the agency found that on each of the factors pertinent to a meaningful difference, OTC and Rx MiraLax were identical or nearly so. “We conclude that FDA’s determination that prescription MiraLax is misbranded for lack of a ‘meaningful difference’ with OTC MiraLax is neither arbitrary or capricious,” the three-judge panel said.

The court also rejected the petitioners’ process-based challenges to FDA’s denial of a hearing on withdrawal of prescription MiraLax.

Read more