Court Backs FDA in Somatuline Depot Case
The DC federal court says FDA correctly determined that Ipsen Biopharmaceuticals’ Somatuline Depot should be regulated as a drug rather than as a biologic. Ipsen had argued that the FDA decision was arbitrary, capricious, an abuse of discretion, and contrary to law.
Ruling on cross motions for summary judgment filed by Ipsen and FDA, the court granted FDA’s motion to dismiss the suit and denied Ipsen’s motion.
Somatuline Depot is described as an extended-release dosing of lanreotide acetate, a molecule that mimics the naturally occurring hormone somatostatin. The drug is indicated to treat patients suffering from acromegaly, a rare hormone disorder.
In 12/2021, FDA approved an InvaGen NDA for a lanreotide acetate injection to treat acromegaly and gastroenteropancreatic neuroendocrine tumors. The InvaGen product was approved as a drug under the 505(b)(2) pathway that allowed the company to cite Ipsen’s clinical data for Somatuline Depot. InvaGen joined FDA as a defendant in the case.
“FDA’s conclusion that Somatuline Depot is a drug, rather than a biological product, was not contrary to the relevant statute or the regulations,” the court said. “Further, the agency’s factual determinations were well-reasoned, consistent with the evidence, and addressed Ipsen’s objections.”