Court Orders Advance FDA Notice on Crestor ANDA Decisions

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As FDA prepares to make approval decisions on a slew of ANDAs for generic copies of AstraZeneca’s blockbuster cholesterol-lowering Crestor (rosuvastatin calcium), the DC federal court has ordered that it be provided 24 hours notice before any decision is rendered on any ANDA or a related citizen petition that seeks a block on the approvals if they include labeling carve-outs that the company has argued against (see earlier story). The court says that it will call a hearing where all parties will be required to appear on two-hours notice so that FDA can present its decisions.

The court order was considered a compromise so AstraZeneca can obtain “meaningful judicial consideration of its motion” for a temporary restraining order before any ANDAs are approved. AstraZeneca sought advance notice on FDA’s decision because “there is every reason to believe” that the generic manufacturers will “flood the market immediately with at least six months’ worth of generic product,” causing “AstraZeneca’s market share [to] drop precipitously,” and the court agreed.

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