Court Orders FDA Hetlioz Action

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The DC federal court has ordered FDA to either resolve a Vanda Pharmaceuticals sNDA for its Hetlioz (tasimelteon) to treat jet lag disorder or start a hearing on the sNDA on or before 3/5. The court’s ruling came as it granted Vanda summary judgment in its 9/2022 suit claiming that the agency did not meet its legal obligations to either approve the sNDA or provide an opportunity for a hearing.

In a statement, Vanda says it submitted the sNDA in 10/2018. The statement quotes the court’s decision that “the statute requires that a hearing shall commence within 300 days after an application is filed. Vanda’s application has been pending for almost 2,000 days and it has been over 500 days since Vanda made its most recent request for a hearing.”

The company says the decision “highlights the serious flaws in FDA regulations governing drug approval processes and it reinforces FDA’s clear statutory obligations to render timely final decisions on drug applications. It appears from this case, and from FDA’s standard policies, that FDA decision-makers have implemented a policy of following FDA’s own timelines, resulting in unlawful actions that are systemic. FDA’s extraordinary delays impede medical innovation to the detriment of the many patients with unmet needs who lack effective therapeutics.”

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