Court Orders FDA to Reconsider Vanda sNDA

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The U.S. Court of Appeals for the DC Circuit has ruled that FDA improperly rejected Vanda Pharmaceuticals’ request for a hearing on its supplemental NDA that was previously under consideration for sleep drug Hetlioz (tasimelteon) and its proposed use for jet lag

In February, the agency denied a Vanda request for a hearing on its proposed refusal to approve the sNDA for insomnia characterized by difficulties with sleep initiation. The decision, signed by then-acting commissioner and principal deputy commissioner Sara Brenner, said the agency had determined that Vanda “has not stated any genuine and substantial issue of fact that would justify a hearing.”

Brenner said it conclusively appeared from the face of the data, information, and factual analyses that no genuine and substantial issue of fact precluded the refusal to approve. “Vanda’s arguments do not raise any dispute about a material fact, are not supported by specifically identified reliable evidence, are not justified by sufficient data or information, or would not change the outcome if resolved in the way Vanda seeks,” she wrote. “Further, FDA finds that a hearing on the sNDA would not be in the public interest.”

In an 8/15 opinion, the appeals court found that while FDA has discretion to deny NDAs without a hearing when no key facts are disputed, that was not the case in this instance. Vanda had argued that the agency was legally required to hold a hearing before issuing its denial and that the agency’s decision was arbitrary and capricious. The court found that the agency had failed to meaningfully engage with the scientific evidence Vanda submitted and described FDA’s review as “cursory.” The court concluded that the agency must revisit its decision and provide Vanda an evidentiary hearing to resolve outstanding factual disputes.

Vanda first submitted its application in 2018, but the process quickly became mired in legal disputes. A federal district court previously determined that FDA had violated the Food, Drug, and Cosmetic Act by delaying resolution of Vanda’s request for a hearing. Rather than grant a hearing, FDA denied approval outright, prompting Vanda to appeal.

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