Draft Guide on NDA/ANDA Marketing Status Notifications

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FDA has released a draft guidance entitled Marketing Status Notifications Under Section 506I of the Federal Food, Drug, and Cosmetic Act; Content and Format. According to FDA, Section 506I imposes additional reporting requirements on NDA and ANDA holders, including: 

  • Notification of withdrawal from sale, which requires NDA and ANDA holders to provide a written notification to FDA 180 days prior to withdrawing an approved drug from sale
  • Notification of drug not available for sale, which requires NDA and ANDA holders to provide a written notification to FDA within 180 days of the date of approval of a drug if that drug will not be available for sale within 180 days of the date of approval
  • One-time report on marketing status, which requires NDA and ANDA holders to provide a written notification to FDA stating whether an NDA and ANDA holder’s drug in the active section of the Orange Book is available for sale or if one or more of an NDA or ANDA holder’s drug in the active section have been withdrawn from sale or have never been available for sale

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