Endo Agrees to Compounding Suit Stay
Endo says it is agreeing to an FDA request that it seek a temporary stay of its 10/2017 suit against FDA seeking a declaration that the agency’s interim policy on compounding using bulk drug substances under Section 503B of the 2013 Drug Quality and Security Act (DQSA) is contrary to law because it authorizes bulk compounding of new drugs where the applicable DQSA requirements are not satisfied and because it is fundamentally inconsistent with the plain language and structure of the statutory regime for introducing new drugs. The suit also seeks the immediate removal of vasopressin from FDA’s Category 1 nomination list to assure that outsourcing facilities do not engage in bulk compounding of vasopressin-containing drug products under Section 503B.
Given an FDA 1/18 statement that it plans to change its compounding policy, Endo says, it is agreeing to stay the litigation until 3/30, subject to (1) FDA using its best efforts to issue further clarification of the proposed conditions for bulk compounding by that date; and (2) Endo retaining the ability to terminate the litigation stay by notifying FDA that it believes that an entity has commenced or is likely to commence bulk compounding of any vasopressin-containing drug product under Section 503B.