Endo Agrees to Temporary Litigation Stay Extension

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Endo says it has agreed to extend a temporary stay of its litigation against FDA seeking a court declaration that the agency’s interim policy on compounding using bulk drug substances under Section 503B of the Drug Quality and Security Act of 2013 (DQSA) is contrary to law because it authorizes bulk compounding of drugs where the applicable DQSA requirements are not satisfied. The company also argues that the policy is fundamentally inconsistent with the plain language and structure of the Federal Food, Drug, and Cosmetics Act statutory regime for introducing new drugs. The litigation also asks for the immediate removal of Endo’s vasopressin from FDA’s category 1 nominations list to assure that outsourcing facilities do not engage in bulk compounding of vasopressin-containing drug products under Section 503B.

An Endo news release cites FDA statements and a new draft guidance describing the procedures the agency intends to follow as reasons for its willingness to continue the stay for another 180 days. The company says it has retained the ability to terminate the 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.

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