Endo Drug Compounding Suit Moving Forward
Endo International says it has lifted its temporary stay of litigation against FDA seeking a 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 is contrary to law because it authorizes bulk compounding of new drugs where the applicable legal requirements are not satisfied and because it is fundamentally inconsistent with the plain language and structure of the Federal Food, Drug, and Cosmetic Act statutory regime. The suit also seeks immediate removal of 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.
Endo chief legal officer Matthew Maletta says in a news release the firm previously stated that in the event an entity commenced bulk compounding of vasopressin under Section 503B prior to FDA implementation of a new compounding policy, it would lift the stay of litigation against the agency. He said Endo will file a motion for preliminary injunction vacating the listing of vasopressin on FDA's Category 1 bulk drug substances list and preventing FDA from authorizing bulk compounding using vasopressin in a manner that does not comply with applicable laws.