Endo Extends Stay on Vasopressin Suit Against FDA
Endo says it has agreed to an additional stay of its suit against FDA seeking a declaration that the agency’s interim policy on drug compounding using bulk drug substances is contrary to law because it authorizes bulk compounding of new drugs where the applicable Drug Quality and Security Act 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 for introducing new drugs. The company says 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 products containing vasopressin.
After Endo lifted its stay on the suit when an outsourcing facility said in August that it would start bulk compounding of vasopressin, FDA said it would commit to use its best efforts to finalize its clinical need determination for vasopressin by 12/31 if Endo agreed to again stay the litigation until then. Endo agreed, based on the FDA commitment.