FDA Authorizes 1st ‘Parallel REMS’
FDA has approved its first “Parallel Systems REMS” as part of the approval of four generic versions of Gilead’s Letairis (ambrisentan) for treating pulmonary arterial hypertension. Attorney Sara Koblitz (Hyman, Phelps & McNamara) writes in her firm’s FDA Law Blog that FDA explained that three generic manufacturers of ambrisentan were joining Gilead in a single, shared REMS system using the same distribution method to dispense only to female patients through specialty pharmacies as has been in place for the branded drug. The other generic manufacturer is not entering that shared system because doing so would prevent use of retail pharmacies for product distribution, FDA said.
Koblitz writes that FDA emphasized that the separate REMS program “achieves the same level of safety as the REMS for the brand-name ambrisentan.”
Approval of the parallel system came under the agency’s REMS waiver process, according to Koblitz, in which FDA can waive a requirement for a shared, single system if it determines that the burden of creating such a system outweighs the benefit of the single, shared system or the reference-listed drug’s system is covered by a patent or other trade secret protection.
She says the ambrisentan waiver is the first since the 6/2018 publication of an FDA waiver guidance, and it’s too early to tell what impact the guidance has had on waiver requests, particularly because no waiver decision has been issued yet and it’s not clear that a formal decision will be issued.
“But,” she says, “it’s exemplary of FDA’s ongoing commitment to working with ANDA holders on expediting generic entry, particularly when hurdles arise in the negotiation of a shared REMS, which may suggest anticompetitive motives.”