FDA ‘Concerned’ About 505(q) Resource Needs

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In a report to Congress, FDA says it “remains concerned about the resources required to respond to 505(q) petitions within the statutory deadline at the expense of completing other work of the agency.” The report says Section 505(q) of the Federal Food, Drug, and Cosmetic Act applies to certain petitions asking that the agency take any form of action relating to certain pending drug approval applications.

In this 10th annual required report to Congress, FDA says that during the FY 2017 reporting period it approved 763 ANDAs, 57 505(b)(2) applications, and three 351(k) applications. No approvals for 351(k) applications or ANDAs were delayed because of 505(q) petitions, it says, and the approval of one 505(b)(2) application was delayed because of one petition.

During FY 2017, FDA received 25 505(q) petitions. The report says the agency reviewed data on the outcomes of 505(q) petitions resolved during FY 2008-FY 2017. “Based on its analysis,” it says, “FDA continues to be concerned that Section 505(q) does not discourage the submission of petitions that are intended primarily to delay the approval of competing drug products and do not raise valid scientific issues. However, the statute requires FDA to prioritize these petitions about other matters, such as safety petitions, that do raise important public health concerns.”

The agency says that although it has generally met the statutory deadlines for 505(q) petitions, it did so in part by redirecting efforts that otherwise would have been directed to other work, including responding to other citizen petitions.

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