FDA Denies Acorda Petition on Ampyra ANDAs

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FDA has denied an Acorda Therapeutics petition that asked the agency to “carefully consider the sufficiency of the applicant’s identification and qualification of potentially genotoxic impurities in reviewing an ANDA referencing its Ampyra (dalfampridine) extended release tablets.” The company petition says that certain potentially genotoxic impurities that may be present in the Ampyra drug substance and/or drug product were identified in the drug’s NDA and during FDA’s review of the application.

 

FDA’s denial letter said it would not “apply unusual scrutiny to certain ANDAs or require ANDA applicants to satisfy purity specifications appearing in a proposed, but not yet adopted, monograph of the United States Pharmacopeia (USP).” The agency said the USP proposed monograph for dalfampridine includes acceptance criteria for three potentially genotoxic impurities, and the petition suggested the agency should ensure the impurities are treated by any ANDA applicant as potentially mutagenic impurities and thus controlled at specific levels. FDA disagreed with this suggestion, adding that it does not currently have information to classify the three impurities as potentially mutagenic.


“Second,” FDA continued, “a proposed USP monograph has no legal or regulatory effect on a pending NDA or ANDA. Therefore, although FDA may consider the appropriateness of proposed USP specifications, the agency need not apply acceptance criteria from the revision to the pending USP monograph for dalfampridine to any ANDA referencing Ampyra as its [reference-listed drug], or to otherwise treat these three identified substances as genotoxic or mutagenic impurities.”

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