FDA Denies BI Parenteral Drug Petition

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FDA has denied a 12/2/2020 Boehringer Ingelheim petition asking that the agency:

  • interpret the term “strength” in a section of the Biologics Price Competition and Innovation Act of 2009 (BPCIA) relating to parenteral solutions to mean the total drug content in the relevant container; and
  • revise applicable guidance documents to be consistent with such an interpretation.

In its response, the agency says it:

  • disagrees with the company’s assertion that FDA interpreted “strength” of a liquid parenteral drug product to mean only the total drug content at the time the BPCIA was passed;
  • disagrees with the company’s statement that when the BPCIA was passed “strength” and “concentration” had distinct, non-overlapping meanings and disagrees with the assertion that FDA’s interpretation of the “strength” of a parenteral solution for purposes of the act did not include the concentration of drug substance before 2016; and
  • disagrees with the BI assertion that the interpretation of “strength” is arbitrary and capricious, maintaining instead that it is scientifically justified.

FDA also rejects BI’s assertion that if its other arguments fall, FDA should still use its discretion to change the policy because the total content definition better promotes the goals of the BPCIA and there are no countervailing regulatory interests that outweigh such a benefit.

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