FDA Denies Mallinckrodt Inomax Petition Without Comment

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FDA has denied a Mallinckrodt petition relating to the company’s Inomax without commenting on whether it will do any or all of the actions the company requested. The response lists the company’s petition requests as: 

  •          require that all future inhaled nitric oxide drug products and delivery systems be reviewed by CDER and CDRH in a coordinated fashion;
  •          not approve any application citing Inomax as the reference-listed drug unless the NDA/ANDA for the drug and 510(k) premarket notification for the associated delivery device collectively provide for specified features that the petition asserted are necessary for the safe and effective administration of inhaled nitric oxide;
  •          assign a BX rating to follow-on inhaled nitric oxide/NODS products indicating that they are not therapeutically equivalent to the Inomax combination product; and
  •          rescind receipt of an ANDA proposing use of a drug delivery device that lacks certain important safety features provided by the delivery device for Inomax.

 The response says FDA is required to respond to the petition within a specified period of time, but is responding without comment on the specific requests regarding any specific applications because the agency has made no final determination on whether to approve or not approve any 505b)(2) NDA or ANDAs referencing Inomax. The letter says FDA has determined that it is not appropriate for it to take action on the approvability of a specific aspect of an application before taking final action on the whole application.

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