FDA Denies Petition for Action on Unapproved Potassium Chloride

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FDA has denied a Haner & Kuo (New York) citizen petition, which was filed on behalf of an unnamed client, that asked FDA for immediate enforcement action against unapproved potassium chloride oral solution drug products being marketed by Pharmaceutical Associates. Like several others still pending at the agency, this petition said the drugs are being marketed in violation of the Federal Food, Drug, and Cosmetic Act and of the FDA 9/2011 compliance guide dealing with marketing new drugs without approved NDAs or ANDAs.

“Unless FDA takes immediate enforcement action against Pharmaceutical Associates,” the petition said, “[that company] will continue to take market share from companies that lawfully market potassium chloride oral solution drug products. Moreover, other drug manufacturers, noticing an absence of FDA enforcement action, may take a page out of Pharmaceutical Associates’ playbook and begin marketing their own unapproved potassium chloride oral solution drug products. FDA needs to step in now to put an end to this illegal practice and to send a clear message … that such illegal activities will not be tolerated.”

In its denial letter, CDER director Janet Woodcock said requests for the agency to take enforcement actions “are not within the scope of its citizen petition procedures.” She said petitions may not be used for “the referral of a matter to a United States attorney for the initiation of court enforcement action and related correspondence... Agency decisions to take enforcement actions are decisions related to (and involve correspondence relevant to) the referral of a matter to a U.S. Attorney for the initiation of a court enforcement action for violations of the Federal Food, Drug and Cosmetic Act.”

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