FDA Denies Vifor Fresenius Velphoro Petition

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FDA has denied a Vifor Fresenius 4/15/16 petition asking the agency to recognize that Velphoro (sucroferric oxyhydroxide) is eligible for five-year new chemical entity (NCE) exclusivity based, among other things, on an assertion that Velphoro does not contain a previously-approved active ingredient. The petition also asked FDA to stay the acceptance, filing, review, and approval of any ANDA or any 505(b)(2) NDA referencing Velphoro until the agency has made its decision on five-year NCE exclusivity.

The 5/26 denial letter says the agency is denying the request for five-year NCE exclusivity because it has concluded that Velphoro’s active moiety and active ingredient is ferric oxyhydroxide, which is in previously approved drugs.

“Velphoro does not contain a new chemical entity and is not eligible for five-year NCE exclusivity,” the letter says. “Furthermore, we conclude that the active ingredient of Velphoro — like its active moiety — is ferric oxyhydroxide and has also been previously approved. Accordingly, we would deny your request for five-year NCE exclusivity even if we were to determine Velphoro’s eligibility for five-year NCE exclusivity based on the active ingredient of the product, as you propose.”

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