FDA Denies Without Comment AZ Falsodex Petition
To meet a statutory time deadline, FDA has denied a 5/15 AstraZeneca petition asking for specific agency action involving the company’s Falsodex (fulvestrant) intramuscular (IM) injection without commenting on whether it will ultimately take the requested actions. The AstraZeneca petition cited a Teva 505(b)(2) NDA referencing Falsodex and indicated that AZ had learned that Teva would omit benzyl benzoate from its formulation and that presumably other excipients in the proposed product would be substituted or changed. The actions sought by AZ were:
- refrain from approving the Teva application unless specific requirements are met in the proposed product;
- refrain from designating the proposed product as therapeutically equivalent to Falsodex IM injection; and
- take the actions in the first two points with respect to any other 505(b)(2) application citing Falsodex IM injection as the reference-listed drug and proposes a drug product claimed to have a different formulation.
The FDA denial letter says that by law, FDA must respond to the petition within 150 days. Since the agency must take action at this time, it says, it is denying without comment the specific requests in the petition about the approvability of any specific 505(b)(2) application.
FDA says it has made no final determination on whether to approve or not approve any 505(b)(2) NDA of the type described in the petition for fulvestrant injection that cites Falsodex IM injection as the listed drug relied upon and that proposes a drug product claiming to have a different formulation from Falsodex IM injection. It further says that Congress did not intend to require FDA to make a final decision within the statutory deadline on the approvability of a specific aspect of an application when a final decision on the approvability of any such application has not yet been made.