FDA Issues Insulin Transition Final Rule
FDA has issued a final rule and question and answers for patients and healthcare providers to ensure a smooth 3/23 regulatory transition that the agency says is aimed at increasing patient access to insulin products. As of 3/23, an online statement says, an application for a biological product approved under the Federal Food, Drug, and Cosmetic Act, including applications for insulin and other biological products, will be deemed to be a license for the product under the Public Health Service Act. This change will enable submissions of applications for products that are proposed as biosimilar to, or interchangeable with, the transitioned products.
“As such,” the notice says, “the transition of insulin products from approved drug applications to deemed biological product licenses will open up these products to potential biosimilar and interchangeable competition. The availability of approved biosimilar and interchangeable insulin products is expected to increase patient access, adding more choices and potentially reducing the costs of insulin products.”
The final rule, Definition of the Term “Biological Product,” amends the FDA regulation that defines a biological product to incorporate changes made by the Biologics and Price Competition and Innovation Act of 2009 and the Further Consolidated Appropriations Act of 2020 and to codify the agency’s interpretation of the statutory term “protein.” Under the rule, protein means “any alpha amino acid polymer with a specific, defined sequence that is greater than 40 amino acids in size.”
FDA says its interpretation of the transition provision of the Biologics and Price Competition and Innovation Act is intended to balance innovation and competition and facilitate the development and approval of biosimilar and interchangeable products.