FDA Says Omthera Petition Already Granted
FDA says that the two requests in a 10/31/14 Omthera Pharmaceuticals petition and 11/2/15 supplement have already been granted by previous agency action. The petition asked that FDA (1) grant Omthera’s request for five-year new chemical entity (NCE) exclusivity for its Epanova (omega-3-carboxylic acids) and (2) not apply the three-part framework and “one-to-many” approach described in the Vascepa exclusivity decision to Epanova.
The agency response says that FDA has already recognized that Epanova is eligible for five-year NCE exclusivity, as reflected in the Orange Book listing for the drug’s NDA. On the second request, the letter says that FDA reached its decision about Epanova’s eligibility based on its conclusion that Epanova’s entire fish oil mixture is both the active ingredient and the active moiety of the drug product. “Prior to Epanova’s approval, the active moiety in Epanova had never been approved; therefore, this active ingredient was considered an NCE when it was approved in Epanova,” the letter says. “Accordingly, the second request in your petition has also already been granted through previous agency action.”