FDA Steps to Reduce REMS Generic Drug Blocks

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FDA is publishing two draft guidances intended to reduce innovator drug companies’ ability to use risk evaluation and mitigation strategy (REMS) programs to block time entry of generic drugs. In a statement (contains links to the guidances), FDA commissioner Scott Gottlieb says REMS can be exploited in two ways. At the front end of the drug development process, they can be used to restrict sale of drugs, keeping needed product out of the hands of generic companies. At the end of the process, after a generic drug seeks FDA approval and market entry, negotiations can drag on to develop a shared systems REMS for a generic drug associated with a branded drug that already has a REMS.

Gottlieb says the new guidances are to address the negotiating of a shared REMS. “While FDA recognizes that these negotiations are an important step in the formation of a shared system REMS,” he says, “the agency is also committed to making sure that REMS programs maintain their role in serving public health. The REMS shouldn’t become a tool that drug companies can use to delay or block competition from generic products or hinder their ability to enter the market.”

The first draft guidance, Development of a Shared System REMS, gives general principles and recommendations to assist sponsors in developing the programs. It is intended to improve the clarity and efficiency for developing shared system REMS.

The second draft, Waivers of the Single, Shared System REMS Requirement, describes when and how the agency will consider waiving the single, shared system requirement, and how generic applicants can request a waiver.

“We believe that by making the process for developing a shared system REMS more efficient, we’ll discourage brand drug makers from using REMS as a way to block generic entry and help end some of the tactics that can delay access,” Gottlieb says. “We’re also going to be clearer about the circumstances when we’ll issue waivers to let the generic firms develop their own REMS program. Our safety programs shouldn’t be leveraged as a way to forestall market entry after lawful IP has lapsed on a brand drug.”

 

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