FDA Sued Over Absent Petition Response

Share

Pharmaceutical Manufacturing Research Services (PMRS), a contract drug manufacturer, is suing FDA in Pennsylvania federal court seeking an order requiring the agency to respond “promptly” to the company’s petition asking FDA not to approve Inspiron Delivery Services’ Roxybond (oxycodone hydrochloride) tablets, pending the agency’s substantive responses to two pending PMRS petitions raising issues about the Inspiron drug. The court complaint says that nearly three months after submitting its time-sensitive petition, “PMRS still has not received any substantive response and yet another mislabeled and dangerous opioid is poised to enter the market despite the issues and science presented to FDA in PMRS’ various submissions.”

PMRS says it is not asking for the court to dictate what FDA’s response ought to be. Rather, it says, it is simply asking the court to exercise its authority under the Administrative Procedures Act and other laws to compel FDA to provide the response it owes PMRS within 30 days. The company also asks the court for an injunction to stay the effective date of the Roxybond approval until FDA responds to its petition for a stay.

“FDA’s unreasonable delay warrants this court’s involvement because it presents serious risks to the health and well-being of the American public in light of the ongoing and devastating opioid epidemic, as well as potentially irreparable economic and competitive harm to PMRS,” the court filing says. “PMRS’ citizen petitions, as well as its public comments at numerous FDA meetings in recent years, highlighted several serious flaws in FDA’s process for evaluating and approving opioids, and sought to engage FDA in connection with the agency’s role in stemming the opioid epidemic plaguing this nation.”

Read more