FDA Updates Guidance on Choosing Between ANDA and 505(b)(2) Pathways
FDA has issued a draft revised guidance intended to help drug developers determine whether a proposed product should be submitted through the ANDA pathway under Section 505(j) of the Federal Food, Drug, and Cosmetic Act or through the 505(b)(2) NDA pathway. The document, Determining Whether to Submit an ANDA or a 505(b)(2) Application, revises FDA’s 5/2019 guidance and adds information on duplicates and eligibility for ANDA approval and makes other changes intended to clarify its recommendations.
FDA says it generally will refuse to file a 505(b)(2) application for a drug that is a duplicate of a listed drug and is eligible for ANDA approval. The document also discusses circumstances involving discontinued reference products, petitioned ANDAs, bundled applications and differences in formulation, bioavailability, conditions of use and labeling.
The draft also emphasizes that developers should consult FDA before submitting an application when it is unclear which pathway is appropriate. Prospective ANDA applicants can submit controlled correspondence to FDA's Office of Generic Drugs or request a pre-ANDA meeting. Developers considering a 505(b)(2) application are advised to contact the appropriate Office of New Drugs review division.