Firm Paid $2.5 million User Fee for Non-reviewed BLA
Aimmune Therapeutics mistakingly paid a $2.5 million user fee with a BLA submission for AR101, an investigational biologic oral immunotherapy for treating peanut allergy that was submitted just before the partial government shutdown. Under the agency’s shutdown guidelines, such a submission could have been accepted for review because the fee and submission were accepted before the shutdown began.
However, the company said 1/14 that it was recently informed that the submission would not be reviewed until the government shutdown and lapse in appropriations has ended. Speculation began that somehow the company was being wronged, and FDA commissioner Scott Gottlieb stepped in via Twitter to explain how such a scenario might have occurred without specifically addressing Aimmune’s predicament.
According to Gottlieb, “for products not covered by a user fee program, like most blood and allergenic extract products, FDA does not have carryover user fee funding to continue reviewing pending or accepting new applications... The point here: User fee programs are operating. We’re still reviewing products submitted as part of user fee programs. But blood products and allergenic products are not covered by user fee programs. So routine review activity ceased related to new products in these categories.”
Gottlieb noted that sometimes companies will try to file under pathways that aren’t open to them. “Allergenic-type products only meet criteria to fall outside the allergenic category in very specific circumstances,” he said. “When confusion does occur by sponsors it’s highly unfortunate and we always try hard to provide clarification where appropriate. As a general matter, if all of a sponsor’s interactions are with the allergenic products division, it’s an indication that it’s an allergenic product.”