Jazz Pharma Sues FDA Over Competitor Approval

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Jazz Pharmaceuticals has filed a 6/22 lawsuit in the DC federal court against FDA, seeking to reverse the 5/1 approval of Avadel CNS Pharmaceuticals’ Lumryz, a sodium oxybate drug product citing Jazz’s Xyrem as the reference-listed drug, indicated for treating cataplexy or excessive daytime sleepiness in adult patients with narcolepsy.

In the complaint, Jazz alleges that FDA “acted outside its authority under the Orphan Drug Act when, despite the orphan drug exclusivity (ODE) protecting Jazz’s low-sodium oxybate product Xywav, FDA approved the Lumryz NDA and granted Lumryz ODE based on FDA’s finding that Lumryz makes a major contribution to patient care and is therefore clinically superior to Xywav and Xyrem.” Additionally, Jazz says FDA “failed to follow its own regulations, failed to follow established agency policy without providing a reasoned explanation for the departure, reversed prior decisions by its own staff and experts without a reasoned explanation, and disregarded the relevant scientific literature and data.”

Jazz also says it believes that FDA’s Lumryz decision could compromise patient safety and undermine appropriate patient care. “Jazz further believes that the proper functioning of the Orphan Drug Act is critical to ensuring the ongoing development of products to treat rare diseases by providing meaningful incentives for companies to continue to develop innovative treatments for patients with rare diseases,” the company says.

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