Keep Safety and Dosing Info in Valtoco Label: Petition

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Neurelis, the NDA holder for Valtoco (diazepam) nasal spray, indicated for the acute treatment of intermittent stereotypic episodes of frequent seizure activity in patients with epilepsy aged 6 years and older, that was later expanded through an sNDA to aged 2 and older, is asking FDA to ensure that applicants seeking to market generic forms of Valtoco are not permitted to carve out critical safety and dosing information in an attempt to circumvent the regulatory exclusivity protections afforded to Neurelis through the Waxman-Hatch Act.

The company’s 7/10 petition says FDA has circulated a proposed model generic label for generic diazepam nasal spray that removes information about new patient population (NPP) exclusivity, including information related to the protected 2- to 5-year-old population. “The model label proposes to omit critical information for the remaining, nonprotected conditions of use, while also improperly retaining Neurelis’ proprietary trademark Valtoco and other protected information in a manner that would induce prescribers to prescribe the generic for the carved-out pediatric use,” the petition says. Neurelis says it understands that one or more generic applicants have submitted or intend to submit an amended marketing statement seeking to carve out the 2- to 5-year-old indication protected by NPP based on the model label. It says that such a carve-out would have the effect of removing critical safety information and therefore should not be permitted.

Neurelis makes these points:

  • omission of dosage instructions for patients 2 to 5 years old and related pharmacokinetic information would render generic products less safe than Valtoco for the remaining conditions of use;
  • the proposed FDA model label would not be sufficient to mitigate the risks due to lack of critical information; and
  • failure to include the 2- to 5-year-old patient population delays the use of intranasal diazepam until 6 years of age.

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