Lannett Wants Equivalence Rating for Morphine Product

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Lannett is asking FDA to grant an AA therapeutic equivalence (TE) rating for its morphine sulfate oral solution, 100 mg/5 mL. The petition says that the company was told by a CDER staff person that the rating is required to claim the exception for payment of PDUFA establishment and product fees. “We do not believe this TE rating is required by the language of the statute, or FDA guidance, but request it if that is how FDA is administering these provisions,” it says.

According to the petition, the drug had been marketed as an unapproved grandfathered drug and then was submitted to FDA as a 505(b)(2) application. The document includes a legal analysis explaining why the drug meets the criteria for a waiver of PDUFA fees. The company says it was assessed and paid PDUFA establishment and product fees for fiscal year 2015 of $679,570 and for FY 2016 of $699,650.

“If the agency concludes, as we have, that these fees attributable to Lannett’s only NDA qualified for the exception under current law where generic competition exists, we request a refund of these amounts in addition to no future billing invoices sent to Lannett,” the company says.

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