Late Petitions Can’t Delay ANDA Approval

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FDA is publishing a final rule, which takes effect 1/9/17, that establishes new regulations for citizen petitions, petitions for stays of action, and the submission of documents to the agency to implement provisions of the FDA Amendments Act of 2007 and the FDA Safety and Innovation Act that implement a congressional desire that petitions not be used to improperly delay approval of ANDAs. The rule notes that over the years, the agency has received numerous petitions asking it not to approve a particular ANDA or 505(b)(2) application, or classes of these applications concerning a particular drug product or active ingredient, unless certain criteria set forth in the application are met. In many cases, it says, the petitions raised scientific and/or legal issues relating to the standards for approval of an application.

“When submitted early, such as when we are making decisions about the bioequivalence requirements for a generic drug product or before we have received the first ANDA, 505(b)(2) application, or 351(k) application for a drug or biological product, a petition may contain information that can contribute towards our evaluation of an application,” FDA says in the rule. “However, when petitions are submitted late in the review process for challenged applications and do not raise valid scientific and/or legal issues, they may have the effect of improperly delaying the approval of an application.”

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