Lawsuit Against FDA Dismissed on Ripeness Grounds
The Washington, DC District Court 9/10 dismissed as not ripe for review a Vanda Pharmaceuticals lawsuit against FDA that challenged the agency’s bioequivalence determination of a generic competitor to sleep drug Hetlioz, calling it arbitrary and capricious, in violation of the Administrative Procedure Act (APA). Vanda argued that although FDA had consistently told ANDA applicants that appropriately designed bioequivalence studies must include subjects reflecting the demographic of the intended population, MSN Pharmaceuticals only tested its generic form of Hetlioz in 44 Indian males.
The court ruled that Vanda’s APA challenges are unripe for judicial review because FDA is currently evaluating the same scientific questions in its pending review of a Vanda citizen petition, which it intends to decide by early next year. “The court will, accordingly, dismiss the APA claims without prejudice to renewal should any dispute remain after the FDA’s now imminent decision,” the court ruled.