Natco Opposes Taiho Lonsurf Petition

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Natco Pharma says it opposes a 4/28 petition filed by Taiho Oncology asking that FDA take specified actions on an ANDA for a generic version of Lonsurf (trifluridine/tipiracil) tablets. The Taiho petition asked that the agency: 

  •          refrain from filing or approving an ANDA for Lonsurf tablets that does not include patent certifications to the Orange Book-listed patents for Lonsurf;
  •          refrain from approving an ANDA referencing Lonsurf as the reference-listed drug if the ANDA includes a so-called section viii statement; and
  •          require that labeling for generic forms of Lonsurf include all information relating to Warnings, Precautions, and other safety-related information that is included in the Lonsurf labeling, including dose adjustments in severe renally impaired patients.

The Natco response asks that all relief requested in the Taiho petition be denied. It says that FDA regulations and case law permit ANDA applicants to carve out approved uses from the proposed ANDA labeling under a section viii statement if the omission does not render the proposed drug product less safe or effective that the reference-listed drug for the conditions of use that remain in the labeling.

“Here,” Natco says, “the omission of dosage recommendations for the patient population having severe renal impairment would not render the proposed trifluridine/tipiracil ANDA product less safe or effective that Lonsurf for the remaining conditions of use, i.e., the other approved patient populations (those with normal renal function and mild or moderate renal impairment).”

 

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