OPDP Says Investigational Remoxy Promoted on Web
The CDER Office of Prescription Drug Promotion (OPDP) says that Web sites operated by Durect Corp. and Pain Therapeutics Inc. are promoting Remoxy ER (oxycodone) extended-release capsules, an investigational new drug, as being safe and effective for the purposes for which it is being investigated. A 9/8 Notice of Violation says that Remoxy ER is a new drug for which no marketing authorization has been granted. Pain Therapeutics resubmitted an NDA in March, the letter says, and statements on the Durect Web site indicate that Remoxy ER is an opioid drug intended for use in long-term pain control.
The notice presents statements from the Web sites that OPDP says suggest that the drug is safe and effective for the purposes for which it is being investigated or otherwise promote the drug. It says that statements such as “long-acting” and “tamper-resistant” are phrased as established facts, suggesting that the product is safe and effective with the characteristics described or otherwise promotes the drug.
“Additionally,” the letter says, “nothing in this presentation, which identifies the product by the trade name under which the NDA indicates Pain Therapeutics intends to commercially market the product, discloses that this product is an investigational new drug, not authorized for marketing in the U.S. for any indication, and the presentation is thereby misleading.”
OPDP says that conclusory statements regarding safety and effectiveness of a drug made while an application for the drug is under review suggest an effort to shape public impressions of the drug in the lead-up to its launch, before FDA evaluation of the product is complete and reflected in approved drug labeling. “Such statements raise considerable public health concerns and may remain probative evidence later when a product is in broad distribution,” it says. “The statements are particularly irresponsible and alarming with respect to an opioid drug product.”
The companies were told to respond with a statement of how they intended to comply with the Federal Food, Drug, and Cosmetic Act and its regulations, including plans for discontinuing materials such as those identified in the letter.