Petition Seeks Block on Some Tc-99m NDAs

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A 1/20 citizen petition submitted by the law firm Hyman, Phelps & McNamara on behalf of Curium U.S. LLC asks FDA to refuse to approve any NDA seeking approval of a conventional Technetium-99m (Tc-99m) generator or Tc-99m product that relies on neutron capture technology given the advances in Tc-99m production that renders such an approach obsolete. The petition also requests that the agency refuse to approve any NDA for Tc-99m produced in generators implementing any new adsorbent technology other than alumina without first assessing potential impurities released by the new adsorbents and establishing impurity limits at levels shown to ensure patient safety of patients. Tc-99m is a radioactive pharmaceutical used in millions of medical diagnostic procedures each year.

The petition says that due to the limitations of conventional generators in producing safe and effective Tc-99m through neutron capture, including risks of breakthrough contamination and the potential for marketplace confusion that could result in medication errors, the benefits of such a Tc-99m product cannot outweigh the risks. “Given the eradication of these safety concerns by newer technologies, approving such a drug product would needlessly expose patients to safety risks without enhancing efficacy,” the petition says. “Consequently, FDA should refuse to approve a Tc-99m product produced through neutron capture in a conventional generator under section 505(d) of the Federal Food, Drug, and Cosmetic Act.”

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