Put RLD Petition Designations in GDUFA 2: Lawyer
Attorney Kurt Karst (Hyman, Phelps & McNamara) says that while the GDUFA 2 reauthorization negotiations are likely to yield only small changes and refinements, one thing he would like to see included is a deadline for FDA to rule on a citizen petition asking the agency to designate a drug as a reference-listed drug (RLD). Writing in his firm’s FDA Law Blog, Karst says such a change is important to ANDA and 505(b)(2) NDA applicants.
He notes that ANDA applications can’t be submitted unless the drug in question has been listed in the Orange Book as a reference-listed drug. Thus, agency delays in responding to citizen petitions for a designation leave the drug sponsor in limbo. Over the years, he says, FDA has received and responded to scores of petitions asking that it assign RLD status to various NDA and ANDA approved drug products. “FDA only very rarely denies a citizen petition requesting RLD designation,” Karst writes. “Given the rarity of denials, and what we think should be a relatively perfunctory process, it’s surprising to us that FDA takes sooo long to issue a decision on an RLD designation citizen petition request…. Some have been pending for years with nothing more than the boilerplate interim response required within 180 days after FDA receives a petition.”
The post notes that other types of petitions are subject to statutory deadlines. If RLD petitions were subject to a statutory deadline or a GDUFA 2 performance goal, he concludes, perhaps 90% of petitions reviewed and acted on within 60 or 90 days of receipt, there probably would be better results and ANDA applicants would be in a better position to plan and seek approval.