Teva Raises BA/BE Retention Sample Compliance Policy Concerns

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Teva says it appreciates FDA publication of the compliance policy for the quantity of bioavailability and bioequivalence samples retained under regulations. In a 1/5 comment letter, it notes that the requirement to have each reserve sample contain a sufficient quantity so that FDA can perform five times all the release tests required in the application has been burdensome to the company and likely to other drug sponsors.

Teva says it appreciates the agency’s policy of granting enforcement discretion for retaining fewer reserve samples of the test article and reference standard than is specified in the regulations for drug products manufactured in single-dose units as well as those in multi-dose units.

The company raises three additional concerns with the policy: (1) there still are products or situations that are not explicitly covered or referenced by the policy, leaving the industry uncertain as to whether the policy applies; (2) there are some situations where even under the more lenient retention standard the costs and burdens on Teva and the rest of the industry are significant; and (3) there appears to be a contradiction between the expectations for nasal aerosols and nasal sprays in multi-dose units laid out in the policy and the expectations for those products in a 5/2004 guidance.

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