Vanda Sues FDA Over Drug Review Documents

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Vanda Pharmaceuticals 4/6 filed a lawsuit in the DC District Court that seeks to compel FDA to produce drug review records under the Freedom of Information Act (FOIA) associated with the company’s supplemental NDA for Hetlioz (tasimelteon) for treating Jet Lag Disorder (JLD) that was given a complete response letter in 2019. Hetlioz is currently approved for Non-24 Sleep-Wake Disorder, a circadian rhythm problem.

 

In its lawsuit, Vanda complains that the agency has already denied its FOIA request and appeals that sought the review documents. “Not only does Vanda have a legal right to receive copies of the reviews under FOIA’s clear mandate, but providing drug sponsors this information is essential to further scientific inquiry,” the company contends.

 

“When sponsors, like Vanda here, invest substantial sums investigating new products or new uses for existing products, they must understand the basis for adverse actions taken by FDA,” the company continues. “Disclosure of such information to the sponsor enables the sponsor to determine whether to continue pursuing further development efforts or to abandon the product or indication. Further, providing sponsors this information is necessary to enable a drug sponsor to understand if FDA’s decision-making is accurate… By failing to provide Vanda the reviews, Vanda cannot independently evaluate or verify the conclusions FDA has reached — conclusions which immediately and substantially injure Vanda.”

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