Vanda Sues FDA Over Rejected Hetlioz sNDA

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Vanda Pharmaceuticals has filed a lawsuit in the DC District Court against FDA seeking an order to compel it to publish in the Federal Register a notice of opportunity for a hearing related to a complete response letter (CRL) on a supplemental NDA for Hetlioz (tasimelteon) for treating jet lag disorder. The complete response was issued in 2019 and cited “measures” contained in the sNDA demonstrating improved sleep have “unclear clinical significance,” the company said at the time (see story).

After the CRL was issued, Vanda unsuccessfully attempted to resolve the matter under FDA’s dispute resolution. It further complains that the submission has since been sitting in regulatory purgatory, until the company 7/1 formally requested an opportunity for a hearing on the approvability of the sNDA.

On 8/22, “FDA privately delivered to Vanda what the agency characterized as a notice of opportunity for hearing,” the company’s complaint says. “That notice was not, and still has not been, published in the Federal Register consistent with 21 CFR § 314.200(a). Worse, FDA has refused to provide any date certain for publication in the Federal Register, taking the position in correspondence with Vanda that there is no deadline to publish the notice and thereby complete the statutorily required ‘notice’ and begin the hearing process, consistent with FDA’s regulation.”

Worried that FDA could delay indefinitely its request for a hearing, Vanda has asked the court to compel the agency to either approve the sNDA or publishing a notice of an opportunity for hearing in the Federal Register.

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