Vifor Asks Complex Drug Copy Requirements
Vifor Pharma, which manufactures a number of complex drugs to treat iron deficiency, is asking FDA “to take critical steps regarding the approval and therapeutic equivalence of safe and effective follow-on harder-to-copy complex drugs.” Specifically, the firm’s petition says, FDA should make clear to its stakeholders that the ANDA approval pathway under Section 505(j) of the Federal Food, Drug, and Cosmetic Act (FFDCA) is not appropriate for follow-on versions of certain harder-to-copy complex drugs identified by FDA.
“Any FDA effort to approve these follow-on harder-to-copy complex drugs under Section 505(j) of the FFDCA is contrary to the plain language of the statute and poses significant risks to patients,” the Vifor says. “Instead, approvals and therapeutic equivalence determinations for harder-to-copy complex drugs must be made pursuant to Section 505 (b)(2) and must include clinical studies.”
Vifor asks that FDA:
- issue guidance and publicly affirm that the ANDA approval pathway is not appropriate for harder-to-copy complex drugs already identified by FDA, and
- use its planned guidance on therapeutic equivalence for follow-on drugs approved pursuant to Section 505(b)(2) to make clear that a follow-on harder-to-copy complex drug may be determined to be therapeutically equivalent to the reference-listed drug when the two drugs meet the existing criteria: same active ingredient; same route of administration, dosage form, and strength; same clinical effect and safety profile; and been shown to be bioequivalent, demonstrated through data from clinical studies.