Vifor Fresenius Wants Velphoro Exclusivity
Vifor Fresenius is asking FDA to grant five-year new active ingredient exclusivity to its Velphoro (sucroferric oxyhydroxide). A 4/15 petition also asks the agency to stay the acceptance, receipt, filing, review, and approval of any ANDA or 505(b)(2) application referencing Velphoro while it continues to consider the drug’s exclusivity status.
The company notes that FDA has been considering the five-year exclusivity for more than 17 months. “Given the imminent expiration of Velphoro’s three-year exclusivity on 11/27,” the petition says, “Vifor Fresenius will be irreparably harmed if the commissioner fails to act soon. Vifor Fresenius respectfully requests expedited consideration of the stay portion of this petition.”
The petition lists these reasons why Velphoro is entitled to five-year new active ingredient exclusivity under either the agency’s active moiety standard or the Federal Food, Drug, and Cosmetic Act’s active ingredient standard:
Velphoro is a novel iron-based phosphate binder with a different active moiety from previous iron-based products; FDA has agreed that there are significant physiochemical differences between Velphoro’s iron oxyhydroxide active moiety and the iron oxyhydroxides in previously approved products; Velphoro does not contain a previously approved active ingredient; and Velphoro’s physiochemical differences are essential for the desired therapeutic indication, not minor differences that the agency can ignore.
The petition also argues that FDA is not in a position to deal with any ANDA or 505(b)(2) application unless and until it has determined whether such action is lawful by ruling on Velphoro’s five-year exclusivity.