Virtus Pharmaceuticals Petition Denied on Procedural Grounds

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FDA has denied on two procedural grounds a Virtus Pharmaceuticals 7/11 petition that presented information alleging that Lehigh Valley Technologies, Pharma Research Software Solutions (PRSS), and Pharma-Med, Inc. inappropriately avoided paying user fees for two NDAs. The petition asked the agency to: 

  •          institute proceedings to remove the relevant NDAs for potassium chloride for oral solution sponsored by PRSS and potassium chloride oral solution sponsored by Pharma-Med, for inappropriately avoiding paying user fees of $2.3 million; and
  •          investigate the matter in accordance with the FDA application integrity policy and not take action against other potassium chloride oral solution drug products until the matter has been resolved.

The agency response says it is denying the petition to the extent that it requests that FDA address through the citizen petition process whether a user fee waiver was obtained inappropriately. The letter says that agency staff would have to engage in a process of fact gathering and further inquiry that could potentially require analysis of financial or other information to which disclosure restrictions may apply.

It also says that to the extent that the petition asks FDA to refrain from taking enforcement action against potassium chloride oral solution products, such requests are not properly the subject of a citizen petition.

“We nevertheless appreciate the information you provided, and we take the issues you raise seriously,” FDA says in the letter. “We will evaluate this matter to determine whether follow-up action is appropriate. Please note that your petition is being denied solely on procedural grounds and that this response does not represent a decision by the agency to take or refrain from taking any action relating to the subject matter of your petition.”

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