Virtus Wants 2 NDAs Removed

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Virtus Pharmaceuticals is asking that FDA start proceedings to remove two NDAs for potassium chloride oral solution from Lehigh Valley Technologies because the company inappropriately avoided paying $2.2 million in user fees. The petition also asks that the matter be investigated in accordance with the agency’s application integrity policy and that FDA not take action against any other potassium chloride oral solution drug products until the matter has been resolved, even if it cannot immediately withdraw the two NDAs.

The petition says that Lehigh Valley originally sponsored the two NDAs at issue and later transferred sponsorship of one to Pharma Research Software Solution (PRSS) and one to Pharma-Med. Neither company had any experience in drug development, it says, and it appears that the purpose of transferring the sponsorships was to avoid paying user fees. Once the two companies received FDA small business user fee waivers and gained approval of their NDAs, they immediately sold the rights back to Lehigh Valley, which then sold them to other companies. “By working in concert, Lehigh, PRSS, and Pharma-Med avoided paying $2,252,150 in user fees to FDA,” the petition declares.

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