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Post-Approval Drug Issues Post-Approval Drug Issues

Post-Approval Drug Issues - PowerPoint Presentation

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Post-Approval Drug Issues - PPT Presentation

FDLIIntroduction to Drug Law Regulation By Marc J Scheineson Esq Alston amp Bird 950 F Street NW Washington DC 20004 202 2393465 marcscheinesonalstoncom November 7 2013 ID: 753414

approval drug reports fda drug approval fda reports safety withdrawal information adr post report product adverse failure 314 day days submit required

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Slide1

Post-Approval Drug Issues

FDLI-Introduction to Drug Law Regulation

By:

Marc J. Scheineson, Esq.

Alston & Bird

950 F Street, N.W.

Washington, D.C. 20004

(202) 239-3465

marc.scheineson@alston.com

November 7, 2013

New Brunswick, NJSlide2

2

2Slide3

Introduction

Adverse drug experience (

ADR) reports15-day alert reports

Periodic ADR reportsAnnual and other reportsPost-approval changes/supplements

Grounds for withdrawal of approval

Sale/transfer of NDAs/ANDAs

Post-approval safety issuesPedigree/track-trace

3Slide4

ADR Reports

Any “adverse event” associated with use of a drug in humans, whether or not considered drug-related

Can be associated with:

Normal useDrug overdose or abuseWithdrawalFailure of expected pharmacological action

Applicants to develop written procedures for handling and submitting

ADRs

to FDARx drugs without NDAs covered by 21 C.F.R. §310.305 (written procedures not required)

Serious Adverse Event

(AE) Reporting

now required for OTC monograph drugs

4Slide5

ADR Reports - Terms

“Serious” means:

DeathLife-threatening adverse experience

Hospitalization (or prolonging hospitalization)Persistent or significant disability/incapacityCongenital anomaly/birth defect“Important medical event” that may jeopardize a patient“Unexpected” means:Not listed in current labeling

May be related to

event

listed in current labeling, but more severe or more specific5Slide6

15-Day Alert Reports

Applicant must report

AEs that are both “serious” and “unexpected” no later than 15 calendar days after initial receipt of information

Company must promptly investigate and submit follow-up reports to FDANon-applicant named on label (manufacturer, packer, distributor) must report AEs to applicant within 5-days or directly to FDA

If Rx, no NDA, notified manufacturer must

report

even if not named on label6Slide7

15-Day Alert Reports (cont.)

Based on scientific literature?

Only if case report or results of formal clinical trialSubmit copy of published

articleBased on post-marketing study?Only needed if “reasonable possibility” that drug caused adverse experience

7Slide8

FDA 3500 and 3500A

Forms

8Slide9

ADR Reporting

MedWatch

– Form FDA 3500AProvide as much information as known, but at least:

Identifiable patientIdentifiable reporterSuspect drug productAdverse eventDisclaimer permitted

Report does not constitute

admission

that drug caused or contributed to adverse event9Slide10

ADR Proposed Rule

March 14, 2003

Proposed Rule Require expedited reporting in more circumstances (

e.g., actual and potential medication errors)Change focus to Suspected Adverse Drug ExperiencesImprove harmonization of international reporting standardsMany potential changes to timing and types of reportingComment period extended; no final action yet (none projected)

Final rule issued for reporting AEs during clinical trials (9/29/10) – effective March 28, 2011 (enforcement delayed until September 28, 2011)

10Slide11

Periodic ADR Reports

AEs

not considered “serious” and “unexpected” must be reported:Quarterly for 3-years

after drug approvalAnnually thereafterFDA may establish more frequent intervalReport must include:Narrative summary and analysis of 15-day reports submitted;Form 3500A for non-15-day

ADRs

; and

History of actions taken in response to ADRs11Slide12

ADR Enforcement

Failure to submit 15-day

reportsFailure to submit reports within 15-days

Failure to conduct follow-up investigation and submit 15-day follow-upFailure to submit periodic reportsFailure to have adequate written procedures for surveillance, receipt, evaluation, and reporting12Slide13

NDA Field Alert Reports

Mandatory reporting of:

Any incident causing a product or its labeling to be mistaken for, or applied to, another articleAny bacteriological contamination, or significant chemical, physical, or other change or deterioration in

distributed productAny failure of distributed product to meet specificationsNotify FDA District Office within 3 working days after receiving information

21 C.F.R.

§

314.81(b)(1)13Slide14

Annual Reports

21 C.F.R.

§314.81(b)(2

)Summary of significant new information that might affect safety, effectiveness, or labelingDistribution dataCurrent labeling

Chemistry, manufacturing, and control

changes

Nonclinical lab studiesClinical dataStatus report on post-marketing studies

14Slide15

Annual Reports

21 C.F.R. § 314.80(c)(2) (requiring adverse drug experience reports quarterly for the first three years after approval of the application and then annually).

21 C.F.R. § 314.81(b)(2) (requiring an annual report “within 60 days of the anniversary date of approval of the application”).

21 C.F.R. § 314.98(c) (requiring an annual report for ANDA’s).

15Slide16

Other Information

Submission of promotional materials

Representative copies at time of initial dissemination (Form 2253)

Withdrawal of approved drug from saleNotify FDA within 15 working daysSole manufacturer of life supporting drug, life sustaining or intended to prevent serious disease or condition - must notify FDA at least

6-months

before discontinuing manufacture

[Existing regulation; also part of FDASIA]Establishment registration (electronic)Update annually; PDUFA fee

Drug product listing (electronic)

Update every

6-months; PDUFA fee

16Slide17

Post-Approval Changes/Supplements

NDA/ANDA holder must notify FDA about any “change in a condition established in an approved application beyond the variations already provided for” in

applicationAssess whether advance approval is needed to implement

changeFact-specific analysis21 C.F.R. §314.70

17Slide18

Post-Approval Changes/Supplements (cont.)

“Prior approval” (major)

Changes in formulation, manufacturing process, packaging materials

“Changes being effected” (moderate)30-days: packaging change that doesn’t affect drug qualityImmediate: addition of specification, certain labeling changes to improve safe useLabeling standard changed effective Sept. 22, 2008“Annual report” (minor)

Delete color; adopt

compendial

changeDraft FDA Guidance (June 2010)18Slide19

Withdrawal of Approval

FDC Act

§505(e)

5 Mandatory bases (“shall”)3 Discretionary bases (“may”)

21 C.F.R.

§314.150(b

)Additional “regulatory” bases not in statuteFormal process requires administrative hearing (substantial effort by FDA

)

Statutory basis for reinstating approval when “the facts so require”

FDC Act

§505(f

)

19Slide20

Withdrawal - Mandatory

Safety - clinical or other evidence shows drug

unsafe

Safety - based on new clinical evidence not in NDA or known to FDA that drug “is not shown to be safe”E.g., VIOXX Cox-2 NSAID (2004)E.g., Seldane (following Allegra approval)

E.g.,

Avastin

for breast cancer (2011)Effectiveness - new evidence shows lack of substantial evidence of effectiveness

Failure to file required patent

information

Application includes untrue statement of material fact

E.g., KV Pharmaceutical (1998)

20Slide21

Withdrawal - Discretionary

Failure to have system for maintaining required records, to permit access to records, or to file required

reports

New information: serious manufacturing deficiencies and not corrected within reasonable time after written notice

New information: labeling is false or misleading and not corrected within

reasonable

time after written noticeGeneric MiraLax (Rx/OTC marketing) (October 2008)

21Slide22

Withdrawal - Regulatory

Legal authority uncertain (but not challenged)

Failure to submit bioavailability or bioequivalence data

Failure to explain omission of investigation or other information pertinent to evaluation of drug (omission itself not basis for withdrawal)

Good laboratory practice violations

Informed consent/Institutional Review Board (IRB) violations

Refusal to permit inspection (applicant or contract research organization)

22Slide23

Withdrawal - Others

Voluntary – applicant request

Product no longer marketed (e.g., Redux

)Failure to meet post-marketing endpoints (e.g., Iressa, Oforta, one indication for Celebrex)“Voluntary” – FDA request

Safety issues with

post-market

trial (e.g., Mylotarg, Meridia)Citizen PetitionRaising alleged safety concerns

Confusion over product names

“Imminent hazard” to public health

Summary suspension with opportunity for expedited hearing

HHS Secretary’s decision - only used once (late 1970s

)

Agency “mistake” (

American Therapeutics

case)

23Slide24

Withdrawal – Others (cont.)

Advisory Committee

recommendationDarvon/Darvocet (propoxyphene) (

1/09)AdCom voted to withdraw approval based on safety issuesFDA (July 2009): no withdrawal – strengthened label, Medication Guide, additional safety studyFDA (Nov. 2010): based on new data, requested withdrawal;

manufacturer

agreed

Vicodin, Percocet (narcotics + acetaminophen) (6/09)AdCom voted to withdraw approval; no FDA action yet24Slide25

Withdrawal – Others (cont.)

“Administrative Reconsideration”

Spear Pharmaceuticals – fluorouracil ANDA approved April 11, 2008

Valeant Citizen Petition (denied); lawsuit against FDAFDA announced reconsideration May 14, 2008 due to “outstanding questions regarding this approval”Approval stayed until May 30, 2008 (Spear agreed to stay)

No indication

what

issues were uncoveredNo additional delay in approval beyond May 30, 2008

25Slide26

Sale/Transfer of NDA/ANDA

Notify FDA at time of

transferLetter from former owner confirming transfer of rights

Letter from new owner:Providing commitment to meet conditions of applicationConfirming effective date of transferCertifying possession of full copy of application21 C.F.R. §314.72

26Slide27

Post-Approval Safety Issues

New FDA authority to require:

Post-market studiesChange in label safety information

Risk Evaluation and Mitigation Strategy (REMS)Penalties for noncompliance:Misbranded drugCivil money penalties27Slide28

Risk Evaluation: FDA’s Risk Evaluation and Mitigation Strategies (REMS)

REMS is a safety strategy to manage a known or potential serious risk associated with a medicine

Mandated under 2007 Food and Drug Administration

Amendments

Act (FDAAA)

Gave FDA authority to require REMS from manufacturers to ensure that benefits of a drug or biologics outweigh its risk

May be required by FDA as part of new approval or when new safety information arises

28Slide29

Pedigree Issues

“Pedigree” – statement to purchaser identifying each prior sale of drug (wholesalers/distributors

)Federal requirements delayed indefinitely (

RxUSA case)No pedigree needed from “authorized distributor of record” (ADR)No requirement to give pedigree to non-ADR (Catch-22)30+ States with pedigree laws (varying terms)Generally, ADRs must supply pedigrees outside normal distribution

Florida – electronic pedigrees now

California – effective 2016

29Slide30

Track-Trace

Guard against counterfeits/poor quality

FDA Counterfeit Drug Task Force formed July 2003Task Force report issued February 2004

FDA Amendments Act of 2007:FDA to develop standards for “effective technologies” to secure drug supply chainFDA developed “standardized numerical identifier” to identify drug and allow track/trace (March 2010 guidance)October 2011 – final guidance on “physical-chemical identifiers” in solid oral dosage forms to prevent counterfeiting

30Slide31

Track and Trace (cont.)

Legislation in final stages of passage/enactment

H.R. 1919, S. 957 Drug Supply Chain Security ActPreempts state law “inconsistent, more stringent or in addition to” Federal requirementsRequires manuf. to affix “product identifiers” on each package and homogeneous case of drug product (4-yrs. after enactment)

Pass lot-level transaction info. in paper or electronic form (1-yr. after enactment)Only engage in transactions with “authorized” trading partnersMaintain systems to verify product identifierMaintain systems to remove “suspect” or “illegitimate” product from supply chain

31Slide32

DISCLAIMER: This presentation

and

the accompanying discussion provide general information on recent legal and regulatory developments. They are not intended to be, and should not

be, relied

upon

as

legal advice.

Marc J. Scheineson

Partner

Alton & Bird

LLP

950 F Street, N.W.

Washington, DC

20004

Phone:

202-239-3465

Email:

marc.scheineson@alston.com

Thank you!

Questions? Please contact:

32