News

FDA Solicits Feedback on Drug Products Approved Under Abbreviated New Drug Applications Before the Enactment of the Hatch-Waxman Amendments

The FDA has established a public docket to solicit comments on several issues related to FDA’s regulation of certain drug products approved under abbreviated new drug applications before the enactment of the Drug Price Competition and Patent Term Restoration Act of 1984, commonly referred to as the Hatch-Waxman Amendments. Because these Pre-Hatch-Waxman ANDAs (PANDAs) were submitted under section 505(b) and approved under section 505(c) of the Federal Food, Drug, and Cosmetic (FD&C) Act, they can serve as a reference listed drug (RLD) for future abbreviated new drug applications submitted under section 505(j) of the FD&C Act (505(j) ANDAs) and can also be a listed drug relied on by 505(b)(2) applications.

Although these PANDAs are 505(b) applications, they have historically been overseen by FDA’s Office of Generic Drugs. FDA is aware that there may be some confusion about the applicability of certain statutory and regulatory provisions to these PANDAs. In particular, there is confusion whether PANDAs are subject to the requirements that apply to other 505(b) applications or to those that apply to 505(j) applications. FDA recognizes there are differences between certain requirements for 505(b) application and 505(j) applications, including with respect to requirements regarding labeling updates, patent listing, eligibility for exclusivity, and certain drug safety-related requirements or procedures.

FDA is seeking input from holders of these PANDAs and other interested persons regarding whether there are regulatory or policy rationales for treating these PANDAs differently from other 505(b) applications in certain respects. To facilitate stakeholder feedback, FDA has included specific questions in the Federal Register Notice. These questions are not meant to be exhaustive, and FDA is also interested in any other pertinent information stakeholders would like to share on this topic. In all cases, FDA encourages stakeholders to provide the rationale and basis for their comments, including any available supporting data and information. Interested persons can submit comments to the docket until December 11, 2021.

Recent News

12/11/2024

Liquet™ Medical Inc. Receives FDA 510(k) Clearance for the Versus™ Catheter

Liquet Medical Inc., a pioneering medical device company committed to advancing patient care through innovative technologies, today announced it has received 510(k) clearance from the U.S. Food and Drug Administration (FDA) for its Versus™ Catheter. This innovative medical device is set to enhance the treatment of pulmonary artery blood clots by offering real-time pulmonary artery

12/03/2024

ivWatch Named to Inc.’s 2024 Best in Business List in Health Products Category

ivWatch, LLC, the IV safety company, is proud to announce it has been named to the Inc. 2024 Best in Business list in the Health Products category. Inc.’s annual Best in Business Awards celebrate the exceptional achievements and contributions of companies that have made a profound impact on their industries and on society at large.

12/03/2024

New Report Finds Bioscience Sector Generates Over $3 Trillion for U.S. Economy

The Biotechnology Innovation Organization (BIO) and the Council of State Bioscience Associations (CSBA) released new national and state-level data on the U.S. bioscience industry’s economic performance, its impacts, and its geographic footprint. The report, “The U.S. Bioscience Economy: Driving Economic Growth and Opportunity in States and Regions,” analyzes the sector’s economic impact via employment, overall