Referencing Approved Drug Products in Abbreviated New Drug Application Submissions; Draft Guidance for Industry; Availability, 4894-4896 [2017-00820]
Download as PDF
sradovich on DSK3GMQ082PROD with NOTICES
4894
Federal Register / Vol. 82, No. 10 / Tuesday, January 17, 2017 / Notices
or at the Division of Dockets
Management between 9 a.m. and 4 p.m.,
Monday through Friday.
• Confidential Submissions—To
submit a comment with confidential
information that you do not wish to be
made publicly available, submit your
comments only as a written/paper
submission. You should submit two
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with a heading or cover note that states
‘‘THIS DOCUMENT CONTAINS
CONFIDENTIAL INFORMATION.’’ The
Agency will review this copy, including
the claimed confidential information, in
its consideration of comments. The
second copy, which will have the
claimed confidential information
redacted/blacked out, will be available
for public viewing and posted on
https://www.regulations.gov. Submit
both copies to the Division of Dockets
Management. If you do not wish your
name and contact information to be
made publicly available, you can
provide this information on the cover
sheet and not in the body of your
comments and you must identify this
information as ‘‘confidential.’’ Any
information marked as ‘‘confidential’’
will not be disclosed except in
accordance with 21 CFR 10.20 and other
applicable disclosure law. For more
information about FDA’s posting of
comments to public dockets, see 80 FR
56469, September 18, 2015, or access
the information at: https://www.fda.gov/
regulatoryinformation/dockets/
default.htm.
Docket: For access to the docket to
read background documents or the
electronic and written/paper comments
received, go to https://
www.regulations.gov and insert the
docket number, found in brackets in the
heading of this document, into the
‘‘Search’’ box and follow the prompts
and/or go to the Division of Dockets
Management, 5630 Fishers Lane, Rm.
1061, Rockville, MD 20852.
Submit written requests for single
copies of the draft guidance to the
Center for Tobacco Products, Food and
Drug Administration, Document Control
Center, Bldg. 71, Rm. G335, 10903 New
Hampshire Ave., Silver Spring, MD
20993–0002. Send one self-addressed
adhesive label to assist that office in
processing your request or include a fax
number to which the guidance
document may be sent. See the
SUPPLEMENTARY INFORMATION section for
electronic access to the guidance
document.
FOR FURTHER INFORMATION CONTACT:
Katherine Collins, Center for Tobacco
Products, Food and Drug
VerDate Sep<11>2014
18:21 Jan 13, 2017
Jkt 241001
Administration, Document Control
Center, 10903 New Hampshire Ave.,
Bldg. 71, Rm. G335, Silver Spring, MD
20993–0002, 1–877–287–1373, email:
AskCTP@fda.hhs.gov.
SUPPLEMENTARY INFORMATION:
I. Background
We are announcing the availability of
a draft guidance for industry entitled
‘‘Interpretation of and Compliance
Policy for Certain Label Requirement;
Applicability of Certain Federal Food,
Drug, and Cosmetic Act Requirements to
Vape Shops.’’
This draft guidance document, when
finalized, will provide FDA’s
interpretation of, and a compliance
policy for, the label requirement under
section 903(a)(2)(C) of the FD&C Act (21
U.S.C. 387c(a)(2)(C)). This draft
guidance document, when finalized, is
also intended to assist retailers who sell
newly deemed products by explaining
whether engaging in certain activities
subjects such establishments to
additional requirements of the FD&C
Act and the limited circumstances
under which FDA does not intend to
enforce compliance.
The Family Smoking Prevention and
Tobacco Control Act (Pub. L. 111–31)
(Tobacco Control Act), enacted on June
22, 2009, amends section 904 of the
FD&C Act (21 U.S.C. 387d) and provides
FDA with the authority to regulate the
manufacture, marketing, and
distribution of tobacco products to
protect the public health generally and
to reduce tobacco use by minors.
Cigarettes, cigarette tobacco, roll-yourown tobacco, and smokeless tobacco
were immediately covered by FDA’s
tobacco product authorities in chapter
IX of the FD&C Act, when the Tobacco
Control Act went into effect. As for
other types of tobacco products, section
901(b) of the FD&C Act (21 U.S.C.
387a(b)) grants FDA authority to deem
those products subject to chapter IX of
the FD&C Act. Under that authority,
FDA issued a rule deeming all other
products that meet the statutory
definition of ‘‘tobacco product,’’ set
forth in section 201(rr) of the FD&C Act
(21 U.S.C. 321(rr)), except for
accessories of those products, as subject
to chapter IX of the FD&C Act (81 FR
28974). FDA published the final rule on
May 10, 2016, and it became effective
on August 8, 2016.
Section 903(a)(2)(C) of the FD&C Act
provides that a tobacco product in
package form is misbranded unless its
label contains ‘‘an accurate statement of
the percentage of tobacco used in the
product that is domestically grown
tobacco and the percentage that is
foreign grown tobacco.’’ The draft
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guidance provides FDA’s interpretation
of, and a compliance policy for, this
label requirement.
Retail establishments, such as vape
shops, which engage in certain activities
may also be subject to certain
requirements of the FD&C Act that
apply to tobacco product manufacturers
and to establishments that engage in the
manufacture, preparation,
compounding, or processing of tobacco
product. These activities may also
include modifying a product so that it
is a new tobacco product requiring
compliance with the premarket
authorization requirements. This draft
guidance explains which activities
subject vape shops to these FD&C Act
requirements and the limited
circumstances under which FDA does
not intend to enforce compliance.
II. Significance of Guidance
FDA is issuing this draft guidance
consistent with FDA’s good guidance
practices regulation (21 CFR 10.115).
The draft guidance, when finalized, will
represent the current thinking of FDA.
It does not establish any rights for any
person and is not binding on FDA or the
public. You can use an alternative
approach if it satisfies the requirements
of the applicable statutes and
regulations.
III. Electronic Access
Persons with access to the Internet
may obtain an electronic version of the
draft guidance at either https://
www.regulations.gov or https://
www.fda.gov/TobaccoProducts/
Labeling/RulesRegulationsGuidance/
default.htm.
Dated: January 9, 2017.
Leslie Kux,
Associate Commissioner for Policy.
[FR Doc. 2017–00773 Filed 1–13–17; 8:45 am]
BILLING CODE 4164–01–P
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
Food and Drug Administration
[Docket No. FDA–2017–D–0114]
Referencing Approved Drug Products
in Abbreviated New Drug Application
Submissions; Draft Guidance for
Industry; Availability
AGENCY:
Food and Drug Administration,
HHS.
ACTION:
Notice of availability.
The Food and Drug
Administration (FDA or Agency) is
announcing the availability of a draft
guidance for industry entitled
SUMMARY:
E:\FR\FM\17JAN1.SGM
17JAN1
Federal Register / Vol. 82, No. 10 / Tuesday, January 17, 2017 / Notices
‘‘Referencing Approved Drug Products
in ANDA Submissions.’’ Any person is
permitted to submit an abbreviated new
drug application (ANDA) in order to
seek approval to market a generic
version of a previously approved drug
product. The purpose of this guidance is
to provide information to potential
applicants on how to identify a
reference listed drug (RLD), reference
standard, and the basis of submission in
an ANDA submission.
DATES: Although you can comment on
any guidance at any time (see 21 CFR
10.115(g)(5)), to ensure that the Agency
considers your comment on this draft
guidance before it begins work on the
final version of the guidance, submit
either electronic or written comments
on the draft guidance by March 20,
2017.
ADDRESSES:
You may submit comments
as follows:
Electronic Submissions
Submit electronic comments in the
following way:
• Federal eRulemaking Portal:
https://www.regulations.gov. Follow the
instructions for submitting comments.
Comments submitted electronically,
including attachments, to https://
www.regulations.gov will be posted to
the docket unchanged. Because your
comment will be made public, you are
solely responsible for ensuring that your
comment does not include any
confidential information that you or a
third party may not wish to be posted,
such as medical information, your or
anyone else’s Social Security number, or
confidential business information, such
as a manufacturing process. Please note
that if you include your name, contact
information, or other information that
identifies you in the body of your
comments, that information will be
posted on https://www.regulations.gov.
• If you want to submit a comment
with confidential information that you
do not wish to be made available to the
public, submit the comment as a
written/paper submission and in the
manner detailed (see ‘‘Written/Paper
Submissions’’ and ‘‘Instructions’’).
sradovich on DSK3GMQ082PROD with NOTICES
Written/Paper Submissions
Submit written/paper submissions as
follows:
• Mail/Hand delivery/Courier (for
written/paper submissions): Division of
Dockets Management (HFA–305), Food
and Drug Administration, 5630 Fishers
Lane, Rm. 1061, Rockville, MD 20852.
• For written/paper comments
submitted to the Division of Dockets
Management, FDA will post your
comment, as well as any attachments,
VerDate Sep<11>2014
18:21 Jan 13, 2017
Jkt 241001
except for information submitted,
marked and identified, as confidential,
if submitted as detailed in
‘‘Instructions.’’
Instructions: All submissions received
must include the Docket No. FDA–
2017–D–0114 for ‘‘Referencing
Approved Drug Products in ANDA
Submissions.’’ Received comments will
be placed in the docket and, except for
those submitted as ‘‘Confidential
Submissions,’’ publicly viewable at
https://www.regulations.gov or at the
Division of Dockets Management
between 9 a.m. and 4 p.m., Monday
through Friday.
• Confidential Submissions—To
submit a comment with confidential
information that you do not wish to be
made publicly available, submit your
comments only as a written/paper
submission. You should submit two
copies total. One copy will include the
information you claim to be confidential
with a heading or cover note that states
‘‘THIS DOCUMENT CONTAINS
CONFIDENTIAL INFORMATION.’’ The
Agency will review this copy, including
the claimed confidential information, in
its consideration of comments. The
second copy, which will have the
claimed confidential information
redacted/blacked out, will be available
for public viewing and posted on
https://www.regulations.gov. Submit
both copies to the Division of Dockets
Management. If you do not wish your
name and contact information to be
made publicly available, you can
provide this information on the cover
sheet and not in the body of your
comments and you must identify this
information as ‘‘confidential.’’ Any
information marked as ‘‘confidential’’
will not be disclosed except in
accordance with 21 CFR 10.20 and other
applicable disclosure law. For more
information about FDA’s posting of
comments to public dockets, see 80 FR
56469, September 18, 2015, or access
the information at: https://www.fda.gov/
regulatoryinformation/dockets/
default.htm.
Docket: For access to the docket to
read background documents or the
electronic and written/paper comments
received, go to https://
www.regulations.gov and insert the
docket number, found in brackets in the
heading of this document, into the
‘‘Search’’ box and follow the prompts
and/or go to the Division of Dockets
Management, 5630 Fishers Lane, Rm.
1061, Rockville, MD 20852.
Submit written requests for single
copies of the draft guidance to the
Division of Drug Information, Center for
Drug Evaluation and Research, Food
and Drug Administration, 10001 New
PO 00000
Frm 00058
Fmt 4703
Sfmt 4703
4895
Hampshire Ave., Hillandale Building,
4th Floor, Silver Spring, MD 20993–
0002. Send one self-addressed adhesive
label to assist that office in processing
your requests. See the SUPPLEMENTARY
INFORMATION section for electronic
access to the draft guidance document.
FOR FURTHER INFORMATION CONTACT: Gail
Schmerfeld, Center for Drug Evaluation
and Research, Food and Drug
Administration, 10903 New Hampshire
Ave., Silver Spring, MD 20993–0002,
301–796–9291,
gail.schmerfeld@fda.hhs.gov.
SUPPLEMENTARY INFORMATION:
I. Background
FDA is announcing the availability of
a draft guidance for industry entitled
‘‘Referencing Approved Drug Products
in ANDA Submissions.’’ To obtain
approval of an ANDA submitted under
section 505(j) of the FD&C Act (21
U.S.C. 355(j)), an ANDA applicant
generally must show, among other
things, that the proposed generic drug
has the same active ingredient(s),
conditions of use, route of
administration, dosage form, strength,
and, with certain permissible
differences, labeling as the specific
listed drug referred to in the ANDA, i.e.,
the RLD. Under section 505(j)(2)(A)(iv)
of the FD&C Act, the ANDA applicant
also must demonstrate that the proposed
generic drug is bioequivalent to the RLD
and, if in vivo bioequivalence studies
are required for approval of the ANDA,
the applicant must use the reference
standard selected by FDA in such
testing (21 CFR 314.3(b)). Further, under
section 505(j)(2)(A)(vi) of the FD&C Act,
a generic drug must meet the same high
standards of quality and manufacturing
as drug products approved under
section 505(c) of the FD&C Act.
This guidance provides information to
potential applicants on how to identify
a ‘‘reference listed drug,’’ ‘‘reference
standard,’’ and the ‘‘basis of
submission’’ in ANDA submissions. A
variety of factors has led to confusion
among stakeholders on what these terms
mean and how an ANDA applicant
should use them. These factors include
the discontinued marketing of many
approved drug products and FDA’s
identification of reference standards
with the RLD symbol (‘‘+’’) in the
printed version, and under the ‘‘RLD’’
column in the electronic version, of
FDA’s ‘‘Approved Drug Products with
Therapeutic Equivalence Evaluations’’
(the ‘‘Orange Book’’). This guidance is
intended to address this confusion by
explaining what these terms mean and
clarifying the differences among them.
This guidance provides
E:\FR\FM\17JAN1.SGM
17JAN1
4896
Federal Register / Vol. 82, No. 10 / Tuesday, January 17, 2017 / Notices
recommendations on how to accurately
use these terms in an ANDA, how
persons can request FDA designation of
an RLD, and how persons can request
FDA selection of a reference standard.
This draft guidance is being issued
consistent with FDA’s good guidance
practices regulation (21 CFR 10.115).
The draft guidance, when finalized, will
represent the current thinking of FDA
on Referencing Approved Drug Products
in ANDA Submissions. It does not
establish any rights for any person and
is not binding on FDA or the public.
You can use an alternative approach if
it satisfies the requirements of the
applicable statutes and regulations.
II. Electronic Access
Persons with access to the Internet
may obtain the draft guidance at either
https://www.fda.gov/Drugs/Guidance
ComplianceRegulatoryInformation/
Guidances/default.htm or https://
www.regulations.gov.
Dated: January 11, 2017.
Leslie Kux,
Associate Commissioner for Policy.
[FR Doc. 2017–00820 Filed 1–13–17; 8:45 am]
BILLING CODE 4164–01–P
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
Food and Drug Administration
[Docket No. FDA–2016–N–4662]
Public Hearing: Strategic Partnerships
To Enhance the Safety of Imported
Foods: Capacity Building, Risk-Based
Decisionmaking, Recognition of
Commodity Food Control Programs,
and Systems Recognition; Request for
Comments
AGENCY:
Food and Drug Administration,
HHS.
Notice of public hearing; request
for comments.
ACTION:
The Food and Drug
Administration (FDA or we) is
announcing a public hearing regarding
FDA initiatives for enhancing the safety
of foods (for humans and animals)
imported into the United States. The
hearing will focus on partnerships to
improve safety capabilities through
capacity building; partnerships that
incorporate information from private
entities and foreign competent
authorities to inform risk-based
decisionmaking; partnerships that
recognize commodity-specific export
programs; and partnerships that
recognize the robustness of a nation’s
entire food safety system. In addition,
we are seeking information from a
sradovich on DSK3GMQ082PROD with NOTICES
SUMMARY:
VerDate Sep<11>2014
18:21 Jan 13, 2017
Jkt 241001
variety of viewpoints, including from
competent authorities in other countries
and from private entities, to help inform
FDA regarding risk-based
decisionmaking, commodity-specific
export control programs in other
countries, and systems recognition.
DATES: See ‘‘How to Participate in the
Hearing’’ in the SUPPLEMENTARY
INFORMATION section of this document
for dates and times of the public
meetings, closing dates for advance
registration, requesting special
accommodations due to disability,
closing date to submit comments to the
docket, and other information regarding
meeting participation.
ADDRESSES: You may submit comments
as follows:
Electronic Submissions
Submit electronic comments in the
following way:
• Federal eRulemaking Portal:
https://www.regulations.gov. Follow the
instructions for submitting comments.
Comments submitted electronically,
including attachments, to https://
www.regulations.gov will be posted to
the docket unchanged. Because your
comment will be made public, you are
solely responsible for ensuring that your
comment does not include any
confidential information that you or a
third party may not wish to be posted,
such as medical information, your or
anyone else’s Social Security number, or
confidential business information, such
as a manufacturing process. Please note
that if you include your name, contact
information, or other information that
identifies you in the body of your
comments, that information will be
posted on https://www.regulations.gov.
• If you want to submit a comment
with confidential information that you
do not wish to be made available to the
public, submit the comment as a
written/paper submission and in the
manner detailed (see ‘‘Written/Paper
Submissions’’ and ‘‘Instructions’’).
Written/Paper Submissions
Submit written/paper submissions as
follows:
• Mail/Hand delivery/Courier (for
written/paper submissions): Division of
Dockets Management (HFA–305), Food
and Drug Administration, 5630 Fishers
Lane, Rm. 1061, Rockville, MD 20852.
• For written/paper comments
submitted to the Division of Dockets
Management, FDA will post your
comment, as well as any attachments,
except for information submitted,
marked and identified, as confidential,
if submitted as detailed in
‘‘Instructions.’’
PO 00000
Frm 00059
Fmt 4703
Sfmt 4703
Instructions: All submissions received
must include the Docket No. FDA–
2016–N–4662 for ‘‘Public Hearing:
Strategic Partnerships to Enhance the
Safety of Imported Foods: Capacity
Building, Risk-Based Decisionmaking,
Recognition of Commodity Food Control
Programs, and Systems Recognition.’’
Received comments will be placed in
the docket and, except for those
submitted as ‘‘Confidential
Submissions,’’ publicly viewable at
https://www.regulations.gov or at the
Division of Dockets Management
between 9 a.m. and 4 p.m., Monday
through Friday.
• Confidential Submissions—To
submit a comment with confidential
information that you do not wish to be
made publicly available, submit your
comments only as a written/paper
submission. You should submit two
copies total. One copy will include the
information you claim to be confidential
with a heading or cover note that states
‘‘THIS DOCUMENT CONTAINS
CONFIDENTIAL INFORMATION.’’ We
will review this copy, including the
claimed confidential information, in our
consideration of comments. The second
copy, which will have the claimed
confidential information redacted/
blacked out, will be available for public
viewing and posted on https://
www.regulations.gov. Submit both
copies to the Division of Dockets
Management. If you do not wish your
name and contact information to be
made publicly available, you can
provide this information on the cover
sheet and not in the body of your
comments and you must identify this
information as ‘‘confidential.’’ Any
information marked as ‘‘confidential’’
will not be disclosed except in
accordance with 21 CFR 10.20 and other
applicable disclosure law. For more
information about FDA’s posting of
comments to public dockets, see 80 FR
56469, September 18, 2015, or access
the information at: https://www.fda.gov/
regulatoryinformation/dockets/
default.htm.
Docket: For access to the docket to
read background documents or the
electronic and written/paper comments
received, go to https://
www.regulations.gov and insert the
docket number, found in brackets in the
heading of this document, into the
‘‘Search’’ box and follow the prompts
and/or go to the Division of Dockets
Management, 5630 Fishers Lane, Rm.
1061, Rockville, MD 20852.
FOR FURTHER INFORMATION CONTACT:
Wade Woolfolk, Food and Drug
Administration, Center for Food Safety
and Applied Nutrition (HFS–550), 5001
E:\FR\FM\17JAN1.SGM
17JAN1
Agencies
[Federal Register Volume 82, Number 10 (Tuesday, January 17, 2017)]
[Notices]
[Pages 4894-4896]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-00820]
-----------------------------------------------------------------------
DEPARTMENT OF HEALTH AND HUMAN SERVICES
Food and Drug Administration
[Docket No. FDA-2017-D-0114]
Referencing Approved Drug Products in Abbreviated New Drug
Application Submissions; Draft Guidance for Industry; Availability
AGENCY: Food and Drug Administration, HHS.
ACTION: Notice of availability.
-----------------------------------------------------------------------
SUMMARY: The Food and Drug Administration (FDA or Agency) is announcing
the availability of a draft guidance for industry entitled
[[Page 4895]]
``Referencing Approved Drug Products in ANDA Submissions.'' Any person
is permitted to submit an abbreviated new drug application (ANDA) in
order to seek approval to market a generic version of a previously
approved drug product. The purpose of this guidance is to provide
information to potential applicants on how to identify a reference
listed drug (RLD), reference standard, and the basis of submission in
an ANDA submission.
DATES: Although you can comment on any guidance at any time (see 21 CFR
10.115(g)(5)), to ensure that the Agency considers your comment on this
draft guidance before it begins work on the final version of the
guidance, submit either electronic or written comments on the draft
guidance by March 20, 2017.
ADDRESSES: You may submit comments as follows:
Electronic Submissions
Submit electronic comments in the following way:
Federal eRulemaking Portal: https://www.regulations.gov.
Follow the instructions for submitting comments. Comments submitted
electronically, including attachments, to https://www.regulations.gov
will be posted to the docket unchanged. Because your comment will be
made public, you are solely responsible for ensuring that your comment
does not include any confidential information that you or a third party
may not wish to be posted, such as medical information, your or anyone
else's Social Security number, or confidential business information,
such as a manufacturing process. Please note that if you include your
name, contact information, or other information that identifies you in
the body of your comments, that information will be posted on https://www.regulations.gov.
If you want to submit a comment with confidential
information that you do not wish to be made available to the public,
submit the comment as a written/paper submission and in the manner
detailed (see ``Written/Paper Submissions'' and ``Instructions'').
Written/Paper Submissions
Submit written/paper submissions as follows:
Mail/Hand delivery/Courier (for written/paper
submissions): Division of Dockets Management (HFA-305), Food and Drug
Administration, 5630 Fishers Lane, Rm. 1061, Rockville, MD 20852.
For written/paper comments submitted to the Division of
Dockets Management, FDA will post your comment, as well as any
attachments, except for information submitted, marked and identified,
as confidential, if submitted as detailed in ``Instructions.''
Instructions: All submissions received must include the Docket No.
FDA-2017-D-0114 for ``Referencing Approved Drug Products in ANDA
Submissions.'' Received comments will be placed in the docket and,
except for those submitted as ``Confidential Submissions,'' publicly
viewable at https://www.regulations.gov or at the Division of Dockets
Management between 9 a.m. and 4 p.m., Monday through Friday.
Confidential Submissions--To submit a comment with
confidential information that you do not wish to be made publicly
available, submit your comments only as a written/paper submission. You
should submit two copies total. One copy will include the information
you claim to be confidential with a heading or cover note that states
``THIS DOCUMENT CONTAINS CONFIDENTIAL INFORMATION.'' The Agency will
review this copy, including the claimed confidential information, in
its consideration of comments. The second copy, which will have the
claimed confidential information redacted/blacked out, will be
available for public viewing and posted on https://www.regulations.gov.
Submit both copies to the Division of Dockets Management. If you do not
wish your name and contact information to be made publicly available,
you can provide this information on the cover sheet and not in the body
of your comments and you must identify this information as
``confidential.'' Any information marked as ``confidential'' will not
be disclosed except in accordance with 21 CFR 10.20 and other
applicable disclosure law. For more information about FDA's posting of
comments to public dockets, see 80 FR 56469, September 18, 2015, or
access the information at: https://www.fda.gov/regulatoryinformation/dockets/default.htm.
Docket: For access to the docket to read background documents or
the electronic and written/paper comments received, go to https://www.regulations.gov and insert the docket number, found in brackets in
the heading of this document, into the ``Search'' box and follow the
prompts and/or go to the Division of Dockets Management, 5630 Fishers
Lane, Rm. 1061, Rockville, MD 20852.
Submit written requests for single copies of the draft guidance to
the Division of Drug Information, Center for Drug Evaluation and
Research, Food and Drug Administration, 10001 New Hampshire Ave.,
Hillandale Building, 4th Floor, Silver Spring, MD 20993-0002. Send one
self-addressed adhesive label to assist that office in processing your
requests. See the SUPPLEMENTARY INFORMATION section for electronic
access to the draft guidance document.
FOR FURTHER INFORMATION CONTACT: Gail Schmerfeld, Center for Drug
Evaluation and Research, Food and Drug Administration, 10903 New
Hampshire Ave., Silver Spring, MD 20993-0002, 301-796-9291,
gail.schmerfeld@fda.hhs.gov.
SUPPLEMENTARY INFORMATION:
I. Background
FDA is announcing the availability of a draft guidance for industry
entitled ``Referencing Approved Drug Products in ANDA Submissions.'' To
obtain approval of an ANDA submitted under section 505(j) of the FD&C
Act (21 U.S.C. 355(j)), an ANDA applicant generally must show, among
other things, that the proposed generic drug has the same active
ingredient(s), conditions of use, route of administration, dosage form,
strength, and, with certain permissible differences, labeling as the
specific listed drug referred to in the ANDA, i.e., the RLD. Under
section 505(j)(2)(A)(iv) of the FD&C Act, the ANDA applicant also must
demonstrate that the proposed generic drug is bioequivalent to the RLD
and, if in vivo bioequivalence studies are required for approval of the
ANDA, the applicant must use the reference standard selected by FDA in
such testing (21 CFR 314.3(b)). Further, under section 505(j)(2)(A)(vi)
of the FD&C Act, a generic drug must meet the same high standards of
quality and manufacturing as drug products approved under section
505(c) of the FD&C Act.
This guidance provides information to potential applicants on how
to identify a ``reference listed drug,'' ``reference standard,'' and
the ``basis of submission'' in ANDA submissions. A variety of factors
has led to confusion among stakeholders on what these terms mean and
how an ANDA applicant should use them. These factors include the
discontinued marketing of many approved drug products and FDA's
identification of reference standards with the RLD symbol (``+'') in
the printed version, and under the ``RLD'' column in the electronic
version, of FDA's ``Approved Drug Products with Therapeutic Equivalence
Evaluations'' (the ``Orange Book''). This guidance is intended to
address this confusion by explaining what these terms mean and
clarifying the differences among them. This guidance provides
[[Page 4896]]
recommendations on how to accurately use these terms in an ANDA, how
persons can request FDA designation of an RLD, and how persons can
request FDA selection of a reference standard.
This draft guidance is being issued consistent with FDA's good
guidance practices regulation (21 CFR 10.115). The draft guidance, when
finalized, will represent the current thinking of FDA on Referencing
Approved Drug Products in ANDA Submissions. It does not establish any
rights for any person and is not binding on FDA or the public. You can
use an alternative approach if it satisfies the requirements of the
applicable statutes and regulations.
II. Electronic Access
Persons with access to the Internet may obtain the draft guidance
at either https://www.fda.gov/Drugs/GuidanceComplianceRegulatoryInformation/Guidances/default.htm or
https://www.regulations.gov.
Dated: January 11, 2017.
Leslie Kux,
Associate Commissioner for Policy.
[FR Doc. 2017-00820 Filed 1-13-17; 8:45 am]
BILLING CODE 4164-01-P