Determination That Romidepsin Injection, 10 Milligrams/2 Milliliters (5 Milligrams/Milliliter) and 27.5 Milligrams/5.5 Milliliters (5 Milligrams/Milliliter), Were Not Withdrawn From Sale for Reasons of Safety or Effectiveness, 18420-18421 [2024-05298]

Download as PDF 18420 Federal Register / Vol. 89, No. 50 / Wednesday, March 13, 2024 / Notices on ‘‘Annual Reportable Labeling Changes for NDAs and ANDAs for Nonprescription Drug Products.’’ 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. Paperwork Reduction Act of 1995 While this guidance contains no collection of information, it does refer to previously approved FDA collections of information. The previously approved collections of information are subject to review by the Office of Management and Budget (OMB) under the Paperwork Reduction Act of 1995 (PRA) (44 U.S.C. 3501–3521). The collections of information in 21 CFR part 314 relating to the submissions of NDAs and ANDAs, supplemental applications, and annual reports have been approved under OMB control number 0910–0001. The collections of information in 21 CFR part 201 for the format and content requirements for nonprescription drug product labeling have been approved under OMB control number 0910–0340. The collections of information in 21 CFR part 211 have been approved under OMB control number 0910–0139. III. Electronic Access Persons with access to the internet may obtain the draft guidance at https:// www.fda.gov/drugs/guidancecompliance-regulatory-information/ guidances-drugs, https://www.fda.gov/ regulatory-information/search-fdaguidance-documents, or https:// www.regulations.gov. Dated: March 8, 2024. Lauren K. Roth, Associate Commissioner for Policy. [FR Doc. 2024–05293 Filed 3–12–24; 8:45 am] BILLING CODE 4164–01–P DEPARTMENT OF HEALTH AND HUMAN SERVICES Food and Drug Administration lotter on DSK11XQN23PROD with NOTICES1 [Docket No. FDA–2023–P–2874] Determination That Romidepsin Injection, 10 Milligrams/2 Milliliters (5 Milligrams/Milliliter) and 27.5 Milligrams/5.5 Milliliters (5 Milligrams/ Milliliter), Were Not Withdrawn From Sale for Reasons of Safety or Effectiveness AGENCY: Food and Drug Administration, HHS. ACTION: Notice. The Food and Drug Administration (FDA or Agency) has SUMMARY: VerDate Sep<11>2014 17:33 Mar 12, 2024 Jkt 262001 determined that Romidepsin Injection, 10 milligrams (mg)/2 milliliters (mL) (5 mg/mL) and 27.5 mg/5.5 mL (5 mg/mL), were not withdrawn from sale for reasons of safety or effectiveness. This determination will allow FDA to approve abbreviated new drug applications (ANDAs) for romidepsin solution, 10 mg/2 mL (5 mg/mL) and 27.5 mg/5.5 mL (5 mg/mL), that refer to these drugs as long as they meet relevant legal and regulatory requirements. FOR FURTHER INFORMATION CONTACT: Veniqua Stewart, Center for Drug Evaluation and Research, Food and Drug Administration, 10903 New Hampshire Ave., Bldg. 51, Rm. 6219, Silver Spring, MD 20993–0002, 301– 796–3267, Veniqua.Stewart@ fda.hhs.gov. SUPPLEMENTARY INFORMATION: Section 505(j) of the Federal Food, Drug, and Cosmetic Act (FD&C Act) (21 U.S.C. 355(j)) allows the submission of an ANDA to market a generic version of a previously approved drug product. To obtain approval, the ANDA applicant must show, among other things, that the generic drug product: (1) has the same active ingredient(s), dosage form, route of administration, strength, conditions of use, and (with certain exceptions) labeling as the listed drug, which is a version of the drug that was previously approved, and (2) is bioequivalent to the listed drug. ANDA applicants do not have to repeat the extensive clinical testing otherwise necessary to gain approval of a new drug application (NDA). Section 505(j)(7) of the FD&C Act requires FDA to publish a list of all approved drugs. FDA publishes this list as part of the ‘‘Approved Drug Products With Therapeutic Equivalence Evaluations,’’ which is known generally as the ‘‘Orange Book.’’ Under FDA regulations, drugs are removed from the list if the Agency withdraws or suspends approval of the drug’s NDA or ANDA for reasons of safety or effectiveness or if FDA determines that the listed drug was withdrawn from sale for reasons of safety or effectiveness (21 CFR 314.162). A person may petition the Agency to determine, or the Agency may determine on its own initiative, whether a listed drug was withdrawn from sale for reasons of safety or effectiveness. This determination may be made at any time after the drug has been withdrawn from sale, but must be made prior to approving an ANDA that refers to the listed drug (§ 314.161 (21 CFR 314.161)). FDA may not approve an ANDA that does not refer to a listed drug. PO 00000 Frm 00050 Fmt 4703 Sfmt 4703 Romidepsin Injection, 10 mg/2 mL (5 mg/mL) and 27.5 mg/5.5 mL (5 mg/mL), are the subject of NDA 208574, held by Teva Pharmaceuticals USA, Inc. (Teva), and initially approved on March 13, 2020. Romidepsin Injection is currently indicated only for the treatment of cutaneous T-cell lymphoma (CTCL) in adult patients who have received at least one prior systemic therapy. Romidepsin Injection, 10 mg/2 mL (5 mg/mL) and 27.5 mg/5.5 mL (5 mg/mL), are currently listed in the ‘‘Discontinued Drug Product List’’ section of the Orange Book. E. Rust Consulting, LLC submitted a citizen petition dated July 11, 2023 (Docket No. FDA–2023–P–2874), under 21 CFR 10.30, requesting that the Agency determine whether Romidepsin Injection, 10 mg/2 mL (5 mg/mL) and 27.5 mg/5.5 mL (5 mg/mL), were withdrawn from sale for reasons of safety or effectiveness. After considering the citizen petition and reviewing Agency records and based on the information we have at this time, FDA has determined under § 314.161 that Romidepsin Injection, 10 mg/2 mL (5 mg/mL) and 27.5 mg/5.5 mL (5 mg/mL), were not withdrawn for reasons of safety or effectiveness. The petitioner has identified no data or other information suggesting that Romidepsin Injection, 10 mg/2 mL (5 mg/mL) and 27.5 mg/5.5 mL (5 mg/mL), were withdrawn for reasons of safety or effectiveness. We have carefully reviewed our files for records concerning the withdrawal of Romidepsin Injection, 10 mg/2 mL (5 mg/mL) and 27.5 mg/5.5 mL (5 mg/mL), from sale. We have also independently evaluated relevant literature and data for possible postmarketing adverse events. We note that Romidepsin Injection, 10 mg/2 mL (5 mg/mL) and 27.5 mg/5.5 mL (5 mg/mL), previously were approved with an indication for treatment of peripheral T-cell lymphoma (PTCL) in adult patients who have received at least one prior therapy, under the Agency’s accelerated approval regulations, 21 CFR part 314, subpart H. The accelerated approval of Teva’s Romidepsin Injection for PTCL included a required postmarketing clinical trial intended to verify the clinical benefit of romidepsin (the Ro-CHOP study) for PTCL. Teva’s Romidepsin Injection product was approved under the 505(b)(2) approval pathway, and the listed drug relied upon is Celgene Corp.’s (Celgene) NDA 022393, ISTODAX (romidepsin) for injection, 10 mg/vial. Celgene was acquired by Bristol-Meyers Squib Co. which is E:\FR\FM\13MRN1.SGM 13MRN1 lotter on DSK11XQN23PROD with NOTICES1 Federal Register / Vol. 89, No. 50 / Wednesday, March 13, 2024 / Notices currently listed as the NDA holder in the Orange Book. On August 6, 2020, Celgene submitted high level results from the Ro-CHOP study to FDA, which indicated the study failed to meet its primary endpoint of progression-free survival. On May 14, 2021, Celgene informed FDA that after careful consideration, Celgene decided to voluntarily withdraw the PTCL indication from ISTODAX (romidepsin) for injection, 10 mg/vial. On June 17, 2021, Celgene submitted a supplemental NDA proposing to remove the PTCL indication. On July 14, 2021, Celgene submitted a letter asking FDA to withdraw approval of the PTCL indication pursuant to § 314.150(d) (21 CFR 314.150(d)) and waiving its opportunity for a hearing. On August 27, 2021, Teva submitted a labeling supplement proposing to remove the PTCL indication. On September 12, 2021, the Agency requested Teva voluntarily request withdrawal of the PTCL indication pursuant to § 314.150(d) and waive its opportunity for a hearing. On September 14, 2021, Teva amended its supplement by submitting a cover letter requesting withdrawal of approval of the PTCL indication pursuant to § 314.150(d) and waiving its opportunity for a hearing. On December 8, 2021, FDA approved the supplemental NDA to revise the labeling to remove the PTCL indication. In the Federal Register of May 9, 2022 (87 FR 27644), FDA announced that it was withdrawing approval of the PTCL indications for ISTODAX (romidepsin) for injection, 10 mg/vial, and Romidepsin Injection. Therefore, Romidepsin Injection is only indicated for the treatment of CTCL in adult patients who have received at least one prior systemic therapy. The Agency will continue to list Teva’s Romidepsin Injection, 10 mg/2 mL (5 mg/mL) and 27.5 mg/5.5 mL (5 mg/mL), in the ‘‘Discontinued Drug Product List’’ section of the Orange Book. The ‘‘Discontinued Drug Product List’’ delineates, among other items, drug products that have been discontinued from marketing for reasons other than safety or effectiveness. FDA will accept and, where appropriate, approve ANDAs that refer to these drug products, but does not intend to do so if they propose to include the PTCL indication (see, e.g., section 505(j)(2)(A)(v) and (j)(4)(G) of the FD&C Act and 21 CFR 314.94(a)(8)(iv) and 314.127(a)(7)). If FDA determines that labeling for these drug products should be revised to meet current standards, the Agency will advise ANDA applicants to submit such labeling. VerDate Sep<11>2014 17:33 Mar 12, 2024 Jkt 262001 Dated: March 8, 2024. Lauren K. Roth, Associate Commissioner for Policy. [FR Doc. 2024–05298 Filed 3–12–24; 8:45 am] BILLING CODE 4164–01–P DEPARTMENT OF HEALTH AND HUMAN SERVICES Food and Drug Administration [Docket No. FDA–2021–D–1158] Select Updates for the Premarket Cybersecurity Guidance: Section 524B of the Federal Food, Drug, and Cosmetic Act; Draft Guidance for Industry and Food and Drug Administration Staff; Availability AGENCY: Food and Drug Administration, HHS. ACTION: Notice of availability. The Food and Drug Administration (FDA or Agency) is announcing the availability of the draft guidance entitled ‘‘Select Updates for the Premarket Cybersecurity Guidance: Section 524B of the FD&C Act.’’ This draft guidance proposes select updates to the final guidance ‘‘Cybersecurity in Medical Devices: Quality System Considerations and Content of Premarket Submissions.’’ This draft guidance, when finalized, will identify the information FDA generally considers to be necessary for cyber devices to support obligations under the new amendments to the Federal Food, Drug, and Cosmetic Act (FD&C Act) for ensuring cybersecurity of devices. This draft guidance is not final nor is it for implementation at this time. DATES: Submit either electronic or written comments on the draft guidance by May 13, 2024 to ensure that the Agency considers your comment on this draft guidance before it begins work on the final version of the guidance. ADDRESSES: You may submit comments on any guidance at any time as follows: SUMMARY: 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 PO 00000 Frm 00051 Fmt 4703 Sfmt 4703 18421 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): Dockets Management Staff (HFA–305), Food and Drug Administration, 5630 Fishers Lane, Rm. 1061, Rockville, MD 20852. • For written/paper comments submitted to the Dockets Management Staff, 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– 2021–D–1158 for ‘‘Select Updates for the Premarket Cybersecurity Guidance: Section 524B of the FD&C Act.’’ 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 Dockets Management Staff between 9 a.m. and 4 p.m., Monday through Friday, 240–402–7500. • 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 Dockets Management Staff. 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 E:\FR\FM\13MRN1.SGM 13MRN1

Agencies

[Federal Register Volume 89, Number 50 (Wednesday, March 13, 2024)]
[Notices]
[Pages 18420-18421]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-05298]


-----------------------------------------------------------------------

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2023-P-2874]


Determination That Romidepsin Injection, 10 Milligrams/2 
Milliliters (5 Milligrams/Milliliter) and 27.5 Milligrams/5.5 
Milliliters (5 Milligrams/Milliliter), Were Not Withdrawn From Sale for 
Reasons of Safety or Effectiveness

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: The Food and Drug Administration (FDA or Agency) has 
determined that Romidepsin Injection, 10 milligrams (mg)/2 milliliters 
(mL) (5 mg/mL) and 27.5 mg/5.5 mL (5 mg/mL), were not withdrawn from 
sale for reasons of safety or effectiveness. This determination will 
allow FDA to approve abbreviated new drug applications (ANDAs) for 
romidepsin solution, 10 mg/2 mL (5 mg/mL) and 27.5 mg/5.5 mL (5 mg/mL), 
that refer to these drugs as long as they meet relevant legal and 
regulatory requirements.

FOR FURTHER INFORMATION CONTACT: Veniqua Stewart, Center for Drug 
Evaluation and Research, Food and Drug Administration, 10903 New 
Hampshire Ave., Bldg. 51, Rm. 6219, Silver Spring, MD 20993-0002, 301-
796-3267, [email protected].

SUPPLEMENTARY INFORMATION: Section 505(j) of the Federal Food, Drug, 
and Cosmetic Act (FD&C Act) (21 U.S.C. 355(j)) allows the submission of 
an ANDA to market a generic version of a previously approved drug 
product. To obtain approval, the ANDA applicant must show, among other 
things, that the generic drug product: (1) has the same active 
ingredient(s), dosage form, route of administration, strength, 
conditions of use, and (with certain exceptions) labeling as the listed 
drug, which is a version of the drug that was previously approved, and 
(2) is bioequivalent to the listed drug. ANDA applicants do not have to 
repeat the extensive clinical testing otherwise necessary to gain 
approval of a new drug application (NDA).
    Section 505(j)(7) of the FD&C Act requires FDA to publish a list of 
all approved drugs. FDA publishes this list as part of the ``Approved 
Drug Products With Therapeutic Equivalence Evaluations,'' which is 
known generally as the ``Orange Book.'' Under FDA regulations, drugs 
are removed from the list if the Agency withdraws or suspends approval 
of the drug's NDA or ANDA for reasons of safety or effectiveness or if 
FDA determines that the listed drug was withdrawn from sale for reasons 
of safety or effectiveness (21 CFR 314.162).
    A person may petition the Agency to determine, or the Agency may 
determine on its own initiative, whether a listed drug was withdrawn 
from sale for reasons of safety or effectiveness. This determination 
may be made at any time after the drug has been withdrawn from sale, 
but must be made prior to approving an ANDA that refers to the listed 
drug (Sec.  314.161 (21 CFR 314.161)). FDA may not approve an ANDA that 
does not refer to a listed drug.
    Romidepsin Injection, 10 mg/2 mL (5 mg/mL) and 27.5 mg/5.5 mL (5 
mg/mL), are the subject of NDA 208574, held by Teva Pharmaceuticals 
USA, Inc. (Teva), and initially approved on March 13, 2020. Romidepsin 
Injection is currently indicated only for the treatment of cutaneous T-
cell lymphoma (CTCL) in adult patients who have received at least one 
prior systemic therapy.
    Romidepsin Injection, 10 mg/2 mL (5 mg/mL) and 27.5 mg/5.5 mL (5 
mg/mL), are currently listed in the ``Discontinued Drug Product List'' 
section of the Orange Book.
    E. Rust Consulting, LLC submitted a citizen petition dated July 11, 
2023 (Docket No. FDA-2023-P-2874), under 21 CFR 10.30, requesting that 
the Agency determine whether Romidepsin Injection, 10 mg/2 mL (5 mg/mL) 
and 27.5 mg/5.5 mL (5 mg/mL), were withdrawn from sale for reasons of 
safety or effectiveness.
    After considering the citizen petition and reviewing Agency records 
and based on the information we have at this time, FDA has determined 
under Sec.  314.161 that Romidepsin Injection, 10 mg/2 mL (5 mg/mL) and 
27.5 mg/5.5 mL (5 mg/mL), were not withdrawn for reasons of safety or 
effectiveness. The petitioner has identified no data or other 
information suggesting that Romidepsin Injection, 10 mg/2 mL (5 mg/mL) 
and 27.5 mg/5.5 mL (5 mg/mL), were withdrawn for reasons of safety or 
effectiveness. We have carefully reviewed our files for records 
concerning the withdrawal of Romidepsin Injection, 10 mg/2 mL (5 mg/mL) 
and 27.5 mg/5.5 mL (5 mg/mL), from sale. We have also independently 
evaluated relevant literature and data for possible postmarketing 
adverse events.
    We note that Romidepsin Injection, 10 mg/2 mL (5 mg/mL) and 27.5 
mg/5.5 mL (5 mg/mL), previously were approved with an indication for 
treatment of peripheral T-cell lymphoma (PTCL) in adult patients who 
have received at least one prior therapy, under the Agency's 
accelerated approval regulations, 21 CFR part 314, subpart H. The 
accelerated approval of Teva's Romidepsin Injection for PTCL included a 
required postmarketing clinical trial intended to verify the clinical 
benefit of romidepsin (the Ro-CHOP study) for PTCL. Teva's Romidepsin 
Injection product was approved under the 505(b)(2) approval pathway, 
and the listed drug relied upon is Celgene Corp.'s (Celgene) NDA 
022393, ISTODAX (romidepsin) for injection, 10 mg/vial. Celgene was 
acquired by Bristol-Meyers Squib Co. which is

[[Page 18421]]

currently listed as the NDA holder in the Orange Book.
    On August 6, 2020, Celgene submitted high level results from the 
Ro-CHOP study to FDA, which indicated the study failed to meet its 
primary endpoint of progression-free survival. On May 14, 2021, Celgene 
informed FDA that after careful consideration, Celgene decided to 
voluntarily withdraw the PTCL indication from ISTODAX (romidepsin) for 
injection, 10 mg/vial. On June 17, 2021, Celgene submitted a 
supplemental NDA proposing to remove the PTCL indication. On July 14, 
2021, Celgene submitted a letter asking FDA to withdraw approval of the 
PTCL indication pursuant to Sec.  314.150(d) (21 CFR 314.150(d)) and 
waiving its opportunity for a hearing.
    On August 27, 2021, Teva submitted a labeling supplement proposing 
to remove the PTCL indication. On September 12, 2021, the Agency 
requested Teva voluntarily request withdrawal of the PTCL indication 
pursuant to Sec.  314.150(d) and waive its opportunity for a hearing. 
On September 14, 2021, Teva amended its supplement by submitting a 
cover letter requesting withdrawal of approval of the PTCL indication 
pursuant to Sec.  314.150(d) and waiving its opportunity for a hearing. 
On December 8, 2021, FDA approved the supplemental NDA to revise the 
labeling to remove the PTCL indication. In the Federal Register of May 
9, 2022 (87 FR 27644), FDA announced that it was withdrawing approval 
of the PTCL indications for ISTODAX (romidepsin) for injection, 10 mg/
vial, and Romidepsin Injection. Therefore, Romidepsin Injection is only 
indicated for the treatment of CTCL in adult patients who have received 
at least one prior systemic therapy.
    The Agency will continue to list Teva's Romidepsin Injection, 10 
mg/2 mL (5 mg/mL) and 27.5 mg/5.5 mL (5 mg/mL), in the ``Discontinued 
Drug Product List'' section of the Orange Book. The ``Discontinued Drug 
Product List'' delineates, among other items, drug products that have 
been discontinued from marketing for reasons other than safety or 
effectiveness. FDA will accept and, where appropriate, approve ANDAs 
that refer to these drug products, but does not intend to do so if they 
propose to include the PTCL indication (see, e.g., section 
505(j)(2)(A)(v) and (j)(4)(G) of the FD&C Act and 21 CFR 
314.94(a)(8)(iv) and 314.127(a)(7)). If FDA determines that labeling 
for these drug products should be revised to meet current standards, 
the Agency will advise ANDA applicants to submit such labeling.

    Dated: March 8, 2024.
Lauren K. Roth,
Associate Commissioner for Policy.
[FR Doc. 2024-05298 Filed 3-12-24; 8:45 am]
BILLING CODE 4164-01-P


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