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Notice

Determination That Sodium Tetradecyl Sulfate Injection Was Not Withdrawn From Sale for Reasons of Safety or Effectiveness

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Information about this document as published in the Federal Register.

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AGENCY:

Food and Drug Administration, HHS.

ACTION:

Notice.

SUMMARY:

The Food and Drug Administration (FDA) has determined that sodium tetradecyl sulfate injection (Sotradecol) was not withdrawn from sale for reasons of safety or effectiveness. This determination will allow FDA to approve abbreviated new Start Printed Page 67859drug applications (ANDAs) for sodium tetradecyl sulfate injection.

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FOR FURTHER INFORMATION CONTACT:

J. Kenneth Borgerding, Center for Drug Evaluation and Research (HFD-7), Food and Drug Administration, 5600 Fishers Lane, Rockville, MD 20857, 301-594-2041.

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SUPPLEMENTARY INFORMATION:

In 1984, Congress enacted the Drug Price Competition and Patent Term Restoration Act of 1984 (Public Law 98-417) (the 1984 amendments), which authorized the approval of duplicate versions of drug products approved under an ANDA procedure. ANDA sponsors must, with certain exceptions, show that the drug for which they are seeking approval contains the same active ingredient in the same strength and dosage form as the “listed drug,” which is a version of the drug that was previously approved under a new drug application (NDA). Sponsors of ANDAs do not have to repeat the extensive clinical testing otherwise necessary to gain approval of an NDA. The only clinical data required in an ANDA are data to show that the drug that is the subject of the ANDA is bioequivalent to the listed drug.

The 1984 amendments include what is now section 505(j)(7) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355(j)(7)), which 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 generally known as the “Orange Book.” Under FDA regulations, drugs are withdrawn from the list if the agency withdraws or suspends approval of the drug's NDA or ANDA for reasons of safety or effectiveness or if FDA determines that the listed drug was withdrawn from sale for reasons of safety or effectiveness (21 CFR 314.162). Regulations also provide that the agency must make a determination as to whether a listed drug was withdrawn from sale for reasons of safety or effectiveness, before an ANDA that refers to that listed drug may be approved (21 CFR 314.161(a)(1)). FDA may not approve an ANDA that does not refer to a listed drug.

Sodium tetradecyl sulfate injection is the subject of NDA 5-970. On August 13, 1946, Elkins Sinn received approval to market sodium tetradecyl sulfate injection. During 2000, Elkins Sinn discontinued manufacture of this product.

On August 13, 2001, Bennett and Company submitted a citizen petition (Docket No. 01P-0350/CP1) under § 10.30 (21 CFR 10.30) to FDA requesting that the agency determine whether sodium tetradecyl sulfate injection was withdrawn from sale for reasons of safety or effectiveness. In addition, on December 6, 2001, Omega Laboratories, Ltd., submitted a citizen petition (Docket No. 01P-0350/CP2) under § 10.30 to FDA making the same request. FDA has reviewed its records and has found no information to indicate that sodium tetradecyl sulfate injection was withdrawn from the market for safety or efficacy reasons. Therefore, FDA concludes that the decision to not manufacture and market the product was not due to safety or efficacy concerns. Accordingly, the agency will maintain sodium tetradecyl sulfate injection 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. ANDAs that refer to sodium tetradecyl sulfate injection may be approved by the agency.

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Dated: October 28, 2002.

Margaret M. Dotzel,

Associate Commissioner for Policy.

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[FR Doc. 02-28400 Filed 11-6-02; 8:45 am]

BILLING CODE 4160-01-S