81_FR_3448 81 FR 3435 - Determination That MEVACOR (Lovastatin) Tablets, 20 Milligrams and 40 Milligrams, Were Not Withdrawn From Sale for Reasons of Safety or Effectiveness

81 FR 3435 - Determination That MEVACOR (Lovastatin) Tablets, 20 Milligrams and 40 Milligrams, Were Not Withdrawn From Sale for Reasons of Safety or Effectiveness

DEPARTMENT OF HEALTH AND HUMAN SERVICES
Food and Drug Administration

Federal Register Volume 81, Issue 13 (January 21, 2016)

Page Range3435-3436
FR Document2016-01096

The Food and Drug Administration (FDA or Agency) has determined that MEVACOR (lovastatin) tablets, 20 milligrams (mg) and 40 mg, were not withdrawn from sale for reasons of safety or effectiveness. This determination means that FDA will not begin procedures to withdraw approval of abbreviated new drug applications (ANDAs) that refer to these drug products, and it will allow FDA to continue to approve ANDAs that refer to the products as long as they meet relevant legal and regulatory requirements.

Federal Register, Volume 81 Issue 13 (Thursday, January 21, 2016)
[Federal Register Volume 81, Number 13 (Thursday, January 21, 2016)]
[Notices]
[Pages 3435-3436]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-01096]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2015-P-3319]


Determination That MEVACOR (Lovastatin) Tablets, 20 Milligrams 
and 40 Milligrams, Were Not Withdrawn From Sale for Reasons of Safety 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 MEVACOR (lovastatin) tablets, 20 milligrams (mg) and 40 
mg, were not withdrawn from sale for reasons of safety or 
effectiveness. This determination means that FDA will not begin 
procedures to withdraw approval of abbreviated new drug applications 
(ANDAs) that refer to these drug products, and it will allow FDA to 
continue to approve ANDAs that refer to the products as long as they 
meet relevant legal and regulatory requirements.

FOR FURTHER INFORMATION CONTACT: Kate Greenwood, Center for Drug 
Evaluation and Research, Food and Drug Administration, 10903 New 
Hampshire

[[Page 3436]]

Ave., Bldg. 51, Rm. 6286, Silver Spring, MD 20993-0002, 240-402-1748.

SUPPLEMENTARY INFORMATION: In 1984, Congress enacted the Drug Price 
Competition and Patent Term Restoration Act of 1984 (Pub. L. 98-417) 
(the 1984 amendments), which authorized the approval of duplicate 
versions of drug products under an ANDA procedure. ANDA applicants 
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. ANDA applicants do not have to 
repeat the extensive clinical testing otherwise necessary to gain 
approval of a new drug application (NDA).
    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 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.
    MEVACOR (lovastatin) tablets, 20 mg and 40 mg, are the subject of 
NDA 19-643, held by Merck & Co. Inc., and initially approved on August 
31, 1987. MEVACOR is indicated: (1) To reduce the risk of myocardial 
infarction, unstable angina, and coronary revascularization procedures 
in individuals without symptomatic cardiovascular disease, average to 
moderately elevated total cholesterol (total-C) and low-density 
lipoprotein cholesterol (LDL-C), and below average high-density 
lipoprotein cholesterol; (2) to slow the progression of coronary 
atherosclerosis in patients with coronary heart disease as part of a 
treatment strategy to lower total-C and LDL-C to target levels; and (3) 
as an adjunct to diet for the reduction of elevated total-C and LDL-C 
levels in patients with primary hypercholesterolemia (Types IIa and 
IIb), when the response to diet restricted in saturated fat and 
cholesterol and to other nonpharmacological measures alone has been 
inadequate. MEVACOR is also indicated as an adjunct to diet to reduce 
total-C, LDL-C, and apolipoprotein B levels in adolescent boys and 
girls who are at least 1 year post-menarche, 10-17 years of age, with 
heterozygous familial hypercholesterolemia if, after an adequate trial 
of diet therapy, the following findings are present: (1) LDL-C remains 
>189 mg/deciliter (dL) or (2) LDL-C remains >160 mg/dL and there is a 
positive family history of premature cardiovascular disease (CVD) or 
two or more other CVD risk factors are present in the adolescent 
patient.
    MEVACOR (lovastatin) tablets, 20 mg and 40 mg, are currently listed 
in the ``Discontinued Drug Product List'' section of the Orange Book.
    Winifred M. Begley submitted a citizen petition dated September 10, 
2015 (Docket No. FDA-2015-P-3319), under 21 CFR 10.30, requesting that 
the Agency determine whether MEVACOR (lovastatin) tablets, 20 mg and 40 
mg, 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 MEVACOR (lovastatin) tablets, 20 mg and 40 mg, 
were not withdrawn for reasons of safety or effectiveness. The 
petitioner has identified no data or other information suggesting that 
MEVACOR (lovastatin) tablets, 20 mg and 40 mg, were withdrawn for 
reasons of safety or effectiveness. We have carefully reviewed our 
files for records concerning the withdrawal of MEVACOR (lovastatin) 
tablets, 20 mg and 40 mg, from sale. We have also independently 
evaluated relevant literature and data for possible postmarketing 
adverse events. We have found no information that would indicate that 
this product was withdrawn from sale for reasons of safety or 
effectiveness.
    Accordingly, the Agency will continue to list MEVACOR (lovastatin) 
tablets, 20 mg and 40 mg, 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 not begin procedures to withdraw approval of 
approved ANDAs that refer to MEVACOR (lovastatin) tablets, 20 mg and 40 
mg. Additional ANDAs that refer to these products may also be approved 
by the Agency as long as they meet all other legal and regulatory 
requirements for the approval of ANDAs. 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: January 14, 2016.
Leslie Kux,
Associate Commissioner for Policy.
[FR Doc. 2016-01096 Filed 1-20-16; 8:45 am]
 BILLING CODE 4164-01-P



                                                                                         Federal Register / Vol. 81, No. 13 / Thursday, January 21, 2016 / Notices                                                                                               3435

                                                                                                     TABLE 1—ESTIMATED ANNUAL REPORTING BURDEN 1—Continued
                                                                                                                                                                          Number of                                                 Average
                                                                                                                            FDA                Number of                                            Total annual
                                                          21 CFR Section or other category                                                                              responses per                                             burden per               Total hours
                                                                                                                          Form No.            respondents                                            responses
                                                                                                                                                                          respondent                                               response

                                                    Pre-notification Consultation or Master File                          FDA 3480                             190                            1                     190                            0.5               95
                                                      (concerning a food contact substance).8
                                                    Amendment to an existing notification                                 FDA                                 100                             1                      100                           0.5               50
                                                      (170.101), amendment to a Pre-notifica-                               3480A.
                                                      tion Consultation, or amendment to a
                                                      Master File (concerning a food contact
                                                      substance).9
                                                    171.1 Indirect Food Additive Petitions ........                       N/A .........                          1                           1                         1                  10,995                 10,995
                                                    Use of Recycled Plastics in Food Packaging:                           N/A .........                         10                           1                        10                      25                    250
                                                      Chemistry Considerations.

                                                         Total ........................................................   ................   ........................   ........................   ........................   ..........................         31,320
                                                       1 There   are no capital costs or operating and maintenance costs associated with this collection of information.
                                                       2 Notifications  for food contact substance formulations and food contact articles. These notifications require the submission of Form FDA 3479
                                                    (‘‘Notification for a Food Contact Substance Formulation’’) only.
                                                       3 Duplicate notifications for uses of food contact substances.
                                                       4 Notifications for uses that are the subject of exemptions under 21 CFR 170.39 and very simple food additive petitions.
                                                       5 Notifications for uses that are the subject of moderately complex food additive petitions.
                                                       6 Notifications for uses that are the subject of very complex food additive petitions.
                                                       7 These notifications require the submission of Form FDA 3480.
                                                       8 These notifications recommend the submission of Form FDA 3480.
                                                       9 These notifications recommend the submission of Form FDA 3480A.




                                                       The estimates in table 1 are based on                                reporting burden of 150 hours per                                              Dated: January 14, 2016.
                                                    our current experience with the food                                    response, for a total burden of 5,700                                        Leslie Kux,
                                                    contact substance notification program                                  hours.                                                                       Associate Commissioner for Policy.
                                                    and informal communication with                                            In row 6 we estimate 190 respondents                                      [FR Doc. 2016–01102 Filed 1–20–16; 8:45 am]
                                                    industry.
                                                       Beginning in row 1 we estimate 10                                    will submit information to a pre-                                            BILLING CODE 4164–01–P

                                                    respondents will submit two                                             notification consultation or a master file
                                                    notifications annually for food contact                                 in support of FCN submission using
                                                                                                                                                                                                         DEPARTMENT OF HEALTH AND
                                                    substance formulations (Form FDA                                        Form FDA 3480. We calculate a
                                                                                                                                                                                                         HUMAN SERVICES
                                                    3479), for a total of 20 responses. We                                  reporting burden of 0.5 hours per
                                                    calculate a reporting burden of 2 hours                                 response, for a total burden of 95 hours.                                    Food and Drug Administration
                                                    per response, for a total of 40 hours. In                               In row 7 we estimate 100 respondents
                                                                                                                                                                                                         [Docket No. FDA–2015–P–3319]
                                                    row 2 we estimate six respondents. We                                   will submit an amendment (Form FDA
                                                    believe the hourly burden for preparing                                 3480A) to a substantive or non-                                              Determination That MEVACOR
                                                    these notifications will primarily consist                              substantive request of additional                                            (Lovastatin) Tablets, 20 Milligrams and
                                                    of the manufacturer or supplier                                         information to an incomplete FCN                                             40 Milligrams, Were Not Withdrawn
                                                    completing Form FDA 3480, verifying                                     submission, an amendment to a pre-                                           From Sale for Reasons of Safety or
                                                    that a previous notification is effective                               notification consultation, or an                                             Effectiveness
                                                    and preparing necessary documentation.                                  amendment to a master file in support
                                                    We estimate one submission for each                                                                                                                  AGENCY:         Food and Drug Administration,
                                                                                                                            of an FCN. We calculate a reporting
                                                    respondent, for a total of six responses.                                                                                                            HHS.
                                                                                                                            burden of 0.5 hours per response, for a
                                                    We calculate a reporting burden of 25                                   total burden of 50 hours.                                                    ACTION:        Notice.
                                                    hours per response, for a total of 150
                                                    hours.                                                                     In row 8 we estimate one respondent                                       SUMMARY:   The Food and Drug
                                                       In rows 3, 4, and 5 we identify three                                will submit one indirect food additive                                       Administration (FDA or Agency) has
                                                    tiers of FCNs that reflect different levels                             petition under § 171.1, for a total of one                                   determined that MEVACOR (lovastatin)
                                                    of burden applicable to the respective                                  response. We calculate a reporting                                           tablets, 20 milligrams (mg) and 40 mg,
                                                    information collection items (denoted as                                burden of 10,995 hours per response, for                                     were not withdrawn from sale for
                                                    Categories C, D, and E). We estimate 6                                  a total burden of 10,995 hours.                                              reasons of safety or effectiveness. This
                                                    respondents will submit 2 Category C                                                                                                                 determination means that FDA will not
                                                                                                                               Finally, in row 9 we estimate ten                                         begin procedures to withdraw approval
                                                    submissions annually, for a total of 12                                 respondents will utilize the
                                                    responses. We calculate a reporting                                                                                                                  of abbreviated new drug applications
                                                                                                                            recommendations in the guidance                                              (ANDAs) that refer to these drug
                                                    burden of 120 hours per response, for a                                 document entitled, ‘‘Use of Recycled
                                                    total burden of 1,440 hours. We estimate                                                                                                             products, and it will allow FDA to
asabaliauskas on DSK9F6TC42PROD with NOTICES




                                                                                                                            Plastics in Food Packaging: Chemistry                                        continue to approve ANDAs that refer to
                                                    42 respondents will submit 2 Category
                                                                                                                            Considerations,’’ to develop the                                             the products as long as they meet
                                                    D submissions annually, for a total of 84
                                                    responses. We calculate a reporting                                     additional information for one such                                          relevant legal and regulatory
                                                    burden of 150 hours per response, for a                                 submission annually, for a total of 10                                       requirements.
                                                    total burden of 12,600 hours. We                                        responses. We calculate a reporting                                          FOR FURTHER INFORMATION CONTACT: Kate
                                                    estimate 38 respondents will submit                                     burden of 25 hours per response, for a                                       Greenwood, Center for Drug Evaluation
                                                    1Category E submission annually, for a                                  total burden of 250 hours.                                                   and Research, Food and Drug
                                                    total of 38 responses. We calculate a                                                                                                                Administration, 10903 New Hampshire


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                                                    3436                         Federal Register / Vol. 81, No. 13 / Thursday, January 21, 2016 / Notices

                                                    Ave., Bldg. 51, Rm. 6286, Silver Spring,                LDL–C to target levels; and (3) as an                  safety or effectiveness. FDA will not
                                                    MD 20993–0002, 240–402–1748.                            adjunct to diet for the reduction of                   begin procedures to withdraw approval
                                                    SUPPLEMENTARY INFORMATION: In 1984,                     elevated total-C and LDL–C levels in                   of approved ANDAs that refer to
                                                    Congress enacted the Drug Price                         patients with primary                                  MEVACOR (lovastatin) tablets, 20 mg
                                                    Competition and Patent Term                             hypercholesterolemia (Types IIa and                    and 40 mg. Additional ANDAs that refer
                                                    Restoration Act of 1984 (Pub. L. 98–417)                IIb), when the response to diet restricted             to these products may also be approved
                                                    (the 1984 amendments), which                            in saturated fat and cholesterol and to                by the Agency as long as they meet all
                                                    authorized the approval of duplicate                    other nonpharmacological measures                      other legal and regulatory requirements
                                                    versions of drug products under an                      alone has been inadequate. MEVACOR                     for the approval of ANDAs. If FDA
                                                    ANDA procedure. ANDA applicants                         is also indicated as an adjunct to diet to             determines that labeling for these drug
                                                    must, with certain exceptions, show that                reduce total-C, LDL–C, and                             products should be revised to meet
                                                    the drug for which they are seeking                     apolipoprotein B levels in adolescent                  current standards, the Agency will
                                                    approval contains the same active                       boys and girls who are at least 1 year                 advise ANDA applicants to submit such
                                                    ingredient in the same strength and                     post-menarche, 10–17 years of age, with                labeling.
                                                    dosage form as the ‘‘listed drug,’’ which               heterozygous familial                                    Dated: January 14, 2016.
                                                    is a version of the drug that was                       hypercholesterolemia if, after an
                                                                                                                                                                   Leslie Kux,
                                                    previously approved. ANDA applicants                    adequate trial of diet therapy, the
                                                                                                            following findings are present: (1) LDL–               Associate Commissioner for Policy.
                                                    do not have to repeat the extensive                                                                            [FR Doc. 2016–01096 Filed 1–20–16; 8:45 am]
                                                    clinical testing otherwise necessary to                 C remains >189 mg/deciliter (dL) or (2)
                                                    gain approval of a new drug application                 LDL–C remains >160 mg/dL and there is                  BILLING CODE 4164–01–P

                                                    (NDA).                                                  a positive family history of premature
                                                       The 1984 amendments include what                     cardiovascular disease (CVD) or two or
                                                                                                            more other CVD risk factors are present                DEPARTMENT OF HEALTH AND
                                                    is now section 505(j)(7) of the Federal                                                                        HUMAN SERVICES
                                                    Food, Drug, and Cosmetic Act (21 U.S.C.                 in the adolescent patient.
                                                                                                               MEVACOR (lovastatin) tablets, 20 mg
                                                    355(j)(7)), which requires FDA to                                                                              Food and Drug Administration
                                                                                                            and 40 mg, are currently listed in the
                                                    publish a list of all approved drugs.
                                                                                                            ‘‘Discontinued Drug Product List’’                     [Docket No. FDA–2008–D–0611]
                                                    FDA publishes this list as part of the
                                                                                                            section of the Orange Book.
                                                    ‘‘Approved Drug Products With                              Winifred M. Begley submitted a                      Submission and Review of Sterility
                                                    Therapeutic Equivalence Evaluations,’’                  citizen petition dated September 10,                   Information in Premarket Notification
                                                    which is known generally as the                         2015 (Docket No. FDA–2015–P–3319),                     (510(k)) Submissions for Devices
                                                    ‘‘Orange Book.’’ Under FDA regulations,                 under 21 CFR 10.30, requesting that the                Labeled as Sterile; Guidance for
                                                    drugs are removed from the list if the                  Agency determine whether MEVACOR                       Industry and Food and Drug
                                                    Agency withdraws or suspends                            (lovastatin) tablets, 20 mg and 40 mg,                 Administration Staff; Availability
                                                    approval of the drug’s NDA or ANDA                      were withdrawn from sale for reasons of
                                                    for reasons of safety or effectiveness or               safety or effectiveness.                               AGENCY:   Food and Drug Administration,
                                                    if FDA determines that the listed drug                     After considering the citizen petition              HHS.
                                                    was withdrawn from sale for reasons of                  and reviewing Agency records and                       ACTION:   Notice of availability.
                                                    safety or effectiveness (21 CFR 314.162).               based on the information we have at this
                                                       A person may petition the Agency to                                                                         SUMMARY:    The Food and Drug
                                                                                                            time, FDA has determined under
                                                    determine, or the Agency may                                                                                   Administration (FDA or Agency) is
                                                                                                            § 314.161 that MEVACOR (lovastatin)
                                                    determine on its own initiative, whether                                                                       announcing the availability of the
                                                                                                            tablets, 20 mg and 40 mg, were not
                                                    a listed drug was withdrawn from sale                                                                          guidance entitled ‘‘Submission and
                                                                                                            withdrawn for reasons of safety or
                                                    for reasons of safety or effectiveness.                                                                        Review of Sterility Information in
                                                                                                            effectiveness. The petitioner has
                                                    This determination may be made at any                                                                          Premarket Notification (510(k))
                                                                                                            identified no data or other information
                                                    time after the drug has been withdrawn                  suggesting that MEVACOR (lovastatin)                   Submissions for Devices Labeled as
                                                    from sale, but must be made prior to                    tablets, 20 mg and 40 mg, were                         Sterile.’’ This guidance updates and
                                                    approving an ANDA that refers to the                    withdrawn for reasons of safety or                     clarifies the information regarding
                                                    listed drug (§ 314.161 (21 CFR 314.161)).               effectiveness. We have carefully                       sterilization processes that FDA
                                                    FDA may not approve an ANDA that                        reviewed our files for records                         recommends sponsors include in
                                                    does not refer to a listed drug.                        concerning the withdrawal of                           510(k)s for devices labeled as sterile.
                                                       MEVACOR (lovastatin) tablets, 20 mg                  MEVACOR (lovastatin) tablets, 20 mg                    This guidance document also provides
                                                    and 40 mg, are the subject of NDA 19–                   and 40 mg, from sale. We have also                     details about the pyrogenicity
                                                    643, held by Merck & Co. Inc., and                      independently evaluated relevant                       information that FDA recommends
                                                    initially approved on August 31, 1987.                  literature and data for possible                       sponsors include in a 510(k)
                                                    MEVACOR is indicated: (1) To reduce                     postmarketing adverse events. We have                  submission.
                                                    the risk of myocardial infarction,                      found no information that would                        DATES: Submit either electronic or
                                                    unstable angina, and coronary                           indicate that this product was                         written comments on this guidance at
                                                    revascularization procedures in                         withdrawn from sale for reasons of                     any time. General comments on Agency
                                                    individuals without symptomatic                         safety or effectiveness.                               guidance documents are welcome at any
                                                    cardiovascular disease, average to                         Accordingly, the Agency will                        time. The recommendations in this
asabaliauskas on DSK9F6TC42PROD with NOTICES




                                                    moderately elevated total cholesterol                   continue to list MEVACOR (lovastatin)                  guidance will be implemented on March
                                                    (total-C) and low-density lipoprotein                   tablets, 20 mg and 40 mg, in the                       21, 2016.
                                                    cholesterol (LDL–C), and below average                  ‘‘Discontinued Drug Product List’’                     ADDRESSES: You may submit comments
                                                    high-density lipoprotein cholesterol; (2)               section of the Orange Book. The                        as follows:
                                                    to slow the progression of coronary                     ‘‘Discontinued Drug Product List’’
                                                    atherosclerosis in patients with                        delineates, among other items, drug                    Electronic Submissions
                                                    coronary heart disease as part of a                     products that have been discontinued                     Submit electronic comments in the
                                                    treatment strategy to lower total-C and                 from marketing for reasons other than                  following way:


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Document Created: 2018-02-02 12:33:48
Document Modified: 2018-02-02 12:33:48
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice.
ContactKate Greenwood, Center for Drug Evaluation and Research, Food and Drug Administration, 10903 New Hampshire Ave., Bldg. 51, Rm. 6286, Silver Spring, MD 20993-0002, 240-402-1748.
FR Citation81 FR 3435 

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