82_FR_12655 82 FR 12613 - Determination That FLONASE (Fluticasone Propionate) Nasal Spray, 0.05 Milligram, Was Not Withdrawn From Sale for Reasons of Safety or Effectiveness

82 FR 12613 - Determination That FLONASE (Fluticasone Propionate) Nasal Spray, 0.05 Milligram, Was Not Withdrawn From Sale for Reasons of Safety or Effectiveness

DEPARTMENT OF HEALTH AND HUMAN SERVICES
Food and Drug Administration

Federal Register Volume 82, Issue 42 (March 6, 2017)

Page Range12613-12614
FR Document2017-04231

The Food and Drug Administration (FDA or Agency) has determined that prescription FLONASE (fluticasone propionate) Nasal Spray, 0.05 milligram (mg), was not withdrawn from sale for reasons of safety or effectiveness.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 this drug product, and this determination will allow FDA to continue to approve ANDAs for fluticasone propionate nasal spray, 0.05 mg, if all other legal and regulatory requirements are met.

Federal Register, Volume 82 Issue 42 (Monday, March 6, 2017)
[Federal Register Volume 82, Number 42 (Monday, March 6, 2017)]
[Notices]
[Pages 12613-12614]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-04231]


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

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2016-P-1725]


Determination That FLONASE (Fluticasone Propionate) Nasal Spray, 
0.05 Milligram, Was Not Withdrawn From Sale for Reasons of Safety or 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 prescription FLONASE (fluticasone propionate) Nasal 
Spray, 0.05 milligram (mg), was not withdrawn from sale for reasons of 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 this drug product, and this 
determination will allow FDA to continue to approve ANDAs for 
fluticasone propionate nasal spray, 0.05 mg, if all other legal and 
regulatory requirements are met.

FOR FURTHER INFORMATION CONTACT: David Faranda, Center for Drug 
Evaluation and Research, Food and Drug Administration, 10903 New 
Hampshire Ave., Bldg. 51, Rm. 6208, Silver Spring, MD 20993-0002, 301-
796-8767.

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.
    Prescription FLONASE (fluticasone propionate) Nasal Spray, 0.05 mg, 
is the subject of NDA 020121, held by GlaxoSmithKline, and initially 
approved on October 19, 1994. FLONASE is indicated for the management 
of the nasal symptoms of perennial nonallergic rhinitis in adult and 
pediatric patients aged 4 years and older.
    In a letter dated May 25, 2016, GlaxoSmithKline notified FDA that 
prescription FLONASE (fluticasone propionate) Nasal Spray, 0.05 mg, was 
being discontinued, and FDA moved the drug product to the 
``Discontinued Drug Product List'' section of the Orange Book.
    Lachman Consultant Services, Inc., submitted a citizen petition 
dated June 20, 2016 (Docket No. FDA-2016-P-1725), under 21 CFR 10.30, 
requesting that the Agency determine whether prescription FLONASE 
(fluticasone propionate) Nasal Spray, 0.05 mg, was 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 prescription FLONASE (fluticasone propionate) 
Nasal Spray, 0.05 mg, was not withdrawn for reasons of safety or 
effectiveness. The petitioner has identified no data or other 
information suggesting that this drug product was withdrawn for reasons 
of safety or effectiveness. We have carefully reviewed our files for 
records concerning the withdrawal of prescription FLONASE (fluticasone 
propionate) Nasal Spray, 0.05 mg, from

[[Page 12614]]

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 drug product was withdrawn from sale for 
reasons of safety or effectiveness.
    Accordingly, the Agency will continue to list prescription FLONASE 
(fluticasone propionate) Nasal Spray, 0.05 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. ANDAs that refer to prescription FLONASE (fluticasone 
propionate) Nasal Spray, 0.05 mg, may 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 this drug 
product should be revised to meet current standards, the Agency will 
advise ANDA applicants to submit such labeling.

    Dated: February 28, 2017.
Leslie Kux,
Associate Commissioner for Policy.
[FR Doc. 2017-04231 Filed 3-3-17; 8:45 am]
 BILLING CODE 4164-01-P



                                                                                   Federal Register / Vol. 82, No. 42 / Monday, March 6, 2017 / Notices                                             12613

                                                       (b) How do you/your child weigh the                    Dated February 28, 2017.                            355(j)(7)), which requires FDA to
                                                    potential benefits of these treatments                  Leslie Kux,                                           publish a list of all approved drugs.
                                                    versus the common side effects of the                   Associate Commissioner for Policy.                    FDA publishes this list as part of the
                                                    treatments? (Common side effects could                  [FR Doc. 2017–04229 Filed 3–3–17; 8:45 am]            ‘‘Approved Drug Products With
                                                    include headache, nausea, fatigue,                      BILLING CODE 4164–01–P
                                                                                                                                                                  Therapeutic Equivalence Evaluations,’’
                                                    weight gain)                                                                                                  which is known generally as the
                                                       (c) How do you/your child weigh                                                                            ‘‘Orange Book.’’ Under FDA regulations,
                                                    potential benefits of these treatments                  DEPARTMENT OF HEALTH AND                              drugs are removed from the list if the
                                                    versus the less common but serious                      HUMAN SERVICES                                        Agency withdraws or suspends
                                                    risks associated with the treatments?                                                                         approval of the drug’s NDA or ANDA
                                                    (Examples of less common but serious                    Food and Drug Administration                          for reasons of safety or effectiveness, or
                                                    risks are infections, organ damage or                                                                         if FDA determines that the listed drug
                                                    failure, suicidal thoughts)                             [Docket No. FDA–2016–P–1725]
                                                                                                                                                                  was withdrawn from sale for reasons of
                                                    III. Meeting Attendance and                             Determination That FLONASE                            safety or effectiveness (21 CFR 314.162).
                                                                                                                                                                     A person may petition the Agency to
                                                    Participation                                           (Fluticasone Propionate) Nasal Spray,
                                                                                                                                                                  determine, or the Agency may
                                                       If you wish to attend this meeting,                  0.05 Milligram, Was Not Withdrawn
                                                                                                                                                                  determine on its own initiative, whether
                                                    visit https://autismpfdd.eventbrite.com.                From Sale for Reasons of Safety or
                                                                                                                                                                  a listed drug was withdrawn from sale
                                                    Persons interested in attending this                    Effectiveness
                                                                                                                                                                  for reasons of safety or effectiveness.
                                                    public meeting must register by April                   AGENCY:    Food and Drug Administration,              This determination may be made at any
                                                    24, 2017. If you are unable to attend the               HHS.                                                  time after the drug has been withdrawn
                                                    meeting in person, you can register to                                                                        from sale, but must be made prior to
                                                                                                            ACTION:   Notice.
                                                    view a live Webcast of the meeting. You                                                                       approving an ANDA that refers to the
                                                    will be asked to indicate in your                       SUMMARY:    The Food and Drug                         listed drug (§ 314.161 (21 CFR 314.161)).
                                                    registration if you plan to attend in                   Administration (FDA or Agency) has                    FDA may not approve an ANDA that
                                                    person or via the Webcast. Registration                 determined that prescription FLONASE                  does not refer to a listed drug.
                                                    is free and based on space availability,                (fluticasone propionate) Nasal Spray,                    Prescription FLONASE (fluticasone
                                                    with priority given to early registrants.               0.05 milligram (mg), was not withdrawn                propionate) Nasal Spray, 0.05 mg, is the
                                                    Early registration is recommended                       from sale for reasons of safety or                    subject of NDA 020121, held by
                                                    because seating is limited; therefore,                  effectiveness. This determination means               GlaxoSmithKline, and initially
                                                    FDA may limit the number of                             that FDA will not begin procedures to                 approved on October 19, 1994.
                                                    participants from each organization.                    withdraw approval of abbreviated new                  FLONASE is indicated for the
                                                    Registrants will receive confirmation                   drug applications (ANDAs) that refer to               management of the nasal symptoms of
                                                    once they have been accepted. Onsite                    this drug product, and this                           perennial nonallergic rhinitis in adult
                                                    registration on the day of the meeting                  determination will allow FDA to                       and pediatric patients aged 4 years and
                                                    will be based on space availability. If                 continue to approve ANDAs for                         older.
                                                    you need special accommodations                         fluticasone propionate nasal spray, 0.05                 In a letter dated May 25, 2016,
                                                    because of a disability, please contact                 mg, if all other legal and regulatory                 GlaxoSmithKline notified FDA that
                                                    Shanon Woodward (see FOR FURTHER                        requirements are met.                                 prescription FLONASE (fluticasone
                                                    INFORMATION CONTACT) at least 7 days                                                                          propionate) Nasal Spray, 0.05 mg, was
                                                    before the meeting.                                     FOR FURTHER INFORMATION CONTACT:
                                                                                                                                                                  being discontinued, and FDA moved the
                                                       Patients and patient representatives                 David Faranda, Center for Drug                        drug product to the ‘‘Discontinued Drug
                                                    who are interested in presenting                        Evaluation and Research, Food and                     Product List’’ section of the Orange
                                                    comments as part of the initial panel                   Drug Administration, 10903 New                        Book.
                                                    discussions will be asked to indicate in                Hampshire Ave., Bldg. 51, Rm. 6208,                      Lachman Consultant Services, Inc.,
                                                    their registration which topic(s) they                  Silver Spring, MD 20993–0002, 301–                    submitted a citizen petition dated June
                                                    wish to address. These patients and                     796–8767.                                             20, 2016 (Docket No. FDA–2016–P–
                                                    patient representatives also must send                  SUPPLEMENTARY INFORMATION: In 1984,                   1725), under 21 CFR 10.30, requesting
                                                    to PatientFocused@fda.hhs.gov a brief                   Congress enacted the Drug Price                       that the Agency determine whether
                                                    summary of responses to the topic                       Competition and Patent Term                           prescription FLONASE (fluticasone
                                                    questions by April 17, 2017. Panelists                  Restoration Act of 1984 (Pub. L. 98–417)              propionate) Nasal Spray, 0.05 mg, was
                                                    will be notified of their selection                     (the 1984 amendments), which                          withdrawn from sale for reasons of
                                                    approximately 7 days before the public                  authorized the approval of duplicate                  safety or effectiveness.
                                                    meeting. We will try to accommodate all                 versions of drug products under an                       After considering the citizen petition
                                                    patients and patient representatives who                ANDA procedure. ANDA applicants                       and reviewing Agency records and
                                                    wish to speak, either through the panel                 must, with certain exceptions, show that              based on the information we have at this
                                                    discussion or audience participation;                   the drug for which they are seeking                   time, FDA has determined under
                                                    however, the duration of comments may                   approval contains the same active                     § 314.161 that prescription FLONASE
                                                    be limited by time constraints.                         ingredient in the same strength and                   (fluticasone propionate) Nasal Spray,
                                                       Transcripts: Please be advised that as               dosage form as the ‘‘listed drug,’’ which             0.05 mg, was not withdrawn for reasons
                                                    soon as a transcript is available, it will              is a version of the drug that was                     of safety or effectiveness. The petitioner
asabaliauskas on DSK3SPTVN1PROD with NOTICES




                                                    be accessible at https://                               previously approved. ANDA applicants                  has identified no data or other
                                                    www.regulations.gov. It may be viewed                   do not have to repeat the extensive                   information suggesting that this drug
                                                    at the Division of Dockets Management                   clinical testing otherwise necessary to               product was withdrawn for reasons of
                                                    (see ADDRESSES). A link to the transcript               gain approval of a new drug application               safety or effectiveness. We have
                                                    will also be available on the Internet at               (NDA).                                                carefully reviewed our files for records
                                                    http://www.fda.gov/ForIndustry/                            The 1984 amendments include what                   concerning the withdrawal of
                                                    UserFees/PrescriptionDrugUserFee/                       is now section 505(j)(7) of the Federal               prescription FLONASE (fluticasone
                                                    ucm529043.htm.                                          Food, Drug, and Cosmetic Act (21 U.S.C.               propionate) Nasal Spray, 0.05 mg, from


                                               VerDate Sep<11>2014   19:24 Mar 03, 2017   Jkt 241001   PO 00000   Frm 00081   Fmt 4703   Sfmt 4703   E:\FR\FM\06MRN1.SGM   06MRN1


                                                    12614                          Federal Register / Vol. 82, No. 42 / Monday, March 6, 2017 / Notices

                                                    sale. We have also independently                        Administration, 10903 New Hampshire                   FOR FURTHER INFORMATION CONTACT:
                                                    evaluated relevant literature and data                  Ave., Silver Spring, MD 20993–0002,                   Designated Federal Officer, 2018
                                                    for possible postmarketing adverse                      301–796–4842, FAX: 301–796–9858,                      Physical Activity Guidelines Advisory
                                                    events. We have found no information                    email: larry.bauer@fda.hhs.gov.                       Committee, Richard D. Olson, M.D.,
                                                    that would indicate that this drug                      SUPPLEMENTARY INFORMATION: FDA is                     M.P.H. and/or Alternate Designated
                                                    product was withdrawn from sale for                     announcing the issuance of a priority                 Federal Officer, Katrina L. Piercy, Ph.D.,
                                                    reasons of safety or effectiveness.                     review voucher to the sponsor of a rare               R.D., Office of Disease Prevention and
                                                       Accordingly, the Agency will                         pediatric disease product application.                Health Promotion (ODPHP), Office of
                                                    continue to list prescription FLONASE                   Under section 529 of the FD&C Act (21                 the Assistant Secretary for Health
                                                    (fluticasone propionate) Nasal Spray,                   U.S.C. 360ff), which was added by                     (OASH), HHS; 1101 Wootton Parkway,
                                                    0.05 mg, in the ‘‘Discontinued Drug                     FDASIA, FDA will award priority                       Suite LL–100; Rockville, MD 20852;
                                                    Product List’’ section of the Orange                    review vouchers to sponsors of rare                   Telephone: (240) 453–8280. Additional
                                                    Book. The ‘‘Discontinued Drug Product                   pediatric disease product applications                information is available at
                                                    List’’ delineates, among other items,                   that meet certain criteria. FDA has                   www.health.gov/paguidelines.
                                                    drug products that have been                            determined that SPINRAZA                              SUPPLEMENTARY INFORMATION: The
                                                    discontinued from marketing for reasons                 (nusinersen), manufactured by Biogen                  inaugural Physical Activity Guidelines
                                                    other than safety or effectiveness.                     Inc., meets the criteria for a priority               for Americans (PAG), issued in 2008,
                                                    ANDAs that refer to prescription                        review voucher. SPINRAZA                              represents the first comprehensive
                                                    FLONASE (fluticasone propionate)                        (nusinersen) is indicated for the                     guidelines on physical activity issued
                                                    Nasal Spray, 0.05 mg, may be approved                   treatment of spinal muscular atrophy in               by the federal government. The PAG
                                                    by the Agency as long as they meet all                  pediatric and adult patients.                         serves as the benchmark and primary,
                                                    other legal and regulatory requirements                    For further information about the Rare             authoritative voice of the federal
                                                    for the approval of ANDAs. If FDA                       Pediatric Disease Priority Review                     government for providing science-based
                                                    determines that labeling for this drug                  Voucher Program and for a link to the                 guidance on physical activity, fitness,
                                                    product should be revised to meet                       full text of section 529 of the FD&C Act,             and health for Americans. Five years
                                                    current standards, the Agency will                      go to http://www.fda.gov/ForIndustry/                 after the first edition was released,
                                                    advise ANDA applicants to submit such                   DevelopingProductsforRareDiseases                     ODPHP, in collaboration with the
                                                    labeling.                                               Conditions/RarePediatricDiseasePriority               Centers for Disease Control and
                                                      Dated: February 28, 2017.                             VoucherProgram/default.htm. For                       Prevention (CDC), the National
                                                    Leslie Kux,                                             further information about SPINRAZA                    Institutes of Health (NIH), and the
                                                    Associate Commissioner for Policy.                      (nusinersen), go to the ‘‘Drugs@FDA’’                 President’s Council on Fitness, Sports,
                                                    [FR Doc. 2017–04231 Filed 3–3–17; 8:45 am]              Web site at http://www.accessdata.fda.                and Nutrition (PCFSN) led development
                                                                                                            gov/scripts/cder/daf/.                                of the PAG Midcourse Report: Strategies
                                                    BILLING CODE 4164–01–P
                                                                                                                                                                  to Increase Physical Activity Among
                                                                                                              Dated: February 28, 2017.
                                                                                                                                                                  Youth. The second edition of the PAG
                                                                                                            Leslie Kux,                                           will build upon the first edition and
                                                    DEPARTMENT OF HEALTH AND                                Associate Commissioner for Policy.
                                                    HUMAN SERVICES                                                                                                provide a foundation for federal
                                                                                                            [FR Doc. 2017–04228 Filed 3–3–17; 8:45 am]            recommendations and education for
                                                    Food and Drug Administration                            BILLING CODE 4164–01–P                                physical activity programs for
                                                                                                                                                                  Americans, including those at risk for
                                                    [Docket No. FDA–2017–N–0809]
                                                                                                                                                                  chronic disease.
                                                                                                            DEPARTMENT OF HEALTH AND                                 Appointed Committee Members: The
                                                    Issuance of Priority Review Voucher;                    HUMAN SERVICES
                                                    Rare Pediatric Disease Product                                                                                Secretary of HHS appointed 17
                                                                                                                                                                  individuals to serve as members of the
                                                    AGENCY:    Food and Drug Administration,                Meeting of the 2018 Physical Activity                 2018 PAGAC in June 2016. Information
                                                    HHS.                                                    Guidelines Advisory Committee                         on Committee membership is available
                                                    ACTION:   Notice.                                       AGENCY:  U.S. Department of Health and                at www.health.gov/paguidelines/second-
                                                                                                            Human Services, Office of the Secretary,              edition/committee/.
                                                    SUMMARY:   The Food and Drug                            Office of the Assistant Secretary for                    Committee’s Task: The work of the
                                                    Administration (FDA) is announcing the                  Health, Office of Disease Prevention and              2018 PAGAC will be time-limited and
                                                    issuance of a priority review voucher to                Health Promotion.                                     solely advisory in nature. The
                                                    the sponsor of a rare pediatric disease                                                                       Committee will develop
                                                    product application. The Federal Food,                  ACTION: Notice.
                                                                                                                                                                  recommendations based on the
                                                    Drug, and Cosmetic Act (FD&C Act), as                                                                         preponderance of current scientific and
                                                    amended by the Food and Drug                            SUMMARY:   As stipulated by the Federal
                                                                                                            Advisory Committee Act (FACA), the                    medical knowledge using a systematic
                                                    Administration Safety and Innovation                                                                          review approach. The Committee will
                                                    Act (FDASIA), authorizes FDA to award                   U.S. Department of Health and Human
                                                                                                            Services (HHS) is hereby giving notice                examine the current PAG, take into
                                                    priority review vouchers to sponsors of                                                                       consideration new scientific evidence
                                                    rare pediatric disease product                          that the third meeting of the 2018
                                                                                                            Physical Activity Guidelines Advisory                 and current resource documents, and
                                                    applications that meet certain criteria.                                                                      develop a scientific report to the
asabaliauskas on DSK3SPTVN1PROD with NOTICES




                                                    FDA has determined that SPINRAZA                        Committee (2018 PAGAC or Committee)
                                                                                                            will be held. This meeting will be open               Secretary of HHS that outlines its
                                                    (nusinersen), manufactured by Biogen                                                                          science-based advice and
                                                    Inc., meets the criteria for a priority                 to the public via videocast.
                                                                                                                                                                  recommendations for development of
                                                    review voucher.                                         DATES: The meeting will be held on                    the second edition of the PAG. The
                                                    FOR FURTHER INFORMATION CONTACT:                        March 23, 2017, from 8:00 a.m. E.T. to                Committee will hold approximately five
                                                    Larry Bauer, Rare Diseases Program,                     5:30 p.m. E.T.                                        public meetings to review and discuss
                                                    Center for Drug Evaluation and                          ADDRESSES: The meeting will be                        recommendations. The first meeting was
                                                    Research, Food and Drug                                 accessible by videocast on the Internet.              held in July 2016 and the second in


                                               VerDate Sep<11>2014   19:24 Mar 03, 2017   Jkt 241001   PO 00000   Frm 00082   Fmt 4703   Sfmt 4703   E:\FR\FM\06MRN1.SGM   06MRN1



Document Created: 2017-03-04 00:07:07
Document Modified: 2017-03-04 00:07:07
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.
ContactDavid Faranda, Center for Drug Evaluation and Research, Food and Drug Administration, 10903 New Hampshire Ave., Bldg. 51, Rm. 6208, Silver Spring, MD 20993-0002, 301- 796-8767.
FR Citation82 FR 12613 

2025 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR