82_FR_46260 82 FR 46070 - Determination That SPECTAZOLE (Econazole Nitrate) Topical Cream, 1%, Was Not Withdrawn From Sale for Reasons of Safety or Effectiveness

82 FR 46070 - Determination That SPECTAZOLE (Econazole Nitrate) Topical Cream, 1%, Was Not Withdrawn From Sale for Reasons of Safety or Effectiveness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 190 (October 3, 2017)

Page Range46070-46071
FR Document2017-21174

The Food and Drug Administration (FDA or Agency) has determined that SPECTAZOLE (econazole nitrate) topical cream, 1%, was not withdrawn from sale for reasons of safety or effectiveness.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 it will allow FDA to continue to approve ANDAs that refer to the product as long as they meet relevant legal and regulatory requirements.

Federal Register, Volume 82 Issue 190 (Tuesday, October 3, 2017)
[Federal Register Volume 82, Number 190 (Tuesday, October 3, 2017)]
[Notices]
[Pages 46070-46071]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-21174]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2017-P-2530]


Determination That SPECTAZOLE (Econazole Nitrate) Topical Cream, 
1%, Was Not Withdrawn From Sale for Reasons of Safety or Effectiveness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 SPECTAZOLE (econazole nitrate) topical cream, 1%, 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not withdrawn from sale for reasons of safety or effectiveness.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 it will allow FDA to continue to approve ANDAs 
that refer to the product as long as they meet relevant legal and 
regulatory requirements.

FOR FURTHER INFORMATION CONTACT: Nisha Shah, Center for Drug Evaluation 
and Research, Food and Drug Administration, 10903 New Hampshire Ave., 
Bldg. 51, Rm. 6222, Silver Spring, MD 20993-0002, 301-796-4455.

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, a drug is 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.
    SPECTAZOLE (econazole nitrate) topical cream, 1%, is the subject of 
NDA 018751, held by Alvogen Malta Operations Ltd., and initially 
approved on December 23, 1982. SPECTAZOLE is indicated for topical 
application in the treatment of tinea pedis, tinea cruris, and tinea 
corporis caused by Trichophyton rubrum, Trichophyton mentagrophytes, 
Trichophyton tonsurans, Microsporum canis, Microsporum audouini, 
Microsporum gypseum, and Epidermophyton floccosum; in the treatment of 
cutaneous candidiasis; and in the treatment of tinea versicolor.
    SPECTAZOLE (econazole nitrate) topical cream, 1%, is currently 
listed in

[[Page 46071]]

the ``Discontinued Drug Product List'' section of the Orange Book.
    Lachman Consultant Services, Inc. submitted a citizen petition 
dated April 21, 2017 (Docket No. FDA-2017-P-2530), under 21 CFR 10.30, 
requesting that the Agency determine whether SPECTAZOLE (econazole 
nitrate) topical cream, 1%, 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 SPECTAZOLE (econazole nitrate) topical cream, 
1%, was not withdrawn for reasons of safety or effectiveness. The 
petitioner has identified no data or other information suggesting that 
SPECTAZOLE (econazole nitrate) topical cream, 1%, was withdrawn for 
reasons of safety or effectiveness. We have carefully reviewed our 
files for records concerning the withdrawal of SPECTAZOLE (econazole 
nitrate) topical cream, 1%, from sale. We have also independently 
evaluated relevant literature and data for possible postmarketing 
adverse events. We have reviewed the available evidence and determined 
that this drug product was not withdrawn from sale for reasons of 
safety or effectiveness.
    Accordingly, the Agency will continue to list SPECTAZOLE (econazole 
nitrate) topical cream, 1%, 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 this drug product. Additional ANDAs for 
this drug product 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 this drug product should be 
revised to meet current standards, the Agency will advise ANDA 
applicants to submit such labeling.

    Dated: September 27, 2017.
Anna K. Abram,
Deputy Commissioner for Policy, Planning, Legislation, and Analysis.
[FR Doc. 2017-21174 Filed 10-2-17; 8:45 am]
BILLING CODE 4164-01-P



                                                    46070                        Federal Register / Vol. 82, No. 190 / Tuesday, October 3, 2017 / Notices

                                                    FOR FURTHER INFORMATION CONTACT:                        III. Nomination Procedures                            Ave., Bldg. 51, Rm. 6222, Silver Spring,
                                                    Regarding all nomination questions for                     Any interested person may nominate                 MD 20993–0002, 301–796–4455.
                                                    membership: Caryn Cohen, Office of                      one or more qualified individuals for                 SUPPLEMENTARY INFORMATION: In 1984,
                                                    Science, Center for Tobacco Products,                   membership on the advisory committee.                 Congress enacted the Drug Price
                                                    Food and Drug Administration, Center                    Self-nominations are also accepted.                   Competition and Patent Term
                                                    for Tobacco Products, Document                          Nominations must include a current,                   Restoration Act of 1984 (Pub. L. 98–417)
                                                    Control Center, Building 71, Rm. G335,                  complete résumé or curriculum vitae for             (the 1984 amendments), which
                                                    10903 New Hampshire Ave., Silver                        each nominee and a signed copy of the                 authorized the approval of duplicate
                                                    Spring, MD 20993–0002, 1–877–287–                       Acknowledgement and Consent form                      versions of drug products under an
                                                    1373 (choose Option 5), TPSAC@                          available at the FDA Advisory                         ANDA procedure. ANDA applicants
                                                    fda.hhs.gov.                                            Nomination Portal (see ADDRESSES).                    must, with certain exceptions, show that
                                                      Information about becoming a                          Nominations must also specify the                     the drug for which they are seeking
                                                    member on an FDA advisory committee                     advisory committee for which the                      approval contains the same active
                                                    can also be obtained by visiting FDA’s                  nominee is recommended. Nominations                   ingredient in the same strength and
                                                    Web site by using the following link:                   must also acknowledge that the                        dosage form as the listed drug, which is
                                                    https://www.fda.gov/                                    nominee is aware of the nomination                    a version of the drug that was
                                                    AdvisoryCommittees/default.htm.                         unless self-nominated. FDA will ask                   previously approved. ANDA applicants
                                                                                                            potential candidates to provide detailed              do not have to repeat the extensive
                                                    SUPPLEMENTARY INFORMATION:   FDA is                                                                           clinical testing otherwise necessary to
                                                                                                            information concerning such matters
                                                    requesting nomination for voting                                                                              gain approval of a new drug application
                                                                                                            related to financial holdings,
                                                    members on the Tobacco Products                                                                               (NDA).
                                                                                                            employment, and research grants and/or
                                                    Scientific Advisory Committee.                                                                                   The 1984 amendments include what
                                                                                                            contracts to permit evaluation of
                                                    I. General Description of the Committee                 possible sources of conflicts of interest.            is now section 505(j)(7) of the Federal
                                                    Duties                                                     This notice is issued under the                    Food, Drug, and Cosmetic Act (21 U.S.C.
                                                                                                            Federal Advisory Committee Act (5                     355(j)(7)), which requires FDA to
                                                      The Tobacco Products Scientific                       U.S.C. app. 2) and 21 CFR part 14,                    publish a list of all approved drugs.
                                                    Advisory Committee (the Committee)                      relating to advisory committees.                      FDA publishes this list as part of the
                                                    advises the Commissioner of Food and                                                                          ‘‘Approved Drug Products with
                                                                                                              Dated: September 27, 2017.
                                                    Drugs (the Commissioner) or designee in                                                                       Therapeutic Equivalence Evaluations,’’
                                                    discharging responsibilities related to                 Anna K. Abram,
                                                                                                                                                                  which is known generally as the Orange
                                                    the regulation of tobacco products. The                 Deputy Commissioner for Policy, Planning,
                                                                                                                                                                  Book. Under FDA regulations, a drug is
                                                    Committee reviews and evaluates safety,                 Legislation, and Analysis.
                                                                                                                                                                  removed from the list if the Agency
                                                    dependence, and health issues relating                  [FR Doc. 2017–21173 Filed 10–2–17; 8:45 am]
                                                                                                                                                                  withdraws or suspends approval of the
                                                    to tobacco products and provides                        BILLING CODE 4164–01–P
                                                                                                                                                                  drug’s NDA or ANDA for reasons of
                                                    appropriate advice, information, and                                                                          safety or effectiveness or if FDA
                                                    recommendations to the Commissioner.                                                                          determines that the listed drug was
                                                                                                            DEPARTMENT OF HEALTH AND
                                                    II. Criteria for Voting Members                                                                               withdrawn from sale for reasons of
                                                                                                            HUMAN SERVICES
                                                                                                                                                                  safety or effectiveness (21 CFR 314.162).
                                                      The Committee consists of 12                          Food and Drug Administration                             A person may petition the Agency to
                                                    members including the Chair. Members                                                                          determine, or the Agency may
                                                    and the Chair are selected by the                       [Docket No. FDA–2017–P–2530]                          determine on its own initiative, whether
                                                    Commissioner or designee from among                                                                           a listed drug was withdrawn from sale
                                                                                                            Determination That SPECTAZOLE
                                                    individuals knowledgeable in the fields                                                                       for reasons of safety or effectiveness.
                                                                                                            (Econazole Nitrate) Topical Cream, 1%,
                                                    of medicine, medical ethics, science, or                                                                      This determination may be made at any
                                                                                                            Was Not Withdrawn From Sale for
                                                    technology involving the manufacture,                                                                         time after the drug has been withdrawn
                                                                                                            Reasons of Safety or Effectiveness
                                                    evaluation, or use of tobacco products.                                                                       from sale, but must be made prior to
                                                    Almost all non-Federal members of this                  AGENCY:    Food and Drug Administration,              approving an ANDA that refers to the
                                                    committee serve as Special Government                   HHS.                                                  listed drug (§ 314.161 (21 CFR 314.161)).
                                                    Employees. The Committee includes                       ACTION:   Notice.                                     FDA may not approve an ANDA that
                                                    nine technically qualified voting                                                                             does not refer to a listed drug.
                                                    members, selected by the Commissioner                   SUMMARY:   The Food and Drug                             SPECTAZOLE (econazole nitrate)
                                                    or designee. The nine voting members                    Administration (FDA or Agency) has                    topical cream, 1%, is the subject of NDA
                                                    include seven members who are                           determined that SPECTAZOLE                            018751, held by Alvogen Malta
                                                    physicians, dentists, scientists, or health             (econazole nitrate) topical cream, 1%,                Operations Ltd., and initially approved
                                                    care professionals practicing in the area               was not withdrawn from sale for reasons               on December 23, 1982. SPECTAZOLE is
                                                    of oncology, pulmonology, cardiology,                   of safety or effectiveness. This                      indicated for topical application in the
                                                    toxicology, pharmacology, addiction, or                 determination means that FDA will not                 treatment of tinea pedis, tinea cruris,
                                                    any other relevant specialty. The nine                  begin procedures to withdraw approval                 and tinea corporis caused by
                                                    voting members also include one                         of abbreviated new drug applications                  Trichophyton rubrum, Trichophyton
                                                                                                            (ANDAs) that refer to this drug product,
asabaliauskas on DSKBBXCHB2PROD with NOTICES




                                                    member who is an officer or employee                                                                          mentagrophytes, Trichophyton
                                                    of a State or local government or of the                and it will allow FDA to continue to                  tonsurans, Microsporum canis,
                                                    Federal Government, and one member                      approve ANDAs that refer to the                       Microsporum audouini, Microsporum
                                                    who is a representative of the general                  product as long as they meet relevant                 gypseum, and Epidermophyton
                                                    public. Almost all non-Federal members                  legal and regulatory requirements.                    floccosum; in the treatment of
                                                    of this committee serve as Special                      FOR FURTHER INFORMATION CONTACT:                      cutaneous candidiasis; and in the
                                                    Government Employees. Members will                      Nisha Shah, Center for Drug Evaluation                treatment of tinea versicolor.
                                                    be invited to serve for terms of up to 4                and Research, Food and Drug                              SPECTAZOLE (econazole nitrate)
                                                    years.                                                  Administration, 10903 New Hampshire                   topical cream, 1%, is currently listed in


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                                                                                 Federal Register / Vol. 82, No. 190 / Tuesday, October 3, 2017 / Notices                                          46071

                                                    the ‘‘Discontinued Drug Product List’’                  DEPARTMENT OF HEALTH AND                              confidential information that you or a
                                                    section of the Orange Book.                             HUMAN SERVICES                                        third party may not wish to be posted,
                                                       Lachman Consultant Services, Inc.                                                                          such as medical information, your or
                                                                                                            Food and Drug Administration                          anyone else’s Social Security number, or
                                                    submitted a citizen petition dated April
                                                                                                            [Docket No. FDA–2017–D–5739]                          confidential business information, such
                                                    21, 2017 (Docket No. FDA–2017–P–
                                                                                                                                                                  as a manufacturing process. Please note
                                                    2530), under 21 CFR 10.30, requesting
                                                                                                            Formal Meetings Between the Food                      that if you include your name, contact
                                                    that the Agency determine whether                                                                             information, or other information that
                                                                                                            and Drug Administration and
                                                    SPECTAZOLE (econazole nitrate)                                                                                identifies you in the body of your
                                                                                                            Abbreviated New Drug Application
                                                    topical cream, 1%, was withdrawn from                                                                         comments, that information will be
                                                                                                            Applicants of Complex Products Under
                                                    sale for reasons of safety or                           Generic Drug User Fee Act; Draft                      posted on https://www.regulations.gov.
                                                    effectiveness.                                          Guidance for Industry; Availability                     • If you want to submit a comment
                                                       After considering the citizen petition                                                                     with confidential information that you
                                                                                                            AGENCY:    Food and Drug Administration,              do not wish to be made available to the
                                                    and reviewing Agency records and
                                                                                                            HHS.                                                  public, submit the comment as a
                                                    based on the information we have at this
                                                    time, FDA has determined under                          ACTION:   Notice of availability.                     written/paper submission and in the
                                                    § 314.161 that SPECTAZOLE (econazole                                                                          manner detailed (see ‘‘Written/Paper
                                                                                                            SUMMARY:   The Food and Drug
                                                    nitrate) topical cream, 1%, was not                                                                           Submissions’’ and ‘‘Instructions’’).
                                                                                                            Administration (FDA or Agency) is
                                                    withdrawn for reasons of safety or                      announcing the availability of a draft                Written/Paper Submissions
                                                    effectiveness. The petitioner has                       guidance for industry entitled ‘‘Formal                  Submit written/paper submissions as
                                                    identified no data or other information                 Meetings Between FDA and ANDA                         follows:
                                                    suggesting that SPECTAZOLE                              Applicants of Complex Products Under                     • Mail/Hand delivery/Courier (for
                                                    (econazole nitrate) topical cream, 1%,                  GDUFA.’’ This draft guidance describes                written/paper submissions): Dockets
                                                    was withdrawn for reasons of safety or                  an enhanced pathway for discussions                   Management Staff (HFA–305), Food and
                                                    effectiveness. We have carefully                        between FDA and a prospective                         Drug Administration, 5630 Fishers
                                                    reviewed our files for records                          applicant preparing to submit (or an                  Lane, Rm. 1061, Rockville, MD 20852.
                                                    concerning the withdrawal of                            applicant that has submitted) to FDA an                  • For written/paper comments
                                                    SPECTAZOLE (econazole nitrate)                          abbreviated new drug application                      submitted to Dockets Management Staff,
                                                    topical cream, 1%, from sale. We have                   (ANDA) for a complex product.                         FDA will post your comment, as well as
                                                    also independently evaluated relevant                   Specifically, this draft guidance                     any attachments, except for information
                                                                                                            provides information on requesting and                submitted, marked and identified, as
                                                    literature and data for possible
                                                                                                            conducting product development                        confidential, if submitted as detailed in
                                                    postmarketing adverse events. We have
                                                                                                            meetings, pre-submission meetings, and                ‘‘Instructions.’’
                                                    reviewed the available evidence and                     mid-review-cycle meetings with FDA.                      Instructions: All submissions received
                                                    determined that this drug product was                   This draft guidance will assist                       must include the Docket No. FDA–
                                                    not withdrawn from sale for reasons of                  applicants in generating and submitting               2017–D–5739 for ‘‘Formal Meetings
                                                    safety or effectiveness.                                a meeting request and the associated                  Between FDA and ANDA Applicants of
                                                       Accordingly, the Agency will                         meeting package to FDA for complex                    Complex Products Under GDUFA; Draft
                                                    continue to list SPECTAZOLE                             products to be submitted under the                    Guidance for Industry; Availability.’’
                                                    (econazole nitrate) topical cream, 1%, in               Federal Food, Drug, and Cosmetic Act                  Received comments will be placed in
                                                    the ‘‘Discontinued Drug Product List’’                  (FD&C Act) and as contemplated in the                 the docket and, except for those
                                                    section of the Orange Book. The                         commitments made by FDA in                            submitted as ‘‘Confidential
                                                    ‘‘Discontinued Drug Product List’’                      connection with the reauthorization of                Submissions,’’ publicly viewable at
                                                    delineates, among other items, drug                     the Generic Drug User Fee Amendments                  https://www.regulations.gov or at the
                                                    products that have been discontinued                    for Fiscal Years (FYs) 2018–2022                      Dockets Management Staff between 9
                                                    from marketing for reasons other than                   (GDUFA II).                                           a.m. and 4 p.m., Monday through
                                                    safety or effectiveness. FDA will not                   DATES: Submit either electronic or                    Friday.
                                                                                                            written comments on the draft guidance                   • Confidential Submissions—To
                                                    begin procedures to withdraw approval
                                                                                                            by December 4, 2017 to ensure that the                submit a comment with confidential
                                                    of approved ANDAs that refer to this
                                                                                                            Agency considers your comment on this                 information that you do not wish to be
                                                    drug product. Additional ANDAs for
                                                                                                            draft guidance before it begins work on               made publicly available, submit your
                                                    this drug product may also be approved                                                                        comments only as a written/paper
                                                                                                            the final version of the guidance.
                                                    by the Agency as long as they meet all                                                                        submission. You should submit two
                                                                                                            ADDRESSES: You may submit comments
                                                    other legal and regulatory requirements                                                                       copies total. One copy will include the
                                                    for the approval of ANDAs. If FDA                       on any guidance at any time as follows:
                                                                                                                                                                  information you claim to be confidential
                                                    determines that labeling for this drug                  Electronic Submissions                                with a heading or cover note that states
                                                    product should be revised to meet                         Submit electronic comments in the                   ‘‘THIS DOCUMENT CONTAINS
                                                    current standards, the Agency will                      following way:                                        CONFIDENTIAL INFORMATION.’’ The
                                                    advise ANDA applicants to submit such                     • Federal eRulemaking Portal:                       Agency will review this copy, including
                                                    labeling.
asabaliauskas on DSKBBXCHB2PROD with NOTICES




                                                                                                            https://www.regulations.gov. Follow the               the claimed confidential information, in
                                                      Dated: September 27, 2017.                            instructions for submitting comments.                 its consideration of comments. The
                                                    Anna K. Abram,
                                                                                                            Comments submitted electronically,                    second copy, which will have the
                                                                                                            including attachments, to https://                    claimed confidential information
                                                    Deputy Commissioner for Policy, Planning,               www.regulations.gov will be posted to                 redacted/blacked out, will be available
                                                    Legislation, and Analysis.
                                                                                                            the docket unchanged. Because your                    for public viewing and posted on
                                                    [FR Doc. 2017–21174 Filed 10–2–17; 8:45 am]             comment will be made public, you are                  https://www.regulations.gov. Submit
                                                    BILLING CODE 4164–01–P                                  solely responsible for ensuring that your             both copies to the Dockets Management
                                                                                                            comment does not include any                          Staff. If you do not wish your name and


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Document Created: 2017-10-03 01:01:21
Document Modified: 2017-10-03 01:01:21
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.
ContactNisha Shah, Center for Drug Evaluation and Research, Food and Drug Administration, 10903 New Hampshire Ave., Bldg. 51, Rm. 6222, Silver Spring, MD 20993-0002, 301-796-4455.
FR Citation82 FR 46070 

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