82_FR_7850 82 FR 7837 - Determination That ACTHAR GEL SYNTHETIC (Seractide Acetate) Injection, 80 Units/Milliliter and 40 Units/Milliliter, Was Withdrawn From Sale for Reasons of Safety or Effectiveness

82 FR 7837 - Determination That ACTHAR GEL SYNTHETIC (Seractide Acetate) Injection, 80 Units/Milliliter and 40 Units/Milliliter, Was Withdrawn From Sale for Reasons of Safety or Effectiveness

DEPARTMENT OF HEALTH AND HUMAN SERVICES
Food and Drug Administration

Federal Register Volume 82, Issue 13 (January 23, 2017)

Page Range7837-7839
FR Document2017-01249

The Food and Drug Administration (FDA or we) has determined that ACTHAR GEL SYNTHETIC (seractide acetate) injection, 80 units/ milliliter (mL) and 40 units/mL, was withdrawn from sale for reasons of safety or effectiveness. The Agency will not accept or approve abbreviated new drug applications (ANDAs) for seractide acetate injection, 80 units/mL and 40 units/mL.

Federal Register, Volume 82 Issue 13 (Monday, January 23, 2017)
[Federal Register Volume 82, Number 13 (Monday, January 23, 2017)]
[Notices]
[Pages 7837-7839]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-01249]


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

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2014-P-0377]


Determination That ACTHAR GEL SYNTHETIC (Seractide Acetate) 
Injection, 80 Units/Milliliter and 40 Units/Milliliter, Was Withdrawn 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 we) has determined 
that ACTHAR GEL SYNTHETIC (seractide acetate) injection, 80 units/
milliliter (mL) and 40 units/mL, was withdrawn from sale for reasons of 
safety or effectiveness. The Agency will not accept or approve 
abbreviated new drug applications (ANDAs) for seractide acetate 
injection, 80 units/mL and 40 units/mL.

FOR FURTHER INFORMATION CONTACT: David E. Markert, Center for Drug 
Evaluation and Research, Food and Drug Administration, 10903 New 
Hampshire Ave., Bldg. 51, Rm. 6222, Silver Spring, MD 20993-0002, 301-
796-0752.

SUPPLEMENTARY INFORMATION:

I. Background

    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 (21 CFR 314.161). FDA may not approve an ANDA that does not refer 
to a listed drug.
    ACTHAR GEL SYNTHETIC (seractide acetate) injection, 80 units/mL and 
40 units/mL was the subject of NDA 017861, which was held by Armour 
Pharmaceutical Co. (Armour), and initially approved on February 21, 
1978. ACTHAR GEL SYNTHETIC is indicated for diagnostic testing of 
adrenocortical function. The labeling also provides that ACTHAR GEL 
SYNTHETIC may be employed in the following disorders:
    Endocrine Disorders: Nonsuppurative thyroiditis; Hypercalcemia 
associated with cancer.
    Nervous System Diseases: Acute exacerbations of multiple sclerosis.
    Rheumatic Disorders: As adjunctive therapy for short-term 
administration (to tide the patient over an acute episode or 
exacerbation) in: Psoriatic arthritis; rheumatoid arthritis, including 
juvenile

[[Page 7838]]

rheumatoid arthritis (selected cases may require low-dose maintenance 
therapy); ankylosing spondylitis; acute and subacute bursitis; acute 
non-specific tenosynovitis; acute gouty arthritis; post-traumatic 
arthritis; synovitis of osteoarthritis; epicondylitis.
    Collagen Diseases: During an exacerbation or as maintenance therapy 
in selected cases of: Systemic lupus erythematosus; systemic 
dermatomyositis (polymyositis); acute rheumatic carditis.
    Dermatologic Diseases: Pemphigus; bullous dermatitis herpetiformis; 
severe erythema multiforme (Stevens-Johnson syndrome); exfoliative 
dermatitis; severe psoriasis; severe seborrheic dermatitis; mycosis 
fungoides.
    Allergic States: Control of severe or incapacitating allergic 
conditions intractable to adequate trials of conventional treatment--
seasonal or perennial allergic rhinitis; bronchial asthma; contact 
dermatitis; atopic dermatitis; serum sickness.
    Ophthalmic Diseases: Severe acute and chronic allergic and 
inflammatory processes involving the eye and its adnexa such as: 
Allergic conjunctivitis; keratitis; herpes zoster ophthalmicus; iritis 
and iridocyclitis; diffuse posterior uveitis and choroiditis; optic 
neuritis; sympathetic ophthalmia; chorioretinitis; anterior segment 
inflammation; allergic corneal marginal ulcers.
    Respiratory Diseases: Symptomatic sarcoidosis; Loeffler's syndrome 
not manageable by other means; berylliosis; fulminating or disseminated 
pulmonary tuberculosis when used concurrently with anti-tuberculous 
chemotherapy; aspiration pneumonitis.
    Hematologic Disorders: Acquired (autoimmune) hemolytic anemia; 
secondary thrombocytopenia in adults; erythroblastopenia (RBC anemia); 
congenital (erythroid) hypoplastic anemia.
    Neoplastic Diseases: For palliative management of: Leukemias and 
lymphomas in adults; acute leukemia of childhood.
    Edematous State: To induce a diuresis or a remission of proteinuria 
in the nephrotic syndrome without uremia of the idiopathic type or that 
due to lupus erythematosus.
    Gastrointestinal Diseases: To tide the patient over a critical 
period of the disease in: Ulcerative colitis; regional enteritis.
    Miscellaneous: Tuberculous meningitis with subarachnoid block or 
impending block when concurrently accompanied by appropriate anti-
tuberculous chemotherapy; trichinosis with neurologic or myocardial 
involvement.
    Armour never marketed ACTHAR GEL SYNTHETIC (seractide acetate) 
injection, 80 units/mL and 40 units/mL. In previous instances (see, 
e.g., 72 FR 9763, March 5, 2007 and 61 FR 25497, May 21, 1996), the 
Agency has determined that for purposes of Sec. Sec.  314.161 and 
314.162, never marketing an approved drug product is equivalent to 
withdrawing the drug from sale. FDA withdrew approval of the NDA for 
ACTHAR GEL SYNTHETIC in 2014 because Armour had repeatedly failed to 
file annual reports for the application (79 FR 68454, November 17, 
2014).
    Hyman, Phelps & McNamara, P.C., submitted a citizen petition dated 
April 1, 2014 (Docket No. FDA-2014-P-0377), under 21 CFR 10.30, 
requesting that the Agency determine whether ACTHAR GEL SYNTHETIC 
(seractide acetate) injection, 80 units/mL and 40 units/mL, was 
withdrawn from sale for reasons of safety or effectiveness.

II. Response to Citizen Petition

    We have carefully reviewed the citizen petition (and comments 
submitted to the docket); our records for ACTHAR GEL SYNTHETIC 
(seractide acetate) injection, 80 units/mL and 40 units/mL; the 
scientific literature on seractide acetate; and other relevant 
information. Based on that review, and for the reasons set forth in 
this section, we have concluded that additional studies of safety would 
be necessary before ACTHAR GEL SYNTHETIC could be considered for 
introduction to the market today. Consequently, FDA has determined 
under Sec.  314.161 that ACTHAR GEL SYNTHETIC (seractide acetate) 
injection, 80 units/mL and 40 units/mL, was withdrawn for reasons of 
safety.\1\
---------------------------------------------------------------------------

    \1\ In light of this conclusion, it is unnecessary for us to 
determine whether ACTHAR GEL SYNTHETIC was also withdrawn from sale 
for reasons of effectiveness. This notice does not address the 
effectiveness of ACTHAR GEL SYNTHETIC for its labeled indications.
---------------------------------------------------------------------------

    The labeling for ACTHAR GEL SYNTHETIC describes the product as ``a 
highly purified synthetic polypeptide containing thirty-nine amino 
acids in the sequence described for human corticotropin by Lee, T.H.; 
Lerner, A.B.; and Buettner-Janusch, Vina (J. Biol Chem, 236:2970-2974, 
Nov. 1961)'' (Refs. 1 and 2). At the time of ACTHAR GEL SYNTHETIC's 
approval, FDA believed the amino acid sequence described by Lee et al. 
was the correct sequence for human corticotropin and, therefore, that 
ACTHAR GEL SYNTHETIC was identical to human corticotropin.\2\ However, 
since approval, the Agency has learned that ACTHAR GEL SYNTHETIC is not 
identical to the human corticotropin sequence. We now know that the 
amino acid sequence described by Lee et al. is a deamidated version of 
human corticotropin that differs from full length human corticotropin 
at four positions.\3\
---------------------------------------------------------------------------

    \2\ The Agency's Institutional Summary of Basis of Approval 
(Ref. 3) describes ACTHAR GEL SYNTHETIC as ``a synthetic peptide of 
39 amino acids identical with that of natural human'' corticotropin.
    \3\ The record for human pro-opiomelanocortin preproprotein in 
the National Center for Biotechnology Information's ``Protein'' 
database (Reference Sequence NP_000930.1) contains the correct amino 
acid sequence for human corticotropin. The record is available at 
the following URL: https://www.ncbi.nlm.nih.gov/protein/NP_000930.1. 
The sequence described by Lee et al. differs from the correct 
sequence at positions 25-27 and 30.
---------------------------------------------------------------------------

    The fact that ACTHAR GEL SYNTHETIC has a different amino acid 
sequence from human corticotropin raises significant safety concerns. 
Due to its different amino acid sequence, ACTHAR GEL SYNTHETIC might 
have a structure or function that is not recognized as endogenous by 
the immune system. ACTHAR GEL SYNTHETIC thus poses a higher risk of 
immunogenicity than a synthetic peptide product that is, in fact, 
identical to human corticotropin. The health consequences of 
immunogenicity range from subacute, minor reactions to severe, even 
deadly, reactions (e.g., anaphylaxis). In addition, frequent 
stimulation of the immune system could produce antibodies that cross-
react with human corticotropin and other closely related endogenous 
peptides, resulting in the loss of those peptides' physiological 
functions. Such an effect could last long after treatment with ACTHAR 
GEL SYNTHETIC has stopped.
    The safety concerns noted in this section have not been adequately 
investigated. ACTHAR GEL SYNTHETIC was studied in two clinical trials 
in 51 healthy adult men between 21 and 54 years old. Although no 
unusual adverse effects were reported during these trials, the trials 
did not assess the impact of immunogenicity on safety. Nor were they 
designed to assess immunogenicity. Moreover, because ACTHAR GEL 
SYNTHETIC was never marketed, the Agency has no postmarketing safety 
data or information confirming that the product is safe for human use, 
notwithstanding the differences between ACTHAR GEL SYNTHETIC's amino 
acid sequence and that of human corticotropin. Given the lack of any 
premarket or postmarket

[[Page 7839]]

immunogenicity safety data, FDA cannot conclude that ACTHAR GEL 
SYNTHETIC would be safe for human use if it were introduced to the 
market today.
    Accordingly, the Agency will remove ACTHAR GEL SYNTHETIC (seractide 
acetate) injection, 80 units/mL and 40 units/mL, from the list of drug 
products published in the Orange Book. FDA will not accept or approve 
ANDAs that refer to this drug product.

III. References

    The following references have been placed on display in the 
Division of Dockets Management (HFA-305), Food and Drug Administration, 
5630 Fishers Lane, Rm. 1061, Rockville, MD 20852, and are available for 
viewing by interested persons between 9 a.m. and 4 p.m., Monday through 
Friday; they are also available electronically at https://www.regulations.gov.

1. Armour Pharmaceutical Co., ``ACTHAR[supreg] Gel Synthetic 
(SERACTIDE ACETATE), Synthetic Corticotropin,'' Product Labeling, 
1979.
2. Lee, T. H., A. B. Lerner, and V. Buettner-Janusch, ``On the 
Structure of Human Corticotropin (Adrenocorticotropic Hormone),'' 
The Journal of Biological Chemistry, vol. 236, pp. 2970-2974, 1961.
3. FDA, ``Seractide Acetate: Institutional Summary of Basis of 
Approval,'' August 22, 1977.

    Dated: January 13, 2017.
Leslie Kux,
Associate Commissioner for Policy.
[FR Doc. 2017-01249 Filed 1-19-17; 8:45 am]
 BILLING CODE 4164-01-P



                                                                                         Federal Register / Vol. 82, No. 13 / Monday, January 23, 2017 / Notices                                                              7837

                                                    • Ensure adequate and timely                                            Tribal HV Form 2 will provide a                               Respondents: Tribal Maternal, Infant,
                                                  reporting of program data to relevant                                   template for Tribal MIECHV grantees to                        and Early Childhood Home Visiting
                                                  federal agencies and stakeholders                                       report data on their progress under the                       Program Grantees.
                                                  including the Congress, and members of                                  six benchmark areas as stipulated in
                                                  the public.                                                             legislation.

                                                                                                                                   ANNUAL BURDEN ESTIMATES
                                                                                                                                                                                       Number of           Average
                                                                                                                                                                      Number of                                         Total burden
                                                                                                  Instrument                                                                         responses per       burden hours
                                                                                                                                                                     respondents                                           hours
                                                                                                                                                                                       respondent        per response

                                                  Tribal Maternal, Infant, and Early Childhood Home Visiting Performance Re-
                                                    porting Form .................................................................................................        20                1                500          10,000



                                                    Estimated Total Annual Burden                                         DEPARTMENT OF HEALTH AND                                      clinical testing otherwise necessary to
                                                  Hours: 10,000.                                                          HUMAN SERVICES                                                gain approval of a new drug application
                                                    In compliance with the requirements                                                                                                 (NDA).
                                                                                                                          Food and Drug Administration                                     The 1984 amendments include what
                                                  of Section 3506(c)(2)(A) of the
                                                                                                                                                                                        is now section 505(j)(7) of the Federal
                                                  Paperwork Reduction Act of 1995, the                                    [Docket No. FDA–2014–P–0377]
                                                                                                                                                                                        Food, Drug, and Cosmetic Act (21 U.S.C.
                                                  Administration for Children and
                                                                                                                          Determination That ACTHAR GEL                                 355(j)(7)), which requires FDA to
                                                  Families is soliciting public comment
                                                                                                                          SYNTHETIC (Seractide Acetate)                                 publish a list of all approved drugs.
                                                  on the specific aspects of the                                                                                                        FDA publishes this list as part of the
                                                                                                                          Injection, 80 Units/Milliliter and 40
                                                  information collection described above.                                                                                               ‘‘Approved Drug Products With
                                                                                                                          Units/Milliliter, Was Withdrawn From
                                                  Copies of the proposed collection of                                                                                                  Therapeutic Equivalence Evaluations,’’
                                                                                                                          Sale for Reasons of Safety or
                                                  information can be obtained and                                                                                                       which is known generally as the
                                                                                                                          Effectiveness
                                                  comments may be forwarded by writing                                                                                                  ‘‘Orange Book.’’ Under FDA regulations,
                                                  to the Administration for Children and                                  AGENCY:        Food and Drug Administration,                  drugs are removed from the list if the
                                                  Families, Office of Planning, Research                                  HHS.                                                          Agency withdraws or suspends
                                                  and Evaluation, 330 C St. SW.,                                          ACTION:       Notice.                                         approval of the drug’s NDA or ANDA
                                                  Washington, DC 20201, Attn: OPRE                                                                                                      for reasons of safety or effectiveness or
                                                  Reports Clearance Officer. Email                                        SUMMARY:   The Food and Drug                                  if FDA determines that the listed drug
                                                  address: OPREinfocollection@                                            Administration (FDA or we) has                                was withdrawn from sale for reasons of
                                                  acf.hhs.gov. All requests should be                                     determined that ACTHAR GEL                                    safety or effectiveness (21 CFR 314.162).
                                                  identified by the title of the information                              SYNTHETIC (seractide acetate)                                    A person may petition the Agency to
                                                  collection.                                                             injection, 80 units/milliliter (mL) and 40                    determine, or the Agency may
                                                                                                                          units/mL, was withdrawn from sale for                         determine on its own initiative, whether
                                                    The Department specifically requests                                  reasons of safety or effectiveness. The                       a listed drug was withdrawn from sale
                                                  comments on: (a) Whether the proposed                                   Agency will not accept or approve                             for reasons of safety or effectiveness.
                                                  collection of information is necessary                                  abbreviated new drug applications                             This determination may be made at any
                                                  for the proper performance of the                                       (ANDAs) for seractide acetate injection,                      time after the drug has been withdrawn
                                                  functions of the agency, including                                      80 units/mL and 40 units/mL.                                  from sale, but must be made prior to
                                                  whether the information shall have                                      FOR FURTHER INFORMATION CONTACT:                              approving an ANDA that refers to the
                                                  practical utility; (b) the accuracy of the                              David E. Markert, Center for Drug                             listed drug (21 CFR 314.161). FDA may
                                                  agency’s estimate of the burden of the                                  Evaluation and Research, Food and                             not approve an ANDA that does not
                                                  proposed collection of information; (c)                                 Drug Administration, 10903 New                                refer to a listed drug.
                                                  the quality, utility, and clarity of the                                Hampshire Ave., Bldg. 51, Rm. 6222,                              ACTHAR GEL SYNTHETIC (seractide
                                                  information to be collected; and (d)                                    Silver Spring, MD 20993–0002, 301–                            acetate) injection, 80 units/mL and 40
                                                  ways to minimize the burden of the                                      796–0752.                                                     units/mL was the subject of NDA
                                                  collection of information on                                            SUPPLEMENTARY INFORMATION:                                    017861, which was held by Armour
                                                  respondents, including through the use                                                                                                Pharmaceutical Co. (Armour), and
                                                  of automated collection techniques or                                   I. Background                                                 initially approved on February 21, 1978.
                                                  other forms of information technology.                                     In 1984, Congress enacted the Drug                         ACTHAR GEL SYNTHETIC is indicated
                                                  Consideration will be given to                                          Price Competition and Patent Term                             for diagnostic testing of adrenocortical
                                                  comments and suggestions submitted                                      Restoration Act of 1984 (Pub. L. 98–417)                      function. The labeling also provides that
                                                  within 60 days of this publication.                                     (the 1984 amendments), which                                  ACTHAR GEL SYNTHETIC may be
                                                                                                                          authorized the approval of duplicate                          employed in the following disorders:
                                                  Mary Jones,                                                             versions of drug products under an                               Endocrine Disorders: Nonsuppurative
                                                  ACF/OPRE Certifying Officer.                                            ANDA procedure. ANDA applicants                               thyroiditis; Hypercalcemia associated
                                                                                                                          must, with certain exceptions, show that                      with cancer.
mstockstill on DSK3G9T082PROD with NOTICES




                                                  [FR Doc. 2017–01276 Filed 1–19–17; 8:45 am]
                                                  BILLING CODE 4184–01–P                                                  the drug for which they are seeking                              Nervous System Diseases: Acute
                                                                                                                          approval contains the same active                             exacerbations of multiple sclerosis.
                                                                                                                          ingredient in the same strength and                              Rheumatic Disorders: As adjunctive
                                                                                                                          dosage form as the ‘‘listed drug,’’ which                     therapy for short-term administration (to
                                                                                                                          is a version of the drug that was                             tide the patient over an acute episode or
                                                                                                                          previously approved. ANDA applicants                          exacerbation) in: Psoriatic arthritis;
                                                                                                                          do not have to repeat the extensive                           rheumatoid arthritis, including juvenile


                                             VerDate Sep<11>2014        19:02 Jan 19, 2017        Jkt 241001      PO 00000       Frm 00055      Fmt 4703      Sfmt 4703   E:\FR\FM\23JAN1.SGM   23JAN1


                                                  7838                          Federal Register / Vol. 82, No. 13 / Monday, January 23, 2017 / Notices

                                                  rheumatoid arthritis (selected cases may                   Armour never marketed ACTHAR                          corticotropin.2 However, since approval,
                                                  require low-dose maintenance therapy);                  GEL SYNTHETIC (seractide acetate)                        the Agency has learned that ACTHAR
                                                  ankylosing spondylitis; acute and                       injection, 80 units/mL and 40 units/mL.                  GEL SYNTHETIC is not identical to the
                                                  subacute bursitis; acute non-specific                   In previous instances (see, e.g., 72 FR                  human corticotropin sequence. We now
                                                  tenosynovitis; acute gouty arthritis;                   9763, March 5, 2007 and 61 FR 25497,                     know that the amino acid sequence
                                                  post-traumatic arthritis; synovitis of                  May 21, 1996), the Agency has                            described by Lee et al. is a deamidated
                                                  osteoarthritis; epicondylitis.                          determined that for purposes of                          version of human corticotropin that
                                                     Collagen Diseases: During an                         §§ 314.161 and 314.162, never                            differs from full length human
                                                  exacerbation or as maintenance therapy                  marketing an approved drug product is                    corticotropin at four positions.3
                                                  in selected cases of: Systemic lupus                    equivalent to withdrawing the drug                          The fact that ACTHAR GEL
                                                  erythematosus; systemic                                 from sale. FDA withdrew approval of                      SYNTHETIC has a different amino acid
                                                  dermatomyositis (polymyositis); acute                   the NDA for ACTHAR GEL SYNTHETIC                         sequence from human corticotropin
                                                  rheumatic carditis.                                     in 2014 because Armour had repeatedly                    raises significant safety concerns. Due to
                                                     Dermatologic Diseases: Pemphigus;                    failed to file annual reports for the                    its different amino acid sequence,
                                                  bullous dermatitis herpetiformis; severe                application (79 FR 68454, November 17,                   ACTHAR GEL SYNTHETIC might have
                                                  erythema multiforme (Stevens-Johnson                    2014).                                                   a structure or function that is not
                                                  syndrome); exfoliative dermatitis; severe                                                                        recognized as endogenous by the
                                                  psoriasis; severe seborrheic dermatitis;                   Hyman, Phelps & McNamara, P.C.,
                                                                                                                                                                   immune system. ACTHAR GEL
                                                  mycosis fungoides.                                      submitted a citizen petition dated April
                                                                                                                                                                   SYNTHETIC thus poses a higher risk of
                                                     Allergic States: Control of severe or                1, 2014 (Docket No. FDA–2014–P–
                                                                                                                                                                   immunogenicity than a synthetic
                                                  incapacitating allergic conditions                      0377), under 21 CFR 10.30, requesting
                                                                                                                                                                   peptide product that is, in fact, identical
                                                  intractable to adequate trials of                       that the Agency determine whether
                                                                                                                                                                   to human corticotropin. The health
                                                  conventional treatment—seasonal or                      ACTHAR GEL SYNTHETIC (seractide
                                                                                                                                                                   consequences of immunogenicity range
                                                  perennial allergic rhinitis; bronchial                  acetate) injection, 80 units/mL and 40
                                                                                                                                                                   from subacute, minor reactions to
                                                  asthma; contact dermatitis; atopic                      units/mL, was withdrawn from sale for
                                                                                                                                                                   severe, even deadly, reactions (e.g.,
                                                  dermatitis; serum sickness.                             reasons of safety or effectiveness.
                                                                                                                                                                   anaphylaxis). In addition, frequent
                                                     Ophthalmic Diseases: Severe acute                    II. Response to Citizen Petition                         stimulation of the immune system could
                                                  and chronic allergic and inflammatory                                                                            produce antibodies that cross-react with
                                                  processes involving the eye and its                        We have carefully reviewed the                        human corticotropin and other closely
                                                  adnexa such as: Allergic conjunctivitis;                citizen petition (and comments                           related endogenous peptides, resulting
                                                  keratitis; herpes zoster ophthalmicus;                  submitted to the docket); our records for                in the loss of those peptides’
                                                  iritis and iridocyclitis; diffuse posterior             ACTHAR GEL SYNTHETIC (seractide                          physiological functions. Such an effect
                                                  uveitis and choroiditis; optic neuritis;                acetate) injection, 80 units/mL and 40                   could last long after treatment with
                                                  sympathetic ophthalmia; chorioretinitis;                units/mL; the scientific literature on                   ACTHAR GEL SYNTHETIC has
                                                  anterior segment inflammation; allergic                 seractide acetate; and other relevant                    stopped.
                                                  corneal marginal ulcers.                                information. Based on that review, and                      The safety concerns noted in this
                                                     Respiratory Diseases: Symptomatic                    for the reasons set forth in this section,               section have not been adequately
                                                  sarcoidosis; Loeffler’s syndrome not                    we have concluded that additional                        investigated. ACTHAR GEL
                                                  manageable by other means; berylliosis;                 studies of safety would be necessary                     SYNTHETIC was studied in two clinical
                                                  fulminating or disseminated pulmonary                   before ACTHAR GEL SYNTHETIC could                        trials in 51 healthy adult men between
                                                  tuberculosis when used concurrently                     be considered for introduction to the                    21 and 54 years old. Although no
                                                  with anti-tuberculous chemotherapy;                     market today. Consequently, FDA has                      unusual adverse effects were reported
                                                  aspiration pneumonitis.                                 determined under § 314.161 that                          during these trials, the trials did not
                                                     Hematologic Disorders: Acquired                      ACTHAR GEL SYNTHETIC (seractide                          assess the impact of immunogenicity on
                                                  (autoimmune) hemolytic anemia;                          acetate) injection, 80 units/mL and 40                   safety. Nor were they designed to assess
                                                  secondary thrombocytopenia in adults;                   units/mL, was withdrawn for reasons of                   immunogenicity. Moreover, because
                                                  erythroblastopenia (RBC anemia);                        safety.1                                                 ACTHAR GEL SYNTHETIC was never
                                                  congenital (erythroid) hypoplastic
                                                                                                            The labeling for ACTHAR GEL                            marketed, the Agency has no
                                                  anemia.
                                                     Neoplastic Diseases: For palliative                  SYNTHETIC describes the product as ‘‘a                   postmarketing safety data or information
                                                  management of: Leukemias and                            highly purified synthetic polypeptide                    confirming that the product is safe for
                                                  lymphomas in adults; acute leukemia of                  containing thirty-nine amino acids in                    human use, notwithstanding the
                                                  childhood.                                              the sequence described for human                         differences between ACTHAR GEL
                                                     Edematous State: To induce a diuresis                corticotropin by Lee, T.H.; Lerner, A.B.;                SYNTHETIC’s amino acid sequence and
                                                  or a remission of proteinuria in the                    and Buettner-Janusch, Vina (J. Biol                      that of human corticotropin. Given the
                                                  nephrotic syndrome without uremia of                    Chem, 236:2970–2974, Nov. 1961)’’                        lack of any premarket or postmarket
                                                  the idiopathic type or that due to lupus                (Refs. 1 and 2). At the time of ACTHAR
                                                                                                                                                                     2 The Agency’s Institutional Summary of Basis of
                                                  erythematosus.                                          GEL SYNTHETIC’s approval, FDA
                                                                                                                                                                   Approval (Ref. 3) describes ACTHAR GEL
                                                     Gastrointestinal Diseases: To tide the               believed the amino acid sequence                         SYNTHETIC as ‘‘a synthetic peptide of 39 amino
                                                  patient over a critical period of the                   described by Lee et al. was the correct                  acids identical with that of natural human’’
                                                  disease in: Ulcerative colitis; regional                sequence for human corticotropin and,                    corticotropin.
                                                  enteritis.                                              therefore, that ACTHAR GEL                                 3 The record for human pro-opiomelanocortin
mstockstill on DSK3G9T082PROD with NOTICES




                                                                                                          SYNTHETIC was identical to human                         preproprotein in the National Center for
                                                     Miscellaneous: Tuberculous                                                                                    Biotechnology Information’s ‘‘Protein’’ database
                                                  meningitis with subarachnoid block or                                                                            (Reference Sequence NP_000930.1) contains the
                                                  impending block when concurrently                         1 In light of this conclusion, it is unnecessary for   correct amino acid sequence for human
                                                  accompanied by appropriate anti-                        us to determine whether ACTHAR GEL                       corticotropin. The record is available at the
                                                                                                          SYNTHETIC was also withdrawn from sale for               following URL: https://www.ncbi.nlm.nih.gov/
                                                  tuberculous chemotherapy; trichinosis                   reasons of effectiveness. This notice does not           protein/NP_000930.1. The sequence described by
                                                  with neurologic or myocardial                           address the effectiveness of ACTHAR GEL                  Lee et al. differs from the correct sequence at
                                                  involvement.                                            SYNTHETIC for its labeled indications.                   positions 25–27 and 30.



                                             VerDate Sep<11>2014   19:02 Jan 19, 2017   Jkt 241001   PO 00000   Frm 00056   Fmt 4703   Sfmt 4703   E:\FR\FM\23JAN1.SGM    23JAN1


                                                                                Federal Register / Vol. 82, No. 13 / Monday, January 23, 2017 / Notices                                             7839

                                                  immunogenicity safety data, FDA                         ADDRESSES:   To ensure that comments on                determines substantial equivalence after
                                                  cannot conclude that ACTHAR GEL                         the information collection are received,               reviewing an applicant’s premarket
                                                  SYNTHETIC would be safe for human                       OMB recommends that written                            notification submitted in accordance
                                                  use if it were introduced to the market                 comments be faxed to the Office of                     with section 510(k) of the FD&C Act (21
                                                  today.                                                  Information and Regulatory Affairs,                    U.S.C. 360(k)). Postamendments devices
                                                    Accordingly, the Agency will remove                   OMB, Attn: FDA Desk Officer, FAX:                      determined by FDA to be not
                                                  ACTHAR GEL SYNTHETIC (seractide                         202–395–7285, or emailed to oira_                      substantially equivalent to either
                                                  acetate) injection, 80 units/mL and 40                  submission@omb.eop.gov. All                            preamendments devices or
                                                  units/mL, from the list of drug products                comments should be identified with the                 postamendments devices classified into
                                                  published in the Orange Book. FDA will                  OMB control number 0910–0231. Also                     class I or II are ‘‘new’’ devices and fall
                                                  not accept or approve ANDAs that refer                  include the FDA docket number found                    automatically into class III. Before such
                                                  to this drug product.                                   in brackets in the heading of this                     devices can be marketed, they must
                                                  III. References                                         document.                                              have an approved PMA application or
                                                                                                          FOR FURTHER INFORMATION CONTACT: FDA                   be must reclassified into class I or class
                                                     The following references have been                                                                          II.
                                                  placed on display in the Division of                    PRA Staff, Office of Operations, Food
                                                                                                          and Drug Administration, Three White                       The Food and Drug Modernization
                                                  Dockets Management (HFA–305), Food                                                                             Act of 1997 (FDAMA) (Pub. L. 105–115)
                                                  and Drug Administration, 5630 Fishers                   Flint North 10A63, 11601 Landsdown
                                                                                                          St., North Bethesda, MD 20852,                         was enacted on November 21, 1997, to
                                                  Lane, Rm. 1061, Rockville, MD 20852,
                                                                                                          PRAStaff@fda.hhs.gov.                                  implement revisions to the FD&C Act by
                                                  and are available for viewing by
                                                                                                          SUPPLEMENTARY INFORMATION: In
                                                                                                                                                                 streamlining the process of bringing safe
                                                  interested persons between 9 a.m. and 4
                                                                                                          compliance with 44 U.S.C. 3507, FDA                    and effective drugs, medical devices,
                                                  p.m., Monday through Friday; they are
                                                                                                          has submitted the following proposed                   and other therapies to the U.S. market.
                                                  also available electronically at https://
                                                                                                          collection of information to OMB for                   FDAMA added section 515(d)(6) to the
                                                  www.regulations.gov.
                                                                                                          review and clearance.                                  FD&C Act (21 U.S.C. 360e(d)(6)), which
                                                  1. Armour Pharmaceutical Co., ‘‘ACTHAR®                                                                        provided that PMA supplements were
                                                       Gel Synthetic (SERACTIDE ACETATE),                 Premarket Approval of Medical                          required for all device changes that
                                                       Synthetic Corticotropin,’’ Product                 Devices—OMB Control Number 0910–
                                                       Labeling, 1979.
                                                                                                                                                                 affect safety and effectiveness unless
                                                  2. Lee, T. H., A. B. Lerner, and V. Buettner-           0231—Extension                                         such changes are modifications to
                                                       Janusch, ‘‘On the Structure of Human                  Under section 515 of the Federal                    manufacturing procedures or method of
                                                       Corticotropin (Adrenocorticotropic                 Food, Drug, and Cosmetic Act (the                      manufacture. That type of
                                                       Hormone),’’ The Journal of Biological              FD&C Act) (21 U.S.C. 360e) all devices                 manufacturing change will require a 30-
                                                       Chemistry, vol. 236, pp. 2970–2974,                                                                       day notice, or where FDA finds such
                                                       1961.
                                                                                                          placed into class III by FDA are subject
                                                                                                          to premarket approval (PMA)                            notice inadequate, a 135-day PMA
                                                  3. FDA, ‘‘Seractide Acetate: Institutional
                                                                                                          requirements. PMA is the process of                    supplement.
                                                       Summary of Basis of Approval,’’ August
                                                       22, 1977.                                          scientific and regulatory review to                        The implementing regulations,
                                                                                                          ensure the safety and effectiveness of                 contained in part 814 (21 CFR part 814),
                                                    Dated: January 13, 2017.
                                                                                                          class III devices. An approved PMA is,                 further specify the contents of a PMA
                                                  Leslie Kux,                                                                                                    for a medical device and the criteria
                                                                                                          in effect, a private license granted to the
                                                  Associate Commissioner for Policy.                                                                             FDA will employ in approving, denying,
                                                                                                          applicant for marketing a particular
                                                  [FR Doc. 2017–01249 Filed 1–19–17; 8:45 am]                                                                    or withdrawing approval of a PMA and
                                                                                                          medical device. A class III device that
                                                  BILLING CODE 4164–01–P
                                                                                                          fails to meet PMA requirements is                      supplements to PMAs. The regulations’
                                                                                                          considered to be adulterated under                     purpose is to establish an efficient and
                                                                                                          section 501(f) of the FD&C Act (21                     thorough procedure for FDA’s review of
                                                  DEPARTMENT OF HEALTH AND                                                                                       PMAs and supplements to PMAs for
                                                                                                          U.S.C. 351(f)) and cannot be marketed.
                                                  HUMAN SERVICES                                                                                                 class III medical devices. The
                                                                                                          PMA requirements apply differently to
                                                                                                          preamendments devices,                                 regulations facilitate the approval of
                                                  Food and Drug Administration
                                                                                                          postamendments devices, and                            PMAs and supplements to PMAs for
                                                  [Docket No. FDA–2013–N–0825]                            transitional class III devices.                        devices that have been shown to be
                                                                                                             Manufacturers of class III                          reasonably safe and effective and
                                                  Agency Information Collection                           preamendments devices, devices that                    otherwise meet the statutory criteria for
                                                  Activities; Submission for Office of                    were in commercial distribution before                 approval. The regulations also ensure
                                                  Management and Budget Review;                           May 28, 1976, are not required to submit               the denial of PMAs and supplements to
                                                  Comment Request; Premarket                              a PMA until 30 months after the                        PMAs for devices that have not been
                                                  Approval of Medical Devices                             issuance of a final classification                     shown to be reasonably safe and
                                                  AGENCY:    Food and Drug Administration,                regulation or until 90 days after the                  effective and that do not otherwise meet
                                                  HHS.                                                    publication of a final regulation                      the statutory criteria for approval.
                                                  ACTION:   Notice.                                       requiring the submission of a PMA,                         The industry-wide burden estimate
                                                                                                          whichever period is later. FDA may                     for PMAs is based on an FDA average
                                                  SUMMARY:   The Food and Drug                            allow more than 90 days after issuance                 fiscal year (FY) annual rate of receipt of
                                                  Administration (FDA) is announcing                      of a final rule for submission of a PMA.               PMA submissions data FYs 2013
                                                  that a proposed collection of                              A postamendments device is one that                 through 2015 and our expectation of
mstockstill on DSK3G9T082PROD with NOTICES




                                                  information has been submitted to the                   was first distributed commercially on or               submissions to come in the next few
                                                  Office of Management and Budget                         after May 28, 1976. Postamendments                     years. The burden data for PMAs is
                                                  (OMB) for review and clearance under                    devices determined by FDA to be                        based on data provided by applicants by
                                                  the Paperwork Reduction Act of 1995.                    substantially equivalent to                            device type and cost element in an
                                                  DATES: Fax written comments on the                      preamendments class III devices are                    earlier study.
                                                  collection of information by February                   subject to the same requirements as the                    Reporting Burden: The reporting
                                                  22, 2017.                                               preamendments devices. FDA                             burden can be broken out by certain


                                             VerDate Sep<11>2014   19:02 Jan 19, 2017   Jkt 241001   PO 00000   Frm 00057   Fmt 4703   Sfmt 4703   E:\FR\FM\23JAN1.SGM   23JAN1



Document Created: 2017-01-20 01:29:52
Document Modified: 2017-01-20 01:29:52
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 E. Markert, Center for Drug Evaluation and Research, Food and Drug Administration, 10903 New Hampshire Ave., Bldg. 51, Rm. 6222, Silver Spring, MD 20993-0002, 301- 796-0752.
FR Citation82 FR 7837 

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