83_FR_2466 83 FR 2455 - Delcor Asset Corp. et al.; Withdrawal of Approval of 22 Abbreviated New Drug Applications

83 FR 2455 - Delcor Asset Corp. et al.; Withdrawal of Approval of 22 Abbreviated New Drug Applications

DEPARTMENT OF HEALTH AND HUMAN SERVICES
Food and Drug Administration

Federal Register Volume 83, Issue 11 (January 17, 2018)

Page Range2455-2456
FR Document2018-00695

The Food and Drug Administration (FDA or Agency) is withdrawing approval of 22 abbreviated new drug applications (ANDAs) from multiple applicants. The holders of the applications notified the Agency in writing that the drug products were no longer marketed and requested that the approval of the applications be withdrawn.

Federal Register, Volume 83 Issue 11 (Wednesday, January 17, 2018)
[Federal Register Volume 83, Number 11 (Wednesday, January 17, 2018)]
[Notices]
[Pages 2455-2456]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-00695]


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

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2017-N-0002]


Delcor Asset Corp. et al.; Withdrawal of Approval of 22 
Abbreviated New Drug Applications

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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

SUMMARY: The Food and Drug Administration (FDA or Agency) is 
withdrawing approval of 22 abbreviated new drug applications (ANDAs) 
from multiple applicants. The holders of the applications notified the 
Agency in writing that the drug products were no longer marketed and 
requested that the approval of the applications be withdrawn.

DATES: Approval is withdrawn as of February 16, 2018.

FOR FURTHER INFORMATION CONTACT: Trang Tran, Center for Drug Evaluation 
and Research, Food and Drug Administration, 10903 New Hampshire Ave., 
Bldg. 75, Rm. 1671, Silver Spring, MD 20993-0002, 240-402-7945, 
[email protected].

SUPPLEMENTARY INFORMATION: The holders of the applications listed in 
table 1 have informed FDA that these drug products are no longer 
marketed and have requested that FDA withdraw approval of the 
applications under the process in Sec.  314.150(c) (21 CFR 314.150(c)). 
The applicants have also, by their requests, waived their opportunity 
for a hearing. Withdrawal of approval of an application or abbreviated 
application under Sec.  314.150(c) is without prejudice to refiling.

                              Table 1--ANDAs for Which FDA Is Withdrawing Approval
----------------------------------------------------------------------------------------------------------------
          Application No.                             Drug                                Applicant
----------------------------------------------------------------------------------------------------------------
ANDA 060577........................  Mycostatin (nystatin) Vaginal          Delcor Asset Corp., 411 South State
                                      Tablets, 100,000 units.                St., Suite E-100, Newtown, PA
                                                                             18940.
ANDA 063302........................  Cefamandole Nafate for Injection.....  ACS Dobfar SpA, c/o Interchem Corp.,
                                                                             120 Route 17 North, Paramus, NJ
                                                                             07653.
ANDA 070462........................  Diazepam Tablets USP, 2 milligrams     Virtus Pharmaceuticals, 12 Penns
                                      (mg).                                  Trail, Newtown, PA 18940.
ANDA 070463........................  Diazepam Tablets USP, 5 mg...........  Do.
ANDA 070998........................  Potassium Chloride Extended-Release    Future Pak, Ltd., 28115 Lakeview
                                      Tablets, 8 milliequivalents (mEq).     Dr., Wixom, MI 48393.
ANDA 070999........................  Potassium Chloride Extended-Release    Do.
                                      Tablets, 10 mEq.

[[Page 2456]]

 
ANDA 075375........................  Diltiazem Hydrochloride (HCl)          Mylan Laboratories, Ltd., c/o Mylan
                                      Injection, 5 mg/milliliter (mL).       Pharmaceuticals, Inc., 781 Chestnut
                                                                             Ridge Rd., P.O. Box 4310,
                                                                             Morgantown, WV 26504.
ANDA 076911........................  Clorazepate Dipotassium Tablets USP,   Sun Pharmaceutical Industries, Ltd.,
                                      3.75 mg, 7.5 mg, and 15 mg.            c/o Sun Pharmaceutical Industries,
                                                                             Inc., 2 Independence Way,
                                                                             Princeton, NJ 08540.
ANDA 077102........................  Calcitriol Injection, 0.001 mg/mL....  Sagent Pharmaceuticals, Inc., 1901
                                                                             N. Roselle Rd., Suite 450,
                                                                             Schaumburg, IL 60195.
ANDA 084656........................  Acetaminophen and Codeine Phosphate    Roxane Laboratories, Inc., 1809
                                      Tablets USP, 300 mg/30 mg.             Wilson Rd., Columbus, OH 43228.
ANDA 087977........................  Diphenhydramine HCl Capsules, 25 mg..  LNK International, Inc., 145
                                                                             Ricefield Ln., Hauppauge, NY 11788.
ANDA 088676........................  Methylprednisolone Sodium Succinate    LyphoMed, Division of Fujisawa USA,
                                      for Injection USP, Equivalent to 40    Inc., 2045 North Cornell Ave.,
                                      mg base/vial.                          Melrose Park, IL 60160.
ANDA 089080........................  Acetaminophen and Codeine Phosphate    Purepac Pharmaceutical Co., 200
                                      Tablets USP, 300 mg/30 mg.             Elmora Ave., Elizabeth, NJ 07207.
ANDA 089183........................  Acetaminophen and Codeine Phosphate    Superpharm Corp., 1769 Fifth Ave.,
                                      Tablets USP, 300 mg/15 mg.             Bayshore, NY 11706.
ANDA 089253........................  Acetaminophen and Codeine Phosphate    Do.
                                      Tablets USP, 300 mg/30 mg.
ANDA 089219........................  Procainamide HCl Capsules USP, 250     IDT Australia, Ltd., c/o Facet Life
                                      mg, 375 mg, and 500 mg.                Sciences, Inc., 6122 Stone Wolfe
                                                                             Dr., Glen Carbon, IL 62034.
ANDA 089254........................  Acetaminophen and Codeine Phosphate    Do.
                                      Tablets USP, 300 mg/60 mg.
ANDA 089369........................  Procainamide HCl Extended-Release      Do.
                                      Tablets USP, 250 mg, 500 mg, and 750
                                      mg.
ANDA 089481........................  Acetaminophen and Codeine Phosphate    American Therapeutics, Inc., 75
                                      Tablets USP, 300 mg/15 mg.             Carlough Rd., Bohemia, NY 11716.
ANDA 089482........................  Acetaminophen and Codeine Phosphate    Do.
                                      Tablets USP, 300 mg/30 mg.
ANDA 089483........................  Acetaminophen and Codeine Phosphate    Do.
                                      Tablets USP, 300 mg/60 mg.
ANDA 206711........................  Olanzapine Tablets USP, 2.5 mg, 5 mg,  Ajanta Pharma, Ltd., c/o Ajanta
                                      7.5 mg, 10 mg, 15 mg, and 20 mg.       Pharma USA, Inc., One Grande
                                                                             Commons, 440 U.S. Highway 22 East,
                                                                             Suite 150, Bridgewater, NJ 08807.
----------------------------------------------------------------------------------------------------------------

    Therefore, approval of the applications listed in table 1, and all 
amendments and supplements thereto, is hereby withdrawn as of February 
16, 2018. Introduction or delivery for introduction into interstate 
commerce of products without approved new drug applications violates 
section 301(a) and (d) of the Federal Food, Drug, and Cosmetic Act (21 
U.S.C. 331(a) and (d)). Drug products that are listed in table 1 that 
are in inventory on the date that this notice becomes effective (see 
the DATES section) may continue to be dispensed until the inventories 
have been depleted or the drug products have reached their expiration 
dates or otherwise become violative, whichever occurs first.

    Dated: January 11, 2018.
Leslie Kux,
Associate Commissioner for Policy.
[FR Doc. 2018-00695 Filed 1-16-18; 8:45 am]
 BILLING CODE 4164-01-P



                                                                          Federal Register / Vol. 83, No. 11 / Wednesday, January 17, 2018 / Notices                                                          2455

                                               actual amount of extension that the                       Act: March 31, 2014. FDA has verified the                     Dated: January 11, 2018.
                                               Director of USPTO may award (for                          applicant’s claim that the new drug                         Leslie Kux,
                                               example, half the testing phase must be                   application (NDA) for DAKLINZA (NDA                         Associate Commissioner for Policy.
                                               subtracted as well as any time that may                   206843) was initially submitted on March 31,                [FR Doc. 2018–00675 Filed 1–16–18; 8:45 am]
                                               have occurred before the patent was                       2014.
                                                                                                                                                                     BILLING CODE 4164–01–P
                                               issued), FDA’s determination of the                         3. The date the application was approved:
                                               length of a regulatory review period for                  July 24, 2015. FDA has verified the
                                               a human drug product will include all                     applicant’s claim that NDA 206843 was                       DEPARTMENT OF HEALTH AND
                                               of the testing phase and approval phase                   approved on July 24, 2015.                                  HUMAN SERVICES
                                               as specified in 35 U.S.C. 156(g)(1)(B).
                                                                                                           This determination of the regulatory
                                                  FDA has approved for marketing the                                                                                 Food and Drug Administration
                                               human drug product DAKLINZA                               review period establishes the maximum
                                               (daclatasvir dihydrochloride).                            potential length of a patent extension.                     [Docket No. FDA–2017–N–0002]
                                               DAKLINZA is indicated for use with                        However, the USPTO applies several
                                                                                                         statutory limitations in its calculations                   Delcor Asset Corp. et al.; Withdrawal
                                               sofosbuvir for the treatment of chronic                                                                               of Approval of 22 Abbreviated New
                                               HCV genotype 3 infection. Subsequent                      of the actual period for patent extension.
                                                                                                         In its application for patent extension,                    Drug Applications
                                               to this approval, the USPTO received a
                                               patent term restoration application for                   this applicant seeks 467 days of patent                     AGENCY:   Food and Drug Administration,
                                               DAKLINZA (U.S. Patent No. 8,329,159)                      term extension.                                             HHS.
                                               from Bristol-Myers Squibb Company,                        III. Petitions                                              ACTION:   Notice.
                                               and the USPTO requested FDA’s
                                               assistance in determining this patent’s                      Anyone with knowledge that any of                        SUMMARY:  The Food and Drug
                                               eligibility for patent term restoration. In               the dates as published are incorrect may                    Administration (FDA or Agency) is
                                               a letter dated July 12, 2016, FDA                         submit either electronic or written                         withdrawing approval of 22 abbreviated
                                               advised the USPTO that this human                         comments and, under 21 CFR 60.24, ask                       new drug applications (ANDAs) from
                                               drug product had undergone a                              for a redetermination (see DATES).                          multiple applicants. The holders of the
                                               regulatory review period and that the                     Furthermore, as specified in § 60.30 (21                    applications notified the Agency in
                                               approval of DAKLINZA represented the                      CFR 60.30), any interested person may                       writing that the drug products were no
                                               first permitted commercial marketing or                                                                               longer marketed and requested that the
                                                                                                         petition FDA for a determination
                                               use of the product. Thereafter, the                                                                                   approval of the applications be
                                                                                                         regarding whether the applicant for
                                               USPTO requested that FDA determine                                                                                    withdrawn.
                                                                                                         extension acted with due diligence
                                               the product’s regulatory review period.                                                                               DATES:  Approval is withdrawn as of
                                                                                                         during the regulatory review period. To
                                               II. Determination of Regulatory Review                    meet its burden, the petition must                          February 16, 2018.
                                               Period                                                    comply with all the requirements of                         FOR FURTHER INFORMATION CONTACT:
                                                  FDA has determined that the                            § 60.30, including but not limited to:                      Trang Tran, Center for Drug Evaluation
                                               applicable regulatory review period for                   Must be timely (see DATES), must be                         and Research, Food and Drug
                                               DAKLINZA is 2,808 days. Of this time,                     filed in accordance with § 10.20, must                      Administration, 10903 New Hampshire
                                               2,327 days occurred during the testing                    contain sufficient facts to merit an FDA                    Ave., Bldg. 75, Rm. 1671, Silver Spring,
                                               phase of the regulatory review period,                    investigation, and must certify that a                      MD 20993–0002, 240–402–7945,
                                               while 481 days occurred during the                        true and complete copy of the petition                      Trang.Tran@fda.hhs.gov.
                                               approval phase. These periods of time                     has been served upon the patent                             SUPPLEMENTARY INFORMATION: The
                                               were derived from the following dates:                    applicant. (See H. Rept. 857, part 1, 98th                  holders of the applications listed in
                                                 1. The date an exemption under section                  Cong., 2d sess., pp. 41–42, 1984.)                          table 1 have informed FDA that these
                                               505(i) of the Federal Food, Drug, and                     Petitions should be in the format                           drug products are no longer marketed
                                               Cosmetic Act (the FD&C Act) (21 U.S.C.                    specified in 21 CFR 10.30.                                  and have requested that FDA withdraw
                                               355(i)) became effective: November 17, 2007.                                                                          approval of the applications under the
                                               The applicant claims November 16, 2007, as                   Submit petitions electronically to                       process in § 314.150(c) (21 CFR
                                               the date the investigational new drug                     https://www.regulations.gov at Docket                       314.150(c)). The applicants have also,
                                               application (IND) became effective. However,              No. FDA–2013–S–0610. Submit written                         by their requests, waived their
                                               FDA records indicate that the IND effective               petitions (two copies are required) to the
                                               date was November 17, 2007, which was 30
                                                                                                                                                                     opportunity for a hearing. Withdrawal
                                                                                                         Dockets Management Staff (HFA–305),                         of approval of an application or
                                               days after FDA receipt of the IND.
                                                 2. The date the application was initially               Food and Drug Administration, 5630                          abbreviated application under
                                               submitted with respect to the human drug                  Fishers Lane, Rm. 1061, Rockville, MD                       § 314.150(c) is without prejudice to
                                               product under section 505(b) of the FD&C                  20852.                                                      refiling.

                                                                                      TABLE 1—ANDAS FOR WHICH FDA IS WITHDRAWING APPROVAL
                                                   Application No.                                          Drug                                                                  Applicant

                                               ANDA 060577 ..........     Mycostatin (nystatin) Vaginal Tablets, 100,000 units ...........              Delcor Asset Corp., 411 South State St., Suite E–100,
                                                                                                                                                          Newtown, PA 18940.
ethrower on DSK3G9T082PROD with NOTICES




                                               ANDA 063302 ..........     Cefamandole Nafate for Injection .........................................    ACS Dobfar SpA, c/o Interchem Corp., 120 Route 17
                                                                                                                                                          North, Paramus, NJ 07653.
                                               ANDA 070462 ..........     Diazepam Tablets USP, 2 milligrams (mg) ..........................            Virtus Pharmaceuticals, 12 Penns Trail, Newtown, PA
                                                                                                                                                          18940.
                                               ANDA 070463 ..........     Diazepam Tablets USP, 5 mg ..............................................     Do.
                                               ANDA 070998 ..........     Potassium Chloride Extended-Release Tablets, 8 milli-                         Future Pak, Ltd., 28115 Lakeview Dr., Wixom, MI 48393.
                                                                            equivalents (mEq).
                                               ANDA 070999 ..........     Potassium Chloride Extended-Release Tablets, 10 mEq ....                      Do.



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                                               2456                       Federal Register / Vol. 83, No. 11 / Wednesday, January 17, 2018 / Notices

                                                                            TABLE 1—ANDAS FOR WHICH FDA IS WITHDRAWING APPROVAL—Continued
                                                   Application No.                                           Drug                                                                    Applicant

                                               ANDA 075375 ..........     Diltiazem Hydrochloride (HCl) Injection, 5 mg/milliliter (mL)                    Mylan Laboratories, Ltd., c/o Mylan Pharmaceuticals, Inc.,
                                                                                                                                                             781 Chestnut Ridge Rd., P.O. Box 4310, Morgantown,
                                                                                                                                                             WV 26504.
                                               ANDA 076911 ..........     Clorazepate Dipotassium Tablets USP, 3.75 mg, 7.5 mg,                            Sun Pharmaceutical Industries, Ltd., c/o Sun Pharma-
                                                                            and 15 mg.                                                                       ceutical Industries, Inc., 2 Independence Way, Princeton,
                                                                                                                                                             NJ 08540.
                                               ANDA 077102 ..........     Calcitriol Injection, 0.001 mg/mL ...........................................    Sagent Pharmaceuticals, Inc., 1901 N. Roselle Rd., Suite
                                                                                                                                                             450, Schaumburg, IL 60195.
                                               ANDA 084656 ..........     Acetaminophen and Codeine Phosphate Tablets USP, 300                             Roxane Laboratories, Inc., 1809 Wilson Rd., Columbus,
                                                                            mg/30 mg.                                                                        OH 43228.
                                               ANDA 087977 ..........     Diphenhydramine HCl Capsules, 25 mg ..............................               LNK International, Inc., 145 Ricefield Ln., Hauppauge, NY
                                                                                                                                                             11788.
                                               ANDA 088676 ..........     Methylprednisolone Sodium Succinate for Injection USP,                           LyphoMed, Division of Fujisawa USA, Inc., 2045 North
                                                                            Equivalent to 40 mg base/vial.                                                   Cornell Ave., Melrose Park, IL 60160.
                                               ANDA 089080 ..........     Acetaminophen and Codeine Phosphate Tablets USP, 300                             Purepac Pharmaceutical Co., 200 Elmora Ave., Elizabeth,
                                                                            mg/30 mg.                                                                        NJ 07207.
                                               ANDA 089183 ..........     Acetaminophen and Codeine Phosphate Tablets USP, 300                             Superpharm Corp., 1769 Fifth Ave., Bayshore, NY 11706.
                                                                            mg/15 mg.
                                               ANDA 089253 ..........     Acetaminophen and Codeine Phosphate Tablets USP, 300                             Do.
                                                                            mg/30 mg.
                                               ANDA 089219 ..........     Procainamide HCl Capsules USP, 250 mg, 375 mg, and                               IDT Australia, Ltd., c/o Facet Life Sciences, Inc., 6122
                                                                            500 mg.                                                                          Stone Wolfe Dr., Glen Carbon, IL 62034.
                                               ANDA 089254 ..........     Acetaminophen and Codeine Phosphate Tablets USP, 300                             Do.
                                                                            mg/60 mg.
                                               ANDA 089369 ..........     Procainamide HCl Extended-Release Tablets USP, 250                               Do.
                                                                            mg, 500 mg, and 750 mg.
                                               ANDA 089481 ..........     Acetaminophen and Codeine Phosphate Tablets USP, 300                             American Therapeutics, Inc., 75 Carlough Rd., Bohemia,
                                                                            mg/15 mg.                                                                        NY 11716.
                                               ANDA 089482 ..........     Acetaminophen and Codeine Phosphate Tablets USP, 300                             Do.
                                                                            mg/30 mg.
                                               ANDA 089483 ..........     Acetaminophen and Codeine Phosphate Tablets USP, 300                             Do.
                                                                            mg/60 mg.
                                               ANDA 206711 ..........     Olanzapine Tablets USP, 2.5 mg, 5 mg, 7.5 mg, 10 mg, 15                          Ajanta Pharma, Ltd., c/o Ajanta Pharma USA, Inc., One
                                                                            mg, and 20 mg.                                                                   Grande Commons, 440 U.S. Highway 22 East, Suite
                                                                                                                                                             150, Bridgewater, NJ 08807.



                                                  Therefore, approval of the                              DEPARTMENT OF HEALTH AND                                      collection provisions of our veterinary
                                               applications listed in table 1, and all                    HUMAN SERVICES                                                feed directive (VFD) regulation.
                                               amendments and supplements thereto,                                                                                      DATES: Submit either electronic or
                                               is hereby withdrawn as of February 16,                     Food and Drug Administration                                  written comments on the collection of
                                               2018. Introduction or delivery for                                                                                       information by March 19, 2018.
                                               introduction into interstate commerce of                   [Docket No. FDA–2010–N–0155]                                  ADDRESSES: You may submit comments
                                               products without approved new drug                                                                                       as follows. Please note that late,
                                               applications violates section 301(a) and                   Agency Information Collection
                                                                                                          Activities; Proposed Collection;                              untimely filed comments will not be
                                               (d) of the Federal Food, Drug, and                                                                                       considered. Electronic comments must
                                               Cosmetic Act (21 U.S.C. 331(a) and (d)).                   Comment Request; Veterinary Feed
                                                                                                          Directive                                                     be submitted on or before March 19,
                                               Drug products that are listed in table 1                                                                                 2018. The https://www.regulations.gov
                                               that are in inventory on the date that                     AGENCY:      Food and Drug Administration,                    electronic filing system will accept
                                               this notice becomes effective (see the                     HHS.                                                          comments until midnight Eastern Time
                                               DATES section) may continue to be                          ACTION:     Notice.                                           at the end of March 19, 2018. Comments
                                               dispensed until the inventories have                                                                                     received by mail/hand delivery/courier
                                               been depleted or the drug products have                    SUMMARY:   The Food and Drug                                  (for written/paper submissions) will be
                                               reached their expiration dates or                          Administration (FDA, Agency or we) is                         considered timely if they are
                                               otherwise become violative, whichever                      announcing an opportunity for public                          postmarked or the delivery service
                                               occurs first.                                              comment on the proposed collection of                         acceptance receipt is on or before that
                                                                                                          certain information by the Agency.                            date.
                                                 Dated: January 11, 2018.
                                                                                                          Under the Paperwork Reduction Act of
                                               Leslie Kux,                                                                                                              Electronic Submissions
                                                                                                          1995 (PRA), Federal Agencies are
                                               Associate Commissioner for Policy.                         required to publish notice in the                               Submit electronic comments in the
ethrower on DSK3G9T082PROD with NOTICES




                                               [FR Doc. 2018–00695 Filed 1–16–18; 8:45 am]                Federal Register concerning each                              following way:
                                               BILLING CODE 4164–01–P                                     proposed collection of information,                             • Federal eRulemaking Portal:
                                                                                                          including each proposed extension of an                       https://www.regulations.gov. Follow the
                                                                                                          existing collection of information, and                       instructions for submitting comments.
                                                                                                          to allow 60 days for public comment in                        Comments submitted electronically,
                                                                                                          response to the notice. This notice                           including attachments, to https://
                                                                                                          solicits comments on the information                          www.regulations.gov will be posted to


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Document Created: 2018-10-26 09:56:57
Document Modified: 2018-10-26 09:56:57
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.
DatesApproval is withdrawn as of February 16, 2018.
ContactTrang Tran, Center for Drug Evaluation and Research, Food and Drug Administration, 10903 New Hampshire Ave., Bldg. 75, Rm. 1671, Silver Spring, MD 20993-0002, 240-402-7945, [email protected]
FR Citation83 FR 2455 

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