83_FR_64369 83 FR 64130 - Determination That IC-GREEN (Indocyanine Green for Injection), 10 Milligrams/Vial, 40 Milligrams/Vial, and 50 Milligrams/Vial Were Not Withdrawn From Sale for Reasons of Safety or Effectiveness

83 FR 64130 - Determination That IC-GREEN (Indocyanine Green for Injection), 10 Milligrams/Vial, 40 Milligrams/Vial, and 50 Milligrams/Vial Were Not Withdrawn From Sale for Reasons of Safety or Effectiveness

DEPARTMENT OF HEALTH AND HUMAN SERVICES
Food and Drug Administration

Federal Register Volume 83, Issue 239 (December 13, 2018)

Page Range64130-64131
FR Document2018-26975

The Food and Drug Administration (FDA or Agency) has determined that IC-GREEN (indocyanine green for injection), 10 milligrams (mg)/vial, 40 mg/vial, and 50 mg/vial, was not withdrawn from sale for reasons of safety or effectiveness. This determination will allow FDA to approve abbreviated new drug applications (ANDAs) for indocyanine green for injection, 10 mg/vial, 40 mg/vial, and 50 mg/vial if all other legal and regulatory requirements are met.

Federal Register, Volume 83 Issue 239 (Thursday, December 13, 2018)
[Federal Register Volume 83, Number 239 (Thursday, December 13, 2018)]
[Notices]
[Pages 64130-64131]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-26975]


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

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2018-P-1734]


Determination That IC-GREEN (Indocyanine Green for Injection), 10 
Milligrams/Vial, 40 Milligrams/Vial, and 50 Milligrams/Vial Were Not 
Withdrawn From Sale for Reasons of Safety or Effectiveness

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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

SUMMARY: The Food and Drug Administration (FDA or Agency) has 
determined that IC-GREEN (indocyanine green for injection), 10 
milligrams (mg)/vial, 40 mg/vial, and 50 mg/vial, was not withdrawn 
from sale for reasons of safety or effectiveness. This determination 
will allow FDA to approve abbreviated new drug applications (ANDAs) for 
indocyanine green for injection, 10 mg/vial, 40 mg/vial, and 50 mg/vial 
if all other legal and regulatory requirements are met.

FOR FURTHER INFORMATION CONTACT: Heather A. Dorsey, Center for Drug 
Evaluation and Research, Food and Drug Administration, 10903 New 
Hampshire Ave., Bldg. 51, Rm. 6219, Silver Spring, MD 20993-0002, 301-
796-3601.

SUPPLEMENTARY INFORMATION: In 1984, Congress enacted the Drug Price 
Competition and Patent Term Restoration Act of 1984 (Pub. L. 98-417) 
(the 1984 amendments), which authorized the approval of duplicate 
versions of drug products under an ANDA procedure. ANDA applicants 
must, with certain exceptions, show that the drug for which they are 
seeking approval contains the same active ingredient in the same 
strength and dosage form as the ``listed drug,'' which is a version of 
the drug that was previously approved. ANDA applicants do not have to 
repeat the extensive clinical testing otherwise necessary to gain 
approval of a new drug application (NDA).
    The 1984 amendments include what is now section 505(j)(7) of the 
Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355(j)(7)), which 
requires FDA to publish a list of all approved drugs. FDA publishes 
this list as part of the ``Approved Drug Products with Therapeutic 
Equivalence Evaluations,'' which is known generally as the ``Orange 
Book.'' Under FDA regulations, drugs are removed from the list if the 
Agency withdraws or suspends approval of the drug's NDA or ANDA for 
reasons of safety or effectiveness or if FDA determines that the listed 
drug was withdrawn from sale for reasons of safety or effectiveness (21 
CFR 314.162).
    A person may petition the Agency to determine, or the Agency may 
determine on its own initiative, whether a listed drug was withdrawn 
from sale for reasons of safety or effectiveness. This determination 
may be made at any time after the drug has been withdrawn

[[Page 64131]]

from sale, but must be made prior to approving an ANDA that refers to 
the listed drug (Sec.  314.161 (21 CFR 314.161)). FDA may not approve 
an ANDA that does not refer to a listed drug.
    IC-GREEN (indocyanine green for injection), 10 mg/vial, 25 mg/vial, 
40 mg/vial, and 50 mg/vial, is the subject of NDA 011525, held by 
Akorn, Inc. IC-GREEN (indocyanine green for injection), 25 mg/vial and 
50 mg/vial, became conditionally effective on February 2, 1959. IC-
GREEN (indocyanine green for injection), 10 mg/vial and 40 mg/vial, 
became conditionally effective on March 20, 1967. NDA 011525 was 
included in the Drug Efficacy Study Implementation review, (35 FR 12231 
(July 30, 1970); 42 FR 31495 (June 21, 1977)) and the application was 
approved on August 2, 1989. IC-GREEN (indocyanine green for injection) 
is indicated for determining cardiac output, hepatic function, and 
liver blood flow, and for ophthalmic angiography.
    IC-GREEN (indocyanine green for injection), 10 mg/vial, 40 mg/vial, 
and 50 mg/vial, is currently listed in the ``Discontinued Drug Product 
List'' section of the Orange Book.
    Foley & Lardner LLP submitted a citizen petition dated May 3, 2018 
(Docket No. FDA-2018-P-1734), under 21 CFR 10.30, requesting that the 
Agency determine whether IC-GREEN (indocyanine green for injection), 10 
mg/vial, 40 mg/vial, and 50 mg/vial, was withdrawn from sale for 
reasons of safety or effectiveness. In 1987, IC-GREEN (indocyanine 
green for injection), 10 mg/vial and 40 mg/vial were discontinued from 
marketing. In 1996, Akorn, Inc. discontinued marketing IC-GREEN 
(indocyanine green for injection), 50mg/vial.
    After considering the citizen petition and reviewing Agency 
records, and based on the information we have at this time, FDA has 
determined under Sec.  314.161 that IC-GREEN (indocyanine green for 
injection), 10 mg/vial, 40 mg/vial, and 50 mg/vial, was not withdrawn 
for reasons of safety or effectiveness. The petitioner has identified 
no data or other information suggesting that IC-GREEN (indocyanine 
green for injection), 10 mg/vial, 40 mg/vial, and 50 mg/vial, was 
withdrawn for reasons of safety or effectiveness. We have carefully 
reviewed our files for records concerning the withdrawal of IC-GREEN 
(indocyanine green for injection), 10 mg/vial, 40 mg/vial, and 50 mg/
vial from sale. We have also independently evaluated relevant 
literature and data for possible postmarketing adverse events. We have 
reviewed the available evidence and determined that these drug products 
were not withdrawn from sale for reasons of safety or effectiveness.
    Accordingly, the Agency will continue to list IC-GREEN (indocyanine 
green for injection), 10 mg/vial, 40 mg/vial, and 50 mg/vial, in the 
``Discontinued Drug Product List'' section of the Orange Book. The 
``Discontinued Drug Product List'' delineates, among other items, drug 
products that have been discontinued from marketing for reasons other 
than safety or effectiveness. ANDAs that refer to IC-GREEN (indocyanine 
green for injection), 10 mg/vial, 40 mg/vial, and 50 mg/vial, may be 
approved by the Agency as long as they meet all other legal and 
regulatory requirements for the approval of ANDAs. If FDA determines 
that labeling for this drug product should be revised to meet current 
standards, the Agency will advise ANDA applicants to submit such 
labeling.

    Dated: December 10, 2018.
Leslie Kux,
Associate Commissioner for Policy.
[FR Doc. 2018-26975 Filed 12-12-18; 8:45 am]
 BILLING CODE 4164-01-P



                                              64130                             Federal Register / Vol. 83, No. 239 / Thursday, December 13, 2018 / Notices

                                                                                    RPG CROSS-SITE EVALUATION ANNUALIZED BURDEN ESTIMATES—Continued
                                                                                                                                                                     Number of                   Average
                                                                                                                                        Total number              responses per               burden hours              Estimated total   Total annual
                                                                        Data collection activity                                       of respondents               respondent                per response               burden hours     burden hours
                                                                                                                                                                    (each year)                 (in hours)

                                              Partner survey ......................................................................                     135                          .33                      0.42                56.3            18.8

                                                                                                                            Enrollment, client and service data

                                              Semi-annual progress reports .............................................                                  27                         2                      16.5                 2,673             891
                                              Case enrollment data ...........................................................                            81                        43                      0.25               2,612.3           870.8
                                              Case closure ........................................................................                       81                        43                     0.017                 174.2            58.1
                                              Case closure—prenatal .......................................................                               81                        33                     0.017                 133.7            44.6
                                              Service log entries ...............................................................                        162                     2,288                      0.03                37,065          12,355

                                                                                                                                      Outcome and impact data

                                              Administrative Data:
                                                  Obtain access to administrative data ...........................                                         27                           1                     42.6             3,450.6          1150.2
                                                  Report administrative data ............................................                                  27                           2                      144              23,328           7,776
                                              Standardized instruments:
                                                  Review and adopt reporting templates .........................                                           27                       .33                         8                  216               72
                                                  Data entry for standardized instruments ......................                                           27                       130                      1.25             13,162.5          4,387.5
                                                  Review records and submit ..........................................                                     27                         2                        25                4,050            1,350
                                                  Data entry for comparison study sites (22 grantees) ...                                                  22                       130                      1.25              10,725             3,575

                                                    Estimated Total Burden Hours .....................................                 ........................   ........................   ........................           97,827          32,609



                                                Additional Information: Copies of the                                DEPARTMENT OF HEALTH AND                                                    Restoration Act of 1984 (Pub. L. 98–417)
                                              proposed collection may be obtained by                                 HUMAN SERVICES                                                              (the 1984 amendments), which
                                              writing to the Administration for                                                                                                                  authorized the approval of duplicate
                                              Children and Families, Office of                                       Food and Drug Administration                                                versions of drug products under an
                                              Planning, Research and Evaluation, 330                                 [Docket No. FDA–2018–P–1734]
                                                                                                                                                                                                 ANDA procedure. ANDA applicants
                                              C Street SW, Washington, DC 20201.                                                                                                                 must, with certain exceptions, show that
                                              Attention Reports Clearance Officer. All                               Determination That IC–GREEN                                                 the drug for which they are seeking
                                              requests should be identified by the title                             (Indocyanine Green for Injection), 10                                       approval contains the same active
                                              of the information collection. Email                                   Milligrams/Vial, 40 Milligrams/Vial, and                                    ingredient in the same strength and
                                              address: infocollection@acf.hhs.gov.                                   50 Milligrams/Vial Were Not Withdrawn                                       dosage form as the ‘‘listed drug,’’ which
                                                                                                                     From Sale for Reasons of Safety or                                          is a version of the drug that was
                                                OMB Comment: OMB is required to                                                                                                                  previously approved. ANDA applicants
                                                                                                                     Effectiveness
                                              make a decision concerning the                                                                                                                     do not have to repeat the extensive
                                              collection of information between 30                                   AGENCY:          Food and Drug Administration,                              clinical testing otherwise necessary to
                                              and 60 days after publication of this                                  HHS.                                                                        gain approval of a new drug application
                                              document in the Federal Register.                                      ACTION:      Notice.                                                        (NDA).
                                              Therefore, a comment is best assured of                                                                                                               The 1984 amendments include what
                                              having its full effect if OMB receives it                              SUMMARY:   The Food and Drug                                                is now section 505(j)(7) of the Federal
                                              within 30 days of publication. Written                                 Administration (FDA or Agency) has                                          Food, Drug, and Cosmetic Act (21 U.S.C.
                                              comments and recommendations for the                                   determined that IC–GREEN                                                    355(j)(7)), which requires FDA to
                                              proposed information collection should                                 (indocyanine green for injection), 10                                       publish a list of all approved drugs.
                                              be sent directly to the following: Office                              milligrams (mg)/vial, 40 mg/vial, and 50                                    FDA publishes this list as part of the
                                              of Management and Budget, Paperwork                                    mg/vial, was not withdrawn from sale                                        ‘‘Approved Drug Products with
                                              Reduction Project, Email: OIRA_                                        for reasons of safety or effectiveness.                                     Therapeutic Equivalence Evaluations,’’
                                                                                                                     This determination will allow FDA to                                        which is known generally as the
                                              SUBMISSION@OMB.EOP.GOV, Attn:
                                                                                                                     approve abbreviated new drug                                                ‘‘Orange Book.’’ Under FDA regulations,
                                              Desk Officer for the Administration for
                                                                                                                     applications (ANDAs) for indocyanine                                        drugs are removed from the list if the
                                              Children and Families.
                                                                                                                     green for injection, 10 mg/vial, 40 mg/                                     Agency withdraws or suspends
                                              Robert Sargis,                                                         vial, and 50 mg/vial if all other legal and                                 approval of the drug’s NDA or ANDA
                                              Reports Clearance Officer.                                             regulatory requirements are met.                                            for reasons of safety or effectiveness or
                                              [FR Doc. 2018–27041 Filed 12–12–18; 8:45 am]                           FOR FURTHER INFORMATION CONTACT:                                            if FDA determines that the listed drug
                                              BILLING CODE 4184–01–P
                                                                                                                     Heather A. Dorsey, Center for Drug                                          was withdrawn from sale for reasons of
                                                                                                                     Evaluation and Research, Food and                                           safety or effectiveness (21 CFR 314.162).
amozie on DSK3GDR082PROD with NOTICES1




                                                                                                                     Drug Administration, 10903 New                                                 A person may petition the Agency to
                                                                                                                     Hampshire Ave., Bldg. 51, Rm. 6219,                                         determine, or the Agency may
                                                                                                                     Silver Spring, MD 20993–0002, 301–                                          determine on its own initiative, whether
                                                                                                                     796–3601.                                                                   a listed drug was withdrawn from sale
                                                                                                                     SUPPLEMENTARY INFORMATION: In 1984,                                         for reasons of safety or effectiveness.
                                                                                                                     Congress enacted the Drug Price                                             This determination may be made at any
                                                                                                                     Competition and Patent Term                                                 time after the drug has been withdrawn


                                         VerDate Sep<11>2014        17:12 Dec 12, 2018       Jkt 247001      PO 00000       Frm 00034       Fmt 4703        Sfmt 4703      E:\FR\FM\13DEN1.SGM               13DEN1


                                                                           Federal Register / Vol. 83, No. 239 / Thursday, December 13, 2018 / Notices                                                       64131

                                              from sale, but must be made prior to                          § 314.161 that IC–GREEN (indocyanine                         DEPARTMENT OF HEALTH AND
                                              approving an ANDA that refers to the                          green for injection), 10 mg/vial, 40 mg/                     HUMAN SERVICES
                                              listed drug (§ 314.161 (21 CFR 314.161)).                     vial, and 50 mg/vial, was not withdrawn
                                              FDA may not approve an ANDA that                              for reasons of safety or effectiveness.                      Food and Drug Administration
                                              does not refer to a listed drug.                              The petitioner has identified no data or
                                                 IC–GREEN (indocyanine green for                            other information suggesting that IC–                        [Docket No. FDA–2018–N–4416]
                                              injection), 10 mg/vial, 25 mg/vial, 40                        GREEN (indocyanine green for
                                              mg/vial, and 50 mg/vial, is the subject                       injection), 10 mg/vial, 40 mg/vial, and                      Allied Pharma, Inc., et al.; Withdrawal
                                              of NDA 011525, held by Akorn, Inc. IC–                        50 mg/vial, was withdrawn for reasons                        of Approval of Nine Abbreviated New
                                              GREEN (indocyanine green for                                  of safety or effectiveness. We have                          Drug Applications
                                              injection), 25 mg/vial and 50 mg/vial,                        carefully reviewed our files for records
                                              became conditionally effective on                             concerning the withdrawal of IC–                             AGENCY:    Food and Drug Administration,
                                              February 2, 1959. IC–GREEN                                    GREEN (indocyanine green for                                 HHS.
                                              (indocyanine green for injection), 10                         injection), 10 mg/vial, 40 mg/vial, and                      ACTION:   Notice.
                                              mg/vial and 40 mg/vial, became                                50 mg/vial from sale. We have also
                                              conditionally effective on March 20,                          independently evaluated relevant                             SUMMARY:  The Food and Drug
                                              1967. NDA 011525 was included in the                          literature and data for possible                             Administration (FDA or Agency) is
                                              Drug Efficacy Study Implementation                            postmarketing adverse events. We have                        withdrawing approval of nine
                                              review, (35 FR 12231 (July 30, 1970); 42                      reviewed the available evidence and                          abbreviated new drug applications
                                              FR 31495 (June 21, 1977)) and the                             determined that these drug products                          (ANDAs) from multiple applicants. The
                                              application was approved on August 2,                         were not withdrawn from sale for                             applicants notified the Agency in
                                              1989. IC–GREEN (indocyanine green for                         reasons of safety or effectiveness.                          writing that the drug products were no
                                              injection) is indicated for determining                          Accordingly, the Agency will                              longer marketed and requested that the
                                              cardiac output, hepatic function, and                         continue to list IC–GREEN (indocyanine                       approval of the applications be
                                              liver blood flow, and for ophthalmic                          green for injection), 10 mg/vial, 40 mg/                     withdrawn.
                                              angiography.                                                  vial, and 50 mg/vial, in the
                                                 IC–GREEN (indocyanine green for                            ‘‘Discontinued Drug Product List’’                           DATES: Approval is withdrawn as of
                                              injection), 10 mg/vial, 40 mg/vial, and                       section of the Orange Book. The                              January 14, 2019.
                                              50 mg/vial, is currently listed in the                        ‘‘Discontinued Drug Product List’’                           FOR FURTHER INFORMATION CONTACT:
                                              ‘‘Discontinued Drug Product List’’                            delineates, among other items, drug                          Trang Tran, Center for Drug Evaluation
                                              section of the Orange Book.                                   products that have been discontinued                         and Research, Food and Drug
                                                 Foley & Lardner LLP submitted a                            from marketing for reasons other than                        Administration, 10903 New Hampshire
                                              citizen petition dated May 3, 2018                            safety or effectiveness. ANDAs that refer                    Ave., Bldg. 75, Rm. 1671, Silver Spring,
                                              (Docket No. FDA–2018–P–1734), under                           to IC–GREEN (indocyanine green for                           MD 20993–0002, 240–402–7945,
                                              21 CFR 10.30, requesting that the                             injection), 10 mg/vial, 40 mg/vial, and                      Trang.Tran@fda.hhs.gov.
                                              Agency determine whether IC–GREEN                             50 mg/vial, may be approved by the
                                              (indocyanine green for injection), 10                         Agency as long as they meet all other                        SUPPLEMENTARY INFORMATION:      The
                                              mg/vial, 40 mg/vial, and 50 mg/vial,                          legal and regulatory requirements for                        applicants listed in the table have
                                              was withdrawn from sale for reasons of                        the approval of ANDAs. If FDA                                informed FDA that these drug products
                                              safety or effectiveness. In 1987, IC–                         determines that labeling for this drug                       are no longer marketed and have
                                              GREEN (indocyanine green for                                  product should be revised to meet                            requested that FDA withdraw approval
                                              injection), 10 mg/vial and 40 mg/vial                         current standards, the Agency will                           of the applications under the process
                                              were discontinued from marketing. In                          advise ANDA applicants to submit such                        described in § 314.150(c) (21 CFR
                                              1996, Akorn, Inc. discontinued                                labeling.                                                    314.150(c)). The applicants have also,
                                              marketing IC–GREEN (indocyanine                                                                                            by their requests, waived their
                                                                                                              Dated: December 10, 2018.                                  opportunity for a hearing. Withdrawal
                                              green for injection), 50mg/vial.
                                                 After considering the citizen petition                     Leslie Kux,                                                  of approval of an application or
                                              and reviewing Agency records, and                             Associate Commissioner for Policy.                           abbreviated application under
                                              based on the information we have at this                      [FR Doc. 2018–26975 Filed 12–12–18; 8:45 am]                 § 314.150(c) is without prejudice to
                                              time, FDA has determined under                                BILLING CODE 4164–01–P                                       refiling.

                                                          Application No.                                                   Drug                                                           Applicant

                                              ANDA 073079 .................................   Loperamide Hydrochloride (HCl) Oral Solution, 1                       Allied Pharma, Inc., 20 Corrielle St., Fords, NJ
                                                                                                milligram (mg)/5 milliliters.                                          08863.
                                              ANDA 076741 .................................   Ibuprofen Tablets USP, 100 mg ................................        LNK International, Inc., 145 Ricefield Ln.,
                                                                                                                                                                      Hauppauge, NY 11788.
                                              ANDA 080210 .................................   Lidocaine Ointment, 5% ............................................   Belmora, LLC, 2231 Crystal Dr., #1000, Arlington,
                                                                                                                                                                      VA 22202.
                                              ANDA 085497 .................................   Phendimetrazine Tartrate Tablets, 35 mg .................             Virtus Pharmaceuticals, LLC, 2050 Cabot Blvd.
                                                                                                                                                                      West, 2nd Floor, Langhorne, PA 19047.
                                              ANDA 085695 .................................   Phendimetrazine Tartrate Capsules, 35 mg .............                Do.
                                              ANDA 086365 .................................   Phendimetrazine Tartrate Tablets, 35 mg .................             Do.
amozie on DSK3GDR082PROD with NOTICES1




                                              ANDA 086399 .................................   Theolair (theophylline) Tablets, 125 mg and 250 mg                    Medicis Pharmaceutical Corp., c/o Valeant Pharma-
                                                                                                                                                                       ceuticals North America, LLC, 400 Somerset Cor-
                                                                                                                                                                       porate Blvd., Bridgewater, NJ 08807.
                                              ANDA 087378 .................................   Phendimetrazine Tartrate Extended-Release Cap-                        Virtus Pharmaceuticals, LLC.
                                                                                                sules, 105 mg.
                                              ANDA 202030 .................................   Bromfenac Sodium Ophthalmic Solution, Equivalent                      Amring Pharmaceuticals, Inc., 1235 Westlakes Dr.,
                                                                                                to 0.09% Acid.                                                       Suite 205, Berwyn, PA 19312.



                                         VerDate Sep<11>2014     17:12 Dec 12, 2018    Jkt 247001    PO 00000     Frm 00035    Fmt 4703     Sfmt 4703    E:\FR\FM\13DEN1.SGM      13DEN1



Document Created: 2018-12-13 01:16:01
Document Modified: 2018-12-13 01:16:01
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.
ContactHeather A. Dorsey, Center for Drug Evaluation and Research, Food and Drug Administration, 10903 New Hampshire Ave., Bldg. 51, Rm. 6219, Silver Spring, MD 20993-0002, 301- 796-3601.
FR Citation83 FR 64130 

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