Neurologique
info@neurologique.org
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Neurology patient care, education and research. Dr. Daniel Kantor specializes in MS (Multiple Sclerosis and migraine / headache medicine.
Disappointing baby steps: no surprise.
Merck KGaA and EMD Serono released that the FDA did not accept the NDA submission for oral Cladribine (Mylinax/Movectro) submitted on September 30th 2009.
This ‘Refuse to File’ letter means that the FDA is saving its time by not even reviewing the full NDA submission because of potential flaws in the submission. Under Title 21, CFR (Code of Federal Regulations) 314.101, the FDA must notify the applicant within 60 days of the submission if they will refuse to file (RTF) the application.
This raises several questions:
1. Did the FDA only tell EMD Serono about the RTF on November 30th 2009? I find it hard to believe that the FDA would hold out until the last day (60 days from 09/30/09). Instead, it seems more likely that EMD Serono knew bout the FDA’s decision earlier than the press release (just as it knew about the disappointing results of REGARD well before it finally released the results).
2. The next step for EMD Serono is to request in writing within 30 days of the date of the agency’s notification an informal conference with the agency about whether the agency should file the application. So, if EMD Serono knew about the RTF letter prior to 11/30/09, then why wouldn’t the company have already requested a meeting with the FDA? (the EMD Serono News Release states that “EMD Serono plans too request a meeting …”)
3. Requesting the meeting is crucial, since the date of filing is reset (and further delayed) for another 60 days. There must, therefore, be a major deficiency in the application – so let’s explore 21 CFR 314.101 (d) and (e).
Under 21 CFR 314.101(d), the FDA ‘may’ refuse to file an application for several reasons, most of which seem unlikely to be the reason for the RTF decision:
Technical reasons:
314.101(d)(1) – The application does not contain a completed FDA form; 314.101(d)(2) – The application is not submitted in the form required under 314.50;
314.101(d)(4) – The applicant fails to submit a complete environmental assessment …;
314.101(d)(5) – The application does not contain an accurate and complete English translation …;
314.101(d)(6) – The application does not not contain a statement for each nonclinical laboratory study that it was conducted in compliance with the requirements set forth in part 58 …
314.101(d)(7) – The application does not contain a statement for each clinical study that it was conducted in compliance with the institutional review board regulations in part 56 …;
314.101(d)(8) – The drug product that is the subject of the submission is already covered by an approved application;
314.101(d)(9) – The application is submitted as a 505(b)(2) application for a drug that is a duplicate of a listed drug and is eligible for approval under section 505(j) of the act.
Under 314.101(e), the agency will refuse to file an application or will consider an abbreviated new drug application not to have been received for other technical reasons regarding the drug product itself.
It seems hard to believe that EMD Serono would have made a mistake as simple as not sending three copies (an archival copy, a review copy and a field copy). When I have submitted IND (investigational new drug) applications, I had no problem doing so (although the coloring of the binders is a little confusing).
I believe that the reason for the RTF falls under 314.101(d)(3):
CLARITY is only one trial and an application that only contains one adequate and well-controlled study.
But this is unless agreement to utilize single-control trial with Agency.
So wasn’t this agreement made?
The same could be argued for Acorda’s submission of Fampridine-SR and then the FDA’s briefing to the Central and Peripheral Nervous System Drugs Advisory Committee, although the issues raised in the briefing were recanted by a more senior FDA representative (but this was only after discussion had been ongoing and it is difficult to believe that other members of the FDA team were not aware of the content of the briefing until the Advisory Committee – all analysts and investors were and we discussed it in this blog). So, the FDA may be recanting its previous agreement with EMD Serono to accept an NDA application without 2 trials.
Also, the RTF seems much more serious than the formatting issues and request for more information that Acorda received earlier regarding Fampridine-SR.
The seriousness of the RTF has affected Merck KGaA stock and may allow Novartis’ Fingolimod (FTY720) to overtake Cladribine as the first oral medication for RRMS (Fampridine-SR will be the first oral medication for MS, albeit not disease modifying).
EMD Serono has been delayed by at least 60 days, and if Novartis files (using its two trials – TRANSFORMS and FREEDOMS) with the FDA prior to that, it may be able to be approved prior to Cladribine (or at least around the same time), but the lack of an EMEA application raises the question of when Novartis will file with the FDA.
Patience is key.