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  • Orange Book Blog is published for informational purposes only; it contains no legal advice whatsoever. Publication of Orange Book Blog does not create an attorney-client relationship. Orange Book Blog is Aaron Barkoff's personal website and it is intended primarily for other attorneys. Orange Book Blog is not edited by McDonnell Boehnen Hulbert & Berghoff LLP ("MBHB") or its clients. Therefore, no part of Orange Book Blog--whether information, commentary, or other--may be attributed to MBHB or its clients. Readers should be aware that MBHB represents many companies in the pharmaceutical and biotechnology industries, and therefore Orange Book Blog may occasionally report on news that relates to MBHB clients. Orange Book Blog will always strive to be unbiased in its reporting. All information on Orange Book Blog should be double-checked for its accuracy and current applicability. -- © Aaron F. Barkoff 2006-08

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October 20, 2006

FDA Announces New "First Generics" Policy for Review of ANDAs

Dr. Steven Galson, Director of the Center for Drug Evaluation and Research (CDER) at the FDA, recently announced a new "First Generics" policy for review of ANDAs.  Under the agency's current "First-In, First-Reviewed" policy, CDER reviews ANDAs in the order in which they are received.  Under the new policy, FDA will make exceptions to the first-come, first-served approach in the following circumstances:

  • an ANDA is received for a first generic (one that has never been approved, and that is not affected by blocking petitions or exclusivities);
  • a public health emergency exists;
  • a nationwide shortage of a drug exists;
  • the ANDA is for a drug that falls under a special program, such as the President's Emergency Plan for AIDS relief.

In these circumstances, CDER will endeavor to complete the ANDA review process within 6 months.

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NOTE:  thanks to Kurt Karst for passing along this news.

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