
[Federal Register Volume 75, Number 217 (Wednesday, November 10, 2010)]
[Notices]
[Pages 69088-69089]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-28358]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2009-P-0273]


Determination That Amphetamine Sulfate, 5 and 10 Milligram 
Tablets, Was Not Withdrawn From Sale for Reasons of Safety or 
Effectiveness

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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SUMMARY: The Food and Drug Administration (FDA) has determined that 
Amphetamine sulfate, 5 and 10 milligram (mg) tablets, was not withdrawn 
from sale for reasons of safety or effectiveness. This determination 
will allow FDA to approve abbreviated new drug applications (ANDAs) for 
Amphetamine sulfate, 5 mg and 10 mg tablets, if all other legal and 
regulatory requirements are met.

FOR FURTHER INFORMATION CONTACT: Patrick Raulerson, Center for Drug 
Evaluation and Research, Food and Drug Administration, 10903 New 
Hampshire Ave., Bldg. 51, Rm. 6368, Silver Spring, MD 20993-0002, 301-
796-3522.

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 approved 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 only clinical 
data required in an ANDA are data to show that the drug that is the 
subject of the ANDA is bioequivalent to the listed drug.

[[Page 69089]]

    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). Under Sec.  314.161(a)(1) (21 CFR 314.161(a)(1)), the 
Agency must determine whether a listed drug was withdrawn from sale for 
reasons of safety or effectiveness before an ANDA that refers to that 
listed drug may be approved. FDA may not approve an ANDA that does not 
refer to a listed drug.
    Amphetamine sulfate, 5 mg and 10 mg tablets, is the subject of ANDA 
083901 held by Lannett Company Inc. (Lannett). Amphetamine sulfate is a 
sympathomimetic amine indicated for treatment of narcolepsy, attention 
deficit disorder with hyperactivity, and exogenous obesity, as 
described in the labeling.
    In a letter dated April 4, 1994, Lannett notified FDA that 
Amphetamine sulfate, 5 mg and 10 mg tablets, had been discontinued, and 
FDA moved the drug product to the ``Discontinued Drug Product List'' 
section of the Orange Book.
    Lachman Consultant Services submitted a citizen petition dated June 
12, 2009 (Docket No. FDA-2009-P-0273), under 21 CFR 10.30, requesting 
that the Agency determine whether Amphetamine sulfate, 5 mg and 10 mg 
tablets, was withdrawn from sale for reasons of safety or 
effectiveness.
    After considering the citizen petition and reviewing Agency 
records, FDA has determined under Sec.  314.161 that Amphetamine 
sulfate, 5 mg and 10 mg tablets, was not withdrawn for reasons of 
safety or effectiveness. The petitioner has identified no data or other 
information suggesting that Amphetamine sulfate, 5 mg and 10 mg 
tablets, was withdrawn for reasons of safety or effectiveness. We have 
carefully reviewed our files for records concerning the withdrawal of 
Amphetamine sulfate, 5 mg and 10 mg tablets, from sale. We have also 
independently evaluated relevant literature and data for possible 
postmarketing adverse events and have found no information that would 
indicate that this product was withdrawn from sale for reasons of 
safety or effectiveness.
    Accordingly, the Agency will continue to list Amphetamine sulfate, 
5 mg and 10 mg tablets, 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 Amphetamine sulfate, 5 mg and 10 mg 
tablets, 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: November 3, 2010.
Leslie Kux,
Acting Assistant Commissioner for Policy.
[FR Doc. 2010-28358 Filed 11-9-10; 8:45 am]
BILLING CODE 4160-01-P


