[Federal Register Volume 81, Number 201 (Tuesday, October 18, 2016)]
[Notices]
[Pages 71737-71741]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-25093]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2016-N-3118]


Mallinckrodt Pharmaceuticals; Proposal To Withdraw Approval of an 
Abbreviated New Drug Application for Extended-Release Methylphenidate 
Tablets; Opportunity for a Hearing

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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SUMMARY: The Food and Drug Administration's (FDA or Agency) Center for 
Drug Evaluation and Research (CDER) is proposing to withdraw approval 
of an abbreviated new drug application (ANDA) for methylphenidate 
hydrochloride (HCl) extended-release (ER) tablets and is announcing an 
opportunity for the holder of the ANDA to request a hearing on this 
proposal.

DATES: Mallinckrodt Pharmaceuticals may submit a request for a hearing 
by November 17, 2016. Submit all data, information, and analyses upon 
which the request for a hearing relies by December 19, 2016. Submit 
written or electronic comments by December 19, 2016.

ADDRESSES: The request for a hearing may be submitted by Mallinckrodt 
Pharmaceuticals by either of the following methods:

Electronic Submissions

    Submit electronic comments in the following way:
     Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the instructions for submitting comments to submit your request 
for a hearing. Comments submitted electronically to http://www.regulations.gov, including any attachments to the request for 
hearing, will be posted to the docket unchanged.

Written/Paper Submissions

    Submit written/paper submissions as follows:
     Mail/Hand delivery/Courier (for written/paper 
submissions): Division of Dockets Management (HFA-305), Food and Drug 
Administration, 5630 Fishers Lane, Rm. 1061, Rockville, MD 20852.
     Because your request for a hearing will be made public, 
you are solely responsible for ensuring that your request does not 
include any confidential information that you may not wish to be 
publicly posted, such as confidential business information, e.g., a 
manufacturing process. The request for a hearing must include the 
Docket No. FDA-2016-N-3118 for ``Mallinckrodt Pharmaceuticals; Proposal 
to Withdraw Approval of an Abbreviated New Drug Application for 
Extended-Release Methylphenidate Tablets; Opportunity for a Hearing.'' 
The request for a hearing will be placed in the docket and publicly 
viewable at http://www.regulations.gov or at the Division of Dockets 
Management between 9 a.m. and 4 p.m., Monday through Friday.
    Mallinckrodt Pharmaceuticals may submit all data and analysis upon 
which the request for a hearing relies in the same manner as the 
request for a hearing except as follows:
     Confidential Submissions--To submit any data analyses with 
confidential information that you do not wish to be made publicly 
available, submit your data and analyses only as a written/paper 
submission. You should submit two copies total of all data and 
analyses. One copy will include the information you claim to be 
confidential with a heading or cover note that states ``THIS DOCUMENT 
CONTAINS CONFIDENTIAL INFORMATION.'' The Agency will review this copy, 
including the claimed confidential information, in its consideration of 
any decisions on this matter. The second copy, which will have the 
claimed confidential information redacted/blacked out, will be 
available for public viewing and posted on http://www.regulations.gov 
or available at the Division of Dockets Management between 9 a.m. and 4 
p.m., Monday through Friday. Submit both copies to the Division of 
Dockets Management. Any information marked as ``confidential'' will not 
be disclosed except in accordance with 21 CFR 10.20 and other 
applicable disclosure law.
    Comments Submitted by Other Interested Parties: For all comments 
submitted by other interested parties, submit comments as follows:

Electronic Submissions

    Submit electronic comments in the following way:
     Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the instructions for submitting comments. Comments submitted 
electronically, including attachments, to http://www.regulations.gov 
will be posted to the docket unchanged. Because your comment will be 
made public, you are solely responsible for ensuring that your comment 
does not include any confidential information that you or a third party 
may not wish to be posted, such as medical information, your or anyone 
else's Social Security number, or confidential business information, 
such as a manufacturing process. Please note that if you include your 
name, contact information, or other information that identifies you in 
the body of your comments, that information will be posted on http://www.regulations.gov.
     If you want to submit a comment with confidential 
information that you do not wish to be made available to the public, 
submit the comment as a written/paper submission and in the manner 
detailed (see ``Written/Paper Submissions'' and ``Instructions'').

Written/Paper Submissions

    Submit written/paper submissions as follows:
     Mail/Hand delivery/Courier (for written/paper 
submissions): Division of Dockets Management (HFA-305), Food and Drug 
Administration, 5630 Fishers Lane, Rm. 1061, Rockville, MD 20852.
     For written/paper comments submitted to the Division of 
Dockets Management, FDA will post your comment, as well as any 
attachments, except for information submitted, marked and identified, 
as confidential, if submitted as detailed in ``Instructions.''
    Instructions: All submissions received must include the Docket No. 
FDA-2016-N-3118 for ``Mallinckrodt Pharmaceuticals; Proposal to 
Withdraw Approval of an Abbreviated New Drug Application for Extended-
Release Methylphenidate Tablets; Opportunity for a Hearing.'' Received 
comments will be placed in the docket and, except for those submitted 
as ``Confidential Submissions,'' publicly viewable at http://www.regulations.gov or at the Division of Dockets Management

[[Page 71738]]

between 9 a.m. and 4 p.m., Monday through Friday.
     Confidential Submissions--To submit a comment with 
confidential information that you do not wish to be made publicly 
available, submit your comments only as a written/paper submission. You 
should submit two copies total. One copy will include the information 
you claim to be confidential with a heading or cover note that states 
``THIS DOCUMENT CONTAINS CONFIDENTIAL INFORMATION.'' The Agency will 
review this copy, including the claimed confidential information, in 
its consideration of comments. The second copy, which will have the 
claimed confidential information redacted/blacked out, will be 
available for public viewing and posted on http://www.regulations.gov. 
Submit both copies to the Division of Dockets Management. If you do not 
wish your name and contact information to be made publicly available, 
you can provide this information on the cover sheet and not in the body 
of your comments and you must identify this information as 
``confidential.'' Any information marked as ``confidential'' will not 
be disclosed except in accordance with 21 CFR 10.20 and other 
applicable disclosure law. For more information about FDA's posting of 
comments to public dockets, see 80 FR 56469, September 18, 2015, or 
access the information at: http://www.fda.gov/regulatoryinformation/dockets/default.htm.
    Docket: For access to the docket to read background documents or 
the electronic and written/paper comments received, go to http://www.regulations.gov and insert the docket number, found in brackets in 
the heading of this document, into the ``Search'' box and follow the 
prompts and/or go to the Division of Dockets Management, 5630 Fishers 
Lane, Rm. 1061, Rockville, MD 20852.

FOR FURTHER INFORMATION CONTACT: Maryll W. Toufanian, Center for Drug 
Evaluation and Research, Food and Drug Administration, 10903 New 
Hampshire Ave., Bldg. 75, Rm. 1716, Silver Spring, MD 20993-0002, 240-
402-7944.

SUPPLEMENTARY INFORMATION: 

I. Background

A. Approval of ANDAs Referencing CONCERTA

    CONCERTA (methylphenidate HCl) ER tablet is the subject of new drug 
application (NDA) 021121, held by Janssen Pharmaceuticals, Inc., and 
was approved on August 1, 2000. CONCERTA is a central nervous system 
stimulant intended for the treatment of attention deficit hyperactivity 
disorder in children 6 years of age and older, adolescents, and adults 
up to the age of 65. CONCERTA is a multiphasic modified-release product 
that is formulated to release a bolus of methylphenidate, resulting in 
an initial rapid rise in plasma concentration comparable to the effect 
of an immediate-release (IR) methylphenidate formulation, followed by 
sustained delivery later in the day, thereby allowing for once daily 
dosing. The relative bioavailability of CONCERTA in adults is 
comparable to IR methylphenidate administered three times daily, but 
the CONCERTA formulation minimizes the fluctuations between peak and 
trough concentrations associated with IR methylphenidate administered 
three times daily. CONCERTA is approved for the following strengths: 18 
milligrams (mg), 27 mg, 36 mg, and 54 mg. CONCERTA was approved based 
on, among other things, safety studies and adequate and well-controlled 
clinical efficacy studies showing that the product is safe for its 
intended uses and has the effects claimed for it.
    FDA's Office of Generic Drugs (OGD) approved ANDA 202608, held by 
Mallinckrodt Pharmaceuticals (Mallinckrodt), for a generic version of 
CONCERTA under the requirements of section 505(j) of the Federal Food, 
Drug, and Cosmetic Act (the FD&C Act) (21 U.S.C. 355(j)) and FDA's 
implementing regulations. OGD approved ANDA 202608 on December 28, 
2012, for the 27-mg, 36-mg, and 54-mg strengths.
    At the time of approval, FDA determined that the ANDA included data 
sufficient to demonstrate the bioequivalence of the Mallinckrodt 
product to CONCERTA. The bioequivalence (BE) testing and data submitted 
in the ANDA conformed to recommendations provided in a draft guidance 
for industry on ``Methylphenidate hydrochloride.'' The draft guidance 
was issued on September 14, 2012 (77 FR 56851), and provided 
information and recommendations for establishing bioequivalence to 
CONCERTA that reflected FDA's understanding, at that time, of how to 
evaluate the pharmacokinetic (PK) properties of CONCERTA to support a 
demonstration of bioequivalence. The demonstration of bioequivalence 
was necessary to the approval of Mallinckrodt's product. Unlike 
CONCERTA, Mallinckrodt was not required to submit clinical studies to 
demonstrate the safety and effectiveness of its product. Instead, 
Mallinckrodt's ANDA was approved based on a finding that the product 
was bioequivalent to CONCERTA and met the other requirements for ANDA 
approval in section 505(j) of the FD&C Act.

B. Concerns About Insufficient Therapeutic Effect

1. ANDA 202608
    Mallinckrodt began marketing its generic version of CONCERTA in 
March 2013. OGD routinely monitors all newly approved ANDA products for 
safety and efficacy concerns as they penetrate the marketplace, 
including the monitoring of adverse events reported to the Agency. In 
May 2013, the FDA Adverse Event Reporting System (FAERS) began 
receiving reports that described insufficient therapeutic effect of the 
Mallinckrodt product, particularly reports describing insufficient 
effect later in the day.\1\ These reports indicated potential 
therapeutic inequivalence of the Mallinckrodt product as compared to 
CONCERTA. In light of the reports received, CDER began an investigation 
of the Mallinckrodt product.\2\
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    \1\ In addition to reports submitted to FAERS, FDA received 
complaints related to therapeutic failure from multiple other 
sources, including FDA's Detroit District Office and a director of 
anesthesia support at a children's hospital.
    \2\ FDA investigated ANDA 202608 concurrently with ANDA 091695, 
which is another generic product referencing CONCERTA, held by 
Kremers Urban Pharmaceuticals Inc. Elsewhere in this issue of the 
Federal Register, FDA is proposing to withdraw approval of ANDA 
091695.
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2. CDER's Investigations
    a. Tracked safety issue (TSI). CDER began its investigation of the 
Mallinckrodt product with a reevaluation of the data and information 
submitted in the application to demonstrate bioequivalence; an 
assessment of FAERS data; and a comparative analysis of the design, 
composition, dissolution, and active pharmaceutical ingredient (API) 
degradation of the generic product as compared to CONCERTA. The 
findings of these investigations led to the initiation of a TSI. In 
general, when CDER staff suspect that a potential safety issue could be 
significant, a TSI is opened and an interdisciplinary team assesses the 
safety issue, reevaluates the risk-benefit profile of the drug, and 
determines the need for further action. CDER considers postmarketing 
safety issues to be significant for tracking purposes if these issues 
have the potential to lead to, among other things, withdrawal of FDA 
approval of a drug application.
    The initial meeting of the TSI Committee occurred in December 2013.

[[Page 71739]]

The TSI Committee was composed of CDER physicians, pharmacists, and 
chemists, as well as other CDER scientists and experts, who carefully 
reviewed all of the data and information related to the Mallinckrodt 
product. Key information reviewed and discussed by the TSI Committee is 
summarized as follows:
     Adverse event reports. An analysis was conducted of FAERS 
reports, along with additional data regarding therapeutic failure 
provided by Mallinckrodt and Janssen (CONCERTA's NDA holder), to 
assess, among other things, the reporting rate for therapeutic failure 
for the Mallinckrodt product as compared to the reporting rate for 
therapeutic failure for the authorized generic version of CONCERTA 
marketed by Actavis plc.\3\ The reporting rate for therapeutic failure 
was found to be 88 per 100,000 person-years of exposure for the 
Mallinckrodt product and 7.0 per 100,000 person-years of exposure for 
the authorized generic drug product.
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    \3\ Authorized generic drug is defined in section 505(t) of the 
FD&C Act and in Sec.  314.3(b) (21 CFR 314.3(b))  (Authorized 
generic drug means a listed drug, as defined in Sec.  314.3(b), that 
has been approved under section 505(c) of the FD&C Act and is 
marketed, sold, or distributed directly or indirectly to retail 
class of trade with labeling, packaging (other than repackaging as 
the listed drug in blister packs, unit doses, or similar packaging 
for use in institutions), product code, labeler code, trade name, or 
trademark that differs from that of the listed drug.). A listed drug 
is a new drug product that has an effective approval under section 
505(c) of the FD&C Act for safety and effectiveness, or under 
section 505(j), that has not been withdrawn or suspended under 
section 505(e)(1) through (e)(5) or (j)(5) of the FD&C Act, and that 
has not been withdrawn from sale for what FDA determines are reasons 
of safety or effectiveness (Sec.  314.3(b)). Listed drugs are 
identified as drugs with an effective approval in FDA's current 
edition of ``Approved Drug Products With Therapeutic Equivalence 
Evaluations'' (commonly referred to as the ``Orange Book'') (Id.). A 
list of currently available authorized generics is available at 
http://www.fda.gov/AboutFDA/CentersOffices/OfficeofMedicalProductsandTobacco/CDER/ucm126391.htm. (FDA has 
verified the Web site addresses, as of the date this document 
publishes in the Federal Register, but Web sites are subject to 
change over time.)
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     Product composition. The Mallinckrodt product and CONCERTA 
were tested in FDA laboratories to evaluate differences in drug design, 
composition, stability, and dissolution. The testing identified 
concerns with API degradation and in vivo dissolution, which could 
result in differences in drug release. These differences could, in 
turn, result in differences in therapeutic effect of the generic 
product compared to CONCERTA.
     BE data. A review and reanalysis were conducted of the 
data that were submitted in the ANDA to establish bioequivalence to 
CONCERTA. In particular, an outlier analysis was performed on the BE 
data to evaluate the difference in product absorption between the 
Mallinckrodt product and CONCERTA across various PK sampling time 
points. The analysis showed that the greatest difference in product 
absorption between the Mallinckrodt product and CONCERTA occurred at 10 
hours post-dosing under fasting conditions.
     Modeling of potential clinical impact. In light of the 
close relationship between the PK profile and clinical effect of 
methylphenidate products (Ref. 1), modeling was done based on the BE 
data submitted in the ANDA to predict the potential clinical 
significance of the difference in PK profile, i.e., product absorption, 
of the Mallinckrodt product compared to CONCERTA. The modeling 
suggested some potential clinical inequivalence between the generic 
product and CONCERTA after 6 hours post-dosing. The greatest mean 
percent reduction in clinical efficacy for the Mallinckrodt product is 
predicted to be approximately 21 percent at 10 hours post-dosing under 
fasting condition.
    The TSI was concluded in June 2014. Based on the information 
considered, the TSI Committee determined that the Mallinckrodt product 
may deliver methylphenidate into the body at a slower rate than 
CONCERTA during the time period of 7 to 12 hours post-dosing, and 
therefore, the product may not be bioequivalent or therapeutically 
equivalent to CONCERTA. Following the TSI Committee's investigation, 
CDER concluded that the therapeutic equivalence (TE) rating for the 
Mallinckrodt product in FDA's ``Approved Drug Products with Therapeutic 
Equivalence Evaluations'' (commonly referred to as the ``Orange Book'') 
should be changed from AB to BX to indicate that the data are 
insufficient to determine that the Mallinckrodt product is 
therapeutically equivalent to CONCERTA.\4\
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    \4\ In the Orange Book, FDA ``classifies as therapeutically 
equivalent those products that meet the following general criteria: 
(1) [T]hey are approved as safe and effective; (2) they are 
pharmaceutical equivalents in that they (a) contain identical 
amounts of the same active drug ingredient in the same dosage form 
and route of administration, and (b) meet compendial or other 
applicable standards of strength, quality, purity, and identity; (3) 
they are bioequivalent in that (a) they do not present a known or 
potential bioequivalence problem, and they meet an acceptable in 
vitro standard, or (b) if they do present such a known or potential 
problem, they are shown to meet an appropriate bioequivalence 
standard; (4) they are adequately labeled; (5) they are manufactured 
in compliance with Current Good Manufacturing Practice regulations'' 
(Orange Book Preface at vii, available at http://www.fda.gov/downloads/Drugs/DevelopmentApprovalProcess/UCM071436.pdf. (FDA has 
verified the Web site addresses, as of the date this document 
publishes in the Federal Register, but Web sites are subject to 
change over time.)).
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    On November 6, 2014 (79 FR 65978), CDER issued a revised draft 
guidance for industry on ``Bioequivalence Recommendations for CONCERTA 
(Methylphenidate Hydrochloride) Extended-Release Tablets'' (revised 
draft BE guidance) (Ref. 2), with recommendations for establishing 
bioequivalence to CONCERTA that reflect CDER's refined understanding of 
the relationship between the PK profile of CONCERTA and its therapeutic 
effect. The revised draft BE guidance is available on FDA's Web site 
and will be placed in Docket No. FDA-2016-N-3118.
    On November 12, 2014, representatives from OGD and other CDER 
offices notified Mallinckrodt by telephone of CDER's concerns regarding 
its generic product. OGD explained that the TE rating for the product 
would be changed from AB to BX immediately. OGD requested that 
Mallinckrodt: (1) Voluntarily withdraw its product from the market 
under 21 CFR 314.150(d) and request that FDA withdraw approval of the 
ANDA or (2) confirm bioequivalence of its product within 6 months, 
consistent with the recommendations in the revised draft BE guidance 
issued on November 6, 2014. Mallinckrodt declined to voluntarily 
withdraw its product from the market, and it has not submitted data or 
information that confirms bioequivalence of its product to CONCERTA.
    b. Post-TSI investigation. After communicating CDER's concerns to 
Mallinckrodt about its methylphenidate product and changing the TE 
rating for the product to BX, CDER continued to evaluate data and 
information related to the bioequivalence of Mallinckrodt's product to 
CONCERTA. CDER reanalyzed the BE data originally submitted in 
Mallinckrodt's ANDA in accordance with the recommendations provided in 
the November 6, 2014, revised draft BE guidance. The reanalysis showed 
that the 54-mg Mallinckrodt product on which the in vivo BE testing was 
conducted does not provide the same extent of methylphenidate exposure 
as CONCERTA during the 7- to 12-hour time period after administration. 
Specifically, the 90 percent confidence interval (CI) of the geometric 
mean ratio of the test product (Mallinckrodt's) to reference product 
(CONCERTA) for AUC7-12 \5\ (at 64.41 percent to 72.49

[[Page 71740]]

percent) falls outside of the 80 percent to 125 percent BE acceptance 
criteria (Ref. 4). The lower level of methylphenidate exposure compared 
to CONCERTA 7 to 12 hours after administration is consistent with the 
reports received describing lack of therapeutic effect later in the 
day.
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    \5\ The area under the plasma concentration-time curve (AUC) is 
used to evaluate the ``extent'' of absorption of a drug. See section 
505(j)(7)(B) of the FD&C Act. AUC7-12 captures the extent 
of absorption from 7 to 12 hours post-dosing. See, e.g., the draft 
guidance for industry entitled ``Bioequivalence Studies with 
Pharmacokinetic Endpoints for Drugs Submitted under an ANDA'' (Ref. 
3).
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    In addition to the reanalysis described above, FDA performed 
further clinical trial simulations based on the BE data originally 
submitted in the ANDA to assess the potential clinical significance of 
the difference in PK profile, i.e., methylphenidate absorption, of the 
Mallinckrodt product compared to CONCERTA (Ref. 5). The simulation 
suggested some potential difference in effect between Mallinckrodt's 
product and CONCERTA after 6 hours post-dosing. Consistent with the 
evaluation presented during the TSI, the greatest mean percent 
reduction in efficacy was predicted to be 21.17 percent at 10 hours 
post-dosing, with individual changes ranging from a 44.09 percent 
decrease and a 9.04 percent increase in efficacy compared to CONCERTA.
    Along with a reanalysis of data submitted in the original ANDA, in 
March 2015, CDER sponsored its own study to evaluate bioequivalence of 
the 27-mg Mallinckrodt product as compared to CONCERTA. The CDER-
sponsored study was a single-dose, 4-treatment, fully replicated, 
crossover, randomized BE study (consistent with the study design 
recommended in the revised draft BE guidance) in healthy subjects under 
fasting conditions. The study compared: (1) The test product--
Mallinckrodt's methylphenidate HCl ER tablets, 27 mg; and (2) the 
reference product--CONCERTA ER tablets, 27 mg. A total of 28 subjects 
were enrolled in the study, and 24 subjects completed all 4 periods. 
Plasma samples were collected for up to 24 hours following each 
treatment. The mean methylphenidate plasma concentration profiles for 
both the test and reference products exhibited PK properties consistent 
with those observed in the 54-mg fasting BE study submitted by 
Mallinckrodt in its ANDA. In particular, decreased plasma 
concentrations were observed with administration of the Mallinckrodt 
product as compared to CONCERTA after 6 to 7 hours. The 90 percent CI 
of the geometric mean test-to-reference ratio for AUC7-12 
was below the 80 percent to 125 percent BE acceptance range (at 60.99 
percent to 70.50 percent). All other metrics were found to be within 
the BE acceptance range of 80 percent to 125 percent. The observed 
lower level of methylphenidate exposure compared to CONCERTA 7 to 12 
hours after administration is consistent with that observed in the 
reanalysis of the 54-mg BE study submitted in Mallinckrodt's ANDA.
    Finally, FDA analyzed FAERS reports from February 2014 to May 2015. 
The types and quality of reports received by FDA during that time 
period were very similar to the reports received before FDA changed the 
TE rating. The reports continued to contain specific complaints 
describing the failure of therapeutic effect during the latter part of 
the day.
    The applicant has not submitted data that confirms bioequivalence 
of its product to CONCERTA. A memorandum describing in detail the 
information considered following the TSI and explaining CDER's 
determination will be placed in Docket No. FDA-2016-N-3118 (Ref. 6).

II. Conclusions and Proposed Action

    An NDA (or reference listed drug) applicant must submit ``full 
reports of investigations'' to show that the drug for which the 
applicant is seeking approval is safe and effective. In other words, 
reference listed drugs must meet the safety and substantial evidence of 
effectiveness standard (see section 505(b)(1) and (2), (c), and (d) of 
the FD&C Act). A reference listed drug applicant can meet the standard 
by conducting its own clinical studies (stand-alone application) or 
relying, in part, on the Agency's previous finding of safety and/or 
effectiveness or literature (a 505(b)(2) application). An ANDA 
applicant does not submit independent clinical studies to demonstrate 
safety and effectiveness. Rather, an ANDA applicant relies on the 
Agency's previous finding of safety and effectiveness for the reference 
listed drug and is required to meet other requirements such as 
demonstrating bioequivalence to the reference listed drug to support 
approval. In the absence of information showing bioequivalence between 
the generic drug at issue and the reference listed drug, there is no 
basis for concluding that the Agency's finding of safety and efficacy 
(or substantial evidence of effectiveness) supporting approval of the 
reference listed drug likewise supports approval of the generic drug.
    Therefore, based on all available data and information, notice is 
given to Mallinckrodt and to all other interested persons that the 
Director of CDER proposes to issue an order, under section 505(e)(3) of 
the FD&C Act and Sec.  314.150(a)(2)(iii), withdrawing approval of ANDA 
202608 and all amendments and supplements to it on the grounds that, on 
the basis of new information, evaluated together with the evidence 
available when the application was approved, there is a lack of 
substantial evidence that the drug will have the effect it is 
represented to have under the conditions of use prescribed, 
recommended, or suggested in its labeling.

III. Hearing Procedures

    In accordance with section 505(e) of the FD&C Act, the applicant is 
hereby provided an opportunity to request a hearing to show why 
approval of ANDA 202608 should not be withdrawn and an opportunity to 
raise, for administrative determination, all issues relating to the 
legal status of the drug product covered by this application.
    An applicant who decides to seek a hearing must file the following: 
(1) A written notice of participation and request for hearing (see 
DATES), and (2) the data, information, and analyses relied on to 
demonstrate that there is a genuine and substantial issue of fact that 
requires a hearing to resolve (see DATES). Any other interested person 
may also submit comments on this notice. The procedures and 
requirements governing this notice of opportunity for a hearing, notice 
of participation and request for a hearing, the information and 
analyses to justify a hearing, other comments, and a grant or denial of 
a hearing are contained in Sec.  314.200 (21 CFR 314.200) and in 21 CFR 
part 12.
    The failure of an applicant to file a timely written notice of 
participation and request for a hearing, as required by Sec.  314.200, 
constitutes an election by that applicant not to avail itself of the 
opportunity for a hearing concerning CDER's proposal to withdraw 
approval of the application and constitutes a waiver of any contentions 
concerning the legal status of the drug product. FDA will then withdraw 
approval of the application, and the drug product may not thereafter be 
lawfully introduced or delivered for introduction into interstate 
commerce. Any new drug product introduced or delivered for introduction 
into interstate commerce without an approved application is subject to 
regulatory action at any time.
    A request for a hearing may not rest upon mere allegations or 
denials, but must present specific facts showing that there is a 
genuine and substantial issue of fact that requires a hearing. If a 
request for a hearing is not complete or is not supported, the 
Commissioner of Food and Drugs will enter summary

[[Page 71741]]

judgment against the person who requests the hearing, making findings 
and conclusions, and denying a hearing.
    All submissions under this notice of opportunity for a hearing must 
be filed in two copies. Except for data and information prohibited from 
public disclosure under 21 U.S.C. 331(j) or 18 U.S.C. 1905, the 
submissions may be seen in the Division of Dockets Management (see 
ADDRESSES) between 9 a.m. and 4 p.m., Monday through Friday, and will 
be posted to the docket at http://www.regulations.gov.
    This notice is issued under section 505(e) of the FD&C Act and 
under the authority delegated to the Director of CDER by the 
Commissioner of Food and Drugs.

IV. References

    The following references are on display in the Division of Dockets 
Management (see ADDRESSES) and are available for viewing by interested 
persons between 9 a.m. and 4 p.m., Monday through Friday; they are also 
available electronically at http://www.regulations.gov. FDA has 
verified the Web site addresses, as of the date this document publishes 
in the Federal Register, but Web sites are subject to change over time.

1. Swanson, J.M., et al., ``A Comparison of Once-Daily Extended-
Release Methylphenidate Formulations in Children With Attention-
Deficit/Hyperactivity Disorder in the Laboratory School (The Comacs 
Study),'' Pediatrics, vol. 113, pp. 206-216, 2004.
2. FDA, draft guidance for industry, ``Bioequivalence 
Recommendations for CONCERTA (Methylphenidate Hydrochloride) 
Extended-Release Tablets,'' November 2014 (available at http://www.fda.gov/downloads/Drugs/GuidanceComplianceRegulatoryInformation/Guidances/UCM320007.pdf).
3. FDA, draft guidance for industry, ``Bioequivalence Studies With 
Pharmacokinetic Endpoints for Drugs Submitted Under an ANDA,'' 
December 2013 (available at http://www.fda.gov/Drugs/GuidanceComplianceRegulatoryInformation/Guidances/UCM377465).
4. Dighe, S.V. and W.P. Adams. ``Bioequivalence: A United States 
Regulatory Perspective.'' In Welling, P.G., L.S. Tse, and S.V. 
Dighe, eds., Pharmaceutical Bioequivalence. New York: Marcel Dekker, 
Inc., pp. 347-380, 1991.
5. Kimko, H., et al., ``Population Pharmacodynamic Modeling of 
Various Extended-Release Formulations of Methylphenidate in Children 
With Attention Deficit Hyperactivity Disorder Via Meta-Analysis,'' 
Journal of Pharmacokinetics and Pharmacodynamics, vol. 39(2), pp. 
161-176, 2012.
6. Memorandum to Janet Woodcock, Director, Center for Drug 
Evaluation and Research, in Support of Beginning Approval Withdrawal 
Proceedings for ANDA 202608 (October 1, 2016, Peters).

    Dated: October 12, 2016.
Janet Woodcock,
Director, Center for Drug Evaluation and Research.
[FR Doc. 2016-25093 Filed 10-17-16; 8:45 am]
 BILLING CODE 4164-01-P