News

FDA Solicits Feedback on Drug Products Approved Under Abbreviated New Drug Applications Before the Enactment of the Hatch-Waxman Amendments

The FDA has established a public docket to solicit comments on several issues related to FDA’s regulation of certain drug products approved under abbreviated new drug applications before the enactment of the Drug Price Competition and Patent Term Restoration Act of 1984, commonly referred to as the Hatch-Waxman Amendments. Because these Pre-Hatch-Waxman ANDAs (PANDAs) were submitted under section 505(b) and approved under section 505(c) of the Federal Food, Drug, and Cosmetic (FD&C) Act, they can serve as a reference listed drug (RLD) for future abbreviated new drug applications submitted under section 505(j) of the FD&C Act (505(j) ANDAs) and can also be a listed drug relied on by 505(b)(2) applications.

Although these PANDAs are 505(b) applications, they have historically been overseen by FDA’s Office of Generic Drugs. FDA is aware that there may be some confusion about the applicability of certain statutory and regulatory provisions to these PANDAs. In particular, there is confusion whether PANDAs are subject to the requirements that apply to other 505(b) applications or to those that apply to 505(j) applications. FDA recognizes there are differences between certain requirements for 505(b) application and 505(j) applications, including with respect to requirements regarding labeling updates, patent listing, eligibility for exclusivity, and certain drug safety-related requirements or procedures.

FDA is seeking input from holders of these PANDAs and other interested persons regarding whether there are regulatory or policy rationales for treating these PANDAs differently from other 505(b) applications in certain respects. To facilitate stakeholder feedback, FDA has included specific questions in the Federal Register Notice. These questions are not meant to be exhaustive, and FDA is also interested in any other pertinent information stakeholders would like to share on this topic. In all cases, FDA encourages stakeholders to provide the rationale and basis for their comments, including any available supporting data and information. Interested persons can submit comments to the docket until December 11, 2021.

Recent News

09/03/2026

Seppic announces the appointment of Virginie Cavalli as Chief Executive Officer

A subsidiary of Air Liquide Healthcare, Seppic designs, manufactures, and distributes a wide range of specialty ingredients used in cosmetics, nutraceuticals, pharmaceuticals, veterinary products, and industrial applications. Nearly 900 employees support customers in 100 countries through the company’s subsidiaries and distributor network. With a degree from EMLyon school in business and financial strategy, Virginie Cavalli

09/01/2026

Andre Marshall to join National Science Foundation; Aurali Dade named Interim Vice President for Research, Innovation, and Economic Impact

Since joining George Mason in 2021, Marshall has played a pivotal role in advancing the university’s research enterprise and entrepreneurial ecosystem and strengthening the university’s reputation as a leading public R1 institution, including launching the Grand Challenge Initiative and empowering institute-driven initiatives like Nexus234 and the Virginia Climate Center. During Marshall’s tenure, George Mason expanded research activity and strategic partnerships,

08/25/2026

United Therapeutics Corporation Announces FDA Filing Acceptance of New Drug Application for Ralinepag to Treat Pulmonary Arterial Hypertension

United Therapeutics Corporation (Nasdaq: UTHR), a public benefit corporation, today announced that the FDA has accepted the New Drug Application (NDA) for ralinepag to treat PAH. The FDA has set a Prescription Drug User Fee Act target action date of June 24, 2027. Ralinepag has not been approved for use in any indication by the