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

09/17/2026

Rivanna Announces New CMS Procedure Code for Computer-aided Neuraxial Guidance

RIVANNA®, developer of AI-enabled clinical decision-support solutions, today announced that the Centers for Medicare & Medicaid Services (CMS) has established ICD-10-PCS code XEZU3HC, effective for inpatient discharges beginning October 1, 2026. The code identifies computer-aided intraprocedural navigation in the spinal canal using ultrasound imaging with continuous needle tracking via a percutaneous approach during neuraxial anesthesia.

09/17/2026

From Lab to Three Continents: Agrospheres and FMC Corporation Advance Bioinsecticide Pipeline into Global Field Trials

AgroSpheres, a biotechnology company pioneering breakthroughs in sustainable crop protection and FMC Corporation (NYSE: FMC), a global leader in agricultural sciences, today announced a significant advancement in its ongoing collaboration. Two proprietary RNA-based biomolecule candidates from AgroSpheres’ pipeline are now entering global field trial development, marking the transition from discovery into real-world testing across three

09/15/2026

Jazz Pharmaceuticals Completes Acquisition of Actio Biosciences

Jazz Pharmaceuticals plc (Nasdaq: JAZZ) (“Jazz” or the “Company”) today announced the successful completion of its acquisition of privately-held Actio Biosciences, Inc. (“Actio”) for $820 million upfront. Actio is now a wholly-owned subsidiary of Jazz. “ABS-1230 holds the promise of being a transformative, first-in-class therapy for individuals living with KCNT1-related epilepsy,” said Renee Gala, president and