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

11/07/2025

Dan Myers Named Director of Virginia SBDC, Innovation Commercialization Assistance Program to Accelerate Tech-Driven Growth in the Commonwealth

The Virginia Small Business Development Center (SBDC) is pleased to announce that Dan Myers has been named the new Director for the Virginia SBDC – Innovation Commercialization Assistance Program (ICAP). Dan, a seasoned innovation strategist, will lead the Virginia SBDC – ICAP program that is designed to help Virginia small businesses turn ideas into commercial

11/06/2025

Luna Labs’ MedSim Product Lines Acquired by Integrated Medcraft

Integrated MedCraft LLC today announced it has acquired the TrueClot and Dislotech product lines from Luna Labs. This announcement is more than a successful transaction. It is an example of innovation being accelerated with the right strategic partner. We built Luna Labs with a clear mission to incubate, accelerate, and grow technologies to the point

11/04/2025

Op-Ed: Getting breakthrough coverage right: Rep. Griffith’s critical role

Virginia finds itself at the center of an important health care debate, and Southwest Virginia’s own U.S. Rep. Morgan Griffith, R-Salem, is in the driver’s seat as chair of the House Energy and Commerce Subcommittee on Health. Here’s the problem: Medicare beneficiaries can wait years — sometimes averaging half a decade — between when the