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###### Department of Health and Human Services

###### Food and Drug Administration

          - [Docket No. FDA-2021-P-1323]

# AGENCY:

Food and Drug Administration, HHS.

# ACTION:

Notice.

# SUMMARY:

The Food and Drug Administration (FDA, Agency, or we) has determined that Naropin (ropivacaine hydrochloride) solution, 50 milligrams (mg)/10 milliliters (mL) and 75mg/10mL, were not withdrawn from sale for reasons of safety or effectiveness. This determination means that FDA will not begin procedures to withdraw approval of abbreviated new drug applications (ANDAs) that refer to these drug products, and it will allow FDA to continue to approve ANDAs that refer to these drug products as long as they meet relevant legal and regulatory requirements.

# FOR FURTHER INFORMATION CONTACT:

                        Alexander Poonai, Center for Drug Evaluation and Research, Food and Drug Administration, 10903 New Hampshire Ave., Bldg. 51, Rm. 6213, Silver Spring, MD 20993-0002, 301-796-3600,                         *Alexander.Poonai@fda.hhs.gov.*

# SUPPLEMENTARY INFORMATION:

Section 505(j) of the Federal Food, Drug, and Cosmetic Act (FD&C Act) (21 U.S.C. 355(j)) allows the submission of an ANDA to market a generic version of a previously approved drug product. To obtain approval, the ANDA applicant must show, among other things, that the generic drug product: (1) has the same active ingredient(s), dosage form, route of administration, strength, conditions of use, and (with certain exceptions) labeling as the listed drug, which is a version of the drug that was previously approved and (2) is bioequivalent to the listed drug. ANDA applicants do not have to repeat the extensive clinical testing otherwise necessary to gain approval of a new drug application (NDA).

Section 505(j)(7) of the FD&C Act 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approval of the drug's NDA or ANDA for reasons of safety or effectiveness or if FDA determines that the listed drug was withdrawn from sale for reasons of safety or effectiveness (21 CFR 314.162).

A person may petition the Agency to determine, or the Agency may determine on its own initiative, whether a listed drug was withdrawn from sale for reasons of safety or effectiveness. This determination may be made at any time after the drug has been withdrawn from sale, but must be made prior to approving an ANDA that refers to the listed drug (§ 314.161 (21 CFR 314.161)). FDA may not approve an ANDA that does not refer to a listed drug.

Naropin (ropivacaine hydrochloride) solution, 50mg/10mL and 75mg/10mL, are the subject of NDA 020533, held by Fresenius Kabi USA LLC, and initially approved on May 1, 1998. Naropin is indicated for the production of local or regional anesthesia for surgery and for acute pain management.

Naropin (ropivacaine hydrochloride) solution, 50mg/10mL and 75mg/10mL, are currently listed in the “Discontinued Drug Product List” section of the Orange Book.

Lachman Consultant Services, Inc., submitted a citizen petition dated December 15, 2021 (Docket No. FDA-2021-P-1323), under 21 CFR 10.30, requesting that the Agency determine whether Naropin (ropivacaine hydrochloride) solution, 50mg/10mL and 75mg/10mL, were withdrawn from sale for reasons of safety or effectiveness.

                    After considering the citizen petition and reviewing Agency records and based on the information we have at this time, FDA has determined under § 314.161 that Naropin (ropivacaine hydrochloride) solution, 50mg/10mL and 75mg/10mL, were not withdrawn for reasons of safety or effectiveness. The petitioner has identified no data or other information suggesting that these drug products were withdrawn for reasons of safety or effectiveness. We have carefully reviewed our files for records concerning the withdrawal of Naropin (ropivacaine hydrochloride) solution, 50mg/10mL and 75mg/10mL, from sale. We have also independently                           ( print page 71872)                        evaluated relevant literature and data for possible postmarketing adverse events. We have reviewed the available evidence and determined that these drug products were not withdrawn from sale for reasons of safety or effectiveness.                

Accordingly, the Agency will continue to list Naropin (ropivacaine hydrochloride) solution, 50mg/10mL and 75mg/10mL, 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 Naropin (ropivacaine hydrochloride) solution, 50mg/10mL and 75mg/10mL, 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 these drug products should be revised to meet current standards, the Agency will advise ANDA applicants to submit such labeling.

Dated: October 13, 2023.

Lauren K. Roth,

Associate Commissioner for Policy.

[FR Doc. 2023-22960 Filed 10-17-23; 8:45 am]

BILLING CODE 4164-01-P