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

###### Food and Drug Administration

          - [Docket No. FDA-2021-P-0885]

# AGENCY:

Food and Drug Administration, HHS.

# ACTION:

Notice.

# SUMMARY:

The Food and Drug Administration (FDA or Agency) has determined that PEPCID (famotidine) tablet, 20 milligrams (mg) and 40 mg, was not withdrawn from sale for reasons of safety or effectiveness.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 this drug product, and it will allow FDA to continue to approve ANDAs that refer to the product as long as they meet relevant legal and regulatory requirements.

# FOR FURTHER INFORMATION CONTACT:

                        Stacy Kane, Center for Drug Evaluation and Research, Food and Drug Administration, 10903 New Hampshire Ave., Bldg. 51, Rm. 6236, Silver Spring,                               ( print page 2617)                            MD 20993-0002, 301-796-8363,                         *stacy.kane@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approval of the drug's NDA or ANDA for reasons of safety or effectiveness or if FDA determines that the listed drug was withdrawn from sale for reasons of safety or effectiveness (21 CFR 314.162).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.

                    PEPCID (famotidine) tablet, 20 mg and 40 mg, is the subject of NDA 019462, held by Valeant Pharmaceuticals North America LLC, and initially approved on October 15, 1986. PEPCID is indicated in adult and pediatric patients 40 kilograms and greater for the treatment of active duodenal ulcer (DU), active gastric ulcer, symptomatic nonerosive gastroesophageal reflux disease (GERD), erosive esophagitis due to GERD, diagnosed by biopsy. PEPCID is indicated in adults for the treatment of pathological hypersecretory conditions (                    *e.g.,*                     Zollinger-Ellison syndrome, multiple endocrine neoplasias) and reduction of the risk of DU recurrence.                

PEPCID (famotidine) tablet, 20 mg and 40 mg, is currently listed in the “Discontinued Drug Product List” section of the Orange Book.

Zydus Pharmaceuticals (USA) Inc. submitted a citizen petition dated August 3, 2021 (Docket No. FDA-2021-P-0885), under 21 CFR 10.30, requesting that the Agency determine whether PEPCID (famotidine) tablet, 20 mg and 40 mg, was 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 PEPCID (famotidine) tablet, 20 mg and 40 mg, was not withdrawn for reasons of safety or effectiveness. The petitioner has identified no data or other information suggesting that PEPCID (famotidine) tablet, 20 mg and 40 mg, was withdrawn for reasons of safety or effectiveness. We have carefully reviewed our files for records concerning the withdrawal of PEPCID (famotidine) tablet, 20 mg and 40 mg, from sale. We have also independently evaluated relevant literature and data for possible postmarketing adverse events. We have found no information that would indicate that this drug product was withdrawn from sale for reasons of safety or effectiveness.

Accordingly, the Agency will continue to list PEPCID (famotidine) tablet, 20 mg and 40 mg, 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. FDA will not begin procedures to withdraw approval of approved ANDAs that refer to this drug product. Additional ANDAs for this drug product may also 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 this drug product should be revised to meet current standards, the Agency will advise ANDA applicants to submit such labeling.

Dated: January 12, 2022.

Lauren K. Roth,

Associate Commissioner for Policy.

[FR Doc. 2022-00832 Filed 1-14-22; 8:45 am]

BILLING CODE 4164-01-P