WARNING LETTER
Dental Technologies Inc.
MARCS-CMS 612599 —
November 30, 2021
Delivery Method:
UPS
Product:
Medical Devices
Recipient:
Recipient Name
Mr. Stephen A. Erickson
Recipient Title
President and Co-Owner
Dental Technologies Inc.
6901 N. Hamlin Avenue
Lincolnwood
,
IL
60712
United States
Issuing Office:
Division of Pharmaceutical Quality Operations III
United States
WARNING LETTER
WL # 612599
November 30, 2021
Dear Mr. Erickson:
The U.S. Food and Drug Administration (FDA) inspected your drug and medical device manufacturing facility, Dental Technologies Inc., FEI 1413475, at 6901 N. Hamlin Avenue, Lincolnwood, Illinois from December 7, 2020, to January 20, 2021.
This warning letter summarizes significant violations of Current Good Manufacturing Practice (CGMP) regulations for finished pharmaceuticals and Quality System (QS) regulations for medical devices. See Title 21 Code of Federal Regulations (CFR), parts 210 and 211 (21 CFR parts 210 and 211) and Title 21 CFR, part 820, respectively.
Because your methods, facilities, or controls for manufacturing, processing, packing, or holding do not conform to CGMP, your drug products are adulterated within the meaning of section 501(a)(2)(B) of the Federal Food, Drug, and Cosmetic Act (FD&C Act), 21 U.S.C. 351(a)(2)(B).
Additionally, your drug product, Paroex 0.12% chlorhexidine oral rinse, is adulterated under section 501(a)(2)(A) of the FD&C Act, 21 U.S.C. 351(a)(2)(A), in that a substance was prepared, packed, or held under insanitary conditions, whereby it may have become contaminated with filth and rendered injurious to health.
Under section 201(h) of the FD&C Act, 21 U.S.C. § 321(h), G•U•M® HYDRAL™ OTC products are devices because they are intended for use in the diagnosis of disease or other conditions or in the cure, mitigation, treatment, or prevention of disease, or to affect the structure or any function of the body. The HYDRAL™ OTC products are intended for treatment of Xerostomia/dry mouth.
This inspection also revealed that your devices are adulterated within the meaning of section 501(h) of the FD&C Act, 21 U.S.C. § 351(h) because the methods used in, or the facilities or controls used for, their manufacture, packing, storage, or installation are not in conformity with the current good manufacturing practice requirements of the Quality System regulation.
Drug CGMP Violations
We reviewed your February 10, 2021, response to our Form FDA 483 in detail and acknowledge receipt of your subsequent correspondence. Your response is inadequate because it did not provide sufficient detail or evidence of corrective actions to bring your operations into compliance with CGMP.
During our inspection, our investigators observed specific violations including, but not limited to, the following.
1. Your firm failed to thoroughly investigate any unexplained discrepancy or failure of a batch or any of its components to meet any of its specifications, whether or not the batch has already been distributed (21 CFR 211.192).
You lack adequate investigations into failing microbiological results for both finished drug products and components.
A. In October 2020, your third-party laboratory identified
Burkholderia cepacia
complex (BCC), specifically
Burkholderia lata
in Paroex 0.12% chlorhexidine oral rinse. Until prompted by FDA, your investigation failed to adequately evaluate excessive aerobic plate counts (including too numerous to count (TNTC)) and past BCC contamination events at your facility. Your investigation did not adequately address multiple potential root causes of the contamination. For example, we noted that your cleaning program was deficient. Notably, a lack of cleaning competency extended to multiple products made at your facility, and in one instance cleaning procedures had to be repeated two or more times to assure their efficacy.
You failed to implement systemic corrective actions and preventive actions (CAPA) and investigate additional lots that may have been affected.
Your firm’s response, which includes your firm’s updated investigation, was inadequate.
• Your investigation did not sufficiently address the TNTC levels of microorganisms in numerous Paroex batch retain samples, including the inability of the formulation to exert any meaningful inhibitory effect on microbial growth in your product.
• Your investigation did not adequately explain the extreme variability of results within batches, including TNTC and passing results obtained from testing of multiple retain samples from the same batch. Also, you did not adequately describe how your future sampling strategy will be improved to provide better understanding of
(b)(4)
.
• You identified the chlorhexidine gluconate active pharmaceutical ingredient (API) as the most likely root cause of the Paroex contamination, but your investigation lacked justification for this assertion. For example:
o The investigation indicated the API supplier found
Serratia marcescens
in certain lots of their chlorhexidine gluconate API, and this caused it to be the likely source of the BCC contamination. However, you noted the API supplier,
(b)(4)
, recalled affected lots contaminated with
Serratia marcescens
and your API lots met microbiological specifications. Further, your investigation lacks any indication that BCC had been isolated during chlorhexidine gluconate testing by either your supplier or your laboratory.
o The investigation failed to address that, in addition to the lack of data indicating the presence of BCC in your API, BCC is very different from
Serratia marcescens
as they are in different taxonomic classes and have significantly different phenotypic and genotypic characteristics.
• Your response states your Paroex 0.12% chlorhexidine gluconate oral rinse release testing did not detect
Burkholderia lata
because of a low level of contamination. This conclusion is flawed since you were not testing your product for BCC at the time, and your test method was inadequate to reliably detect these microorganisms.
• Your response states shared equipment was cleaned and sanitized before use, per your procedures. However, your response lacks evidence of traceability confirming that the
(b)(4)
, identified as a potential cause of contamination, was adequately cleaned, and sanitized before use during manufacturing.
• Your response acknowledges that the use of ancillary equipment is not documented in your batch records. However, you failed to include systemic corrections to your batch records and documentation systems to ensure traceability of each piece of equipment used during manufacturing, including but not limited to, their use, cleaning, sanitization, calibration, and maintenance.
• You failed to adequately explain how you will systemically remediate your investigations program to ensure investigations are thorough, root causes are appropriately identified, scope of impacted products is appropriately evaluated, and CAPAs are prompt and effective.
The Paroex product owner released a public announcement on December 28, 2020, detailing the receipt of a significant number of adverse events (29) associated with the product. Affected patients who received Paroex 0.12% chlorhexidine oral rinse tested positive for
Burkholderia lata
. Use of the contaminated product in patients who are immunocompromised or have pre-existing respiratory conditions, including critically ill patients and patients infected with COVID-19, is especially concerning as these patients are at increased risk for serious and life-threatening infections.
We acknowledge that batches of Paroex 0.12% chlorhexidine gluconate oral rinse bearing an expiration date from June 30 to September 30, 2022, were recalled on October 27, 2020. It was not until further discussions with FDA that the recall was extended to other potentially impacted batches of Paroex 0.12% chlorhexidine gluconate oral rinse products,
(b)(4)
, and
(b)(4)
drug products.
In addition, FDA collected a sample of Paroex 0.12% chlorhexidine oral rinse lot C219DQ. Our testing revealed BCC contamination and failing total counts, which further demonstrated insanitary conditions (501(a)(2)(A)) at your facility.
B. Your firm invalidated failing microbiological results obtained by your third-party laboratory during stability testing of a batch of AlphaCaine topical anesthetic gel in March 2019, without scientific justification.
Pseudomonas aeruginosa
was isolated from the product sample and your laboratory retested the product. Your investigation determined your test method to be unsuitable because “
(b)(4)
.” After retesting with a method your laboratory determined suitable, you obtained passing results.
Your investigation concluded, without adequate supporting evidence, that your third-party laboratory “may have contaminated the sample,” though they indicated no laboratory error had occurred and results were reproducible. Further, although you acknowledge your original test method for AlphaCaine topical anesthetic gel was inappropriate, your investigation determined “
(b)(4)
.”
Your firm’s response is inadequate. You failed to perform a thorough evaluation of test methods used to ensure their adequacy.
In response to this letter, provide:
• Your procedures describing in-process and finished product sampling and testing. Address how you will ensure samples are representative and can detect variation within a batch. Include how testing of individual samples (
(b)(4)
) will be better leveraged to evaluate uniformity throughout the process.
• A comprehensive and independent assessment of your manufacturing processes to determine the current state of control as well as to determine if any process remediation and new validation studies are necessary. This assessment should include, but not be limited to, a study to extensively assess intra/inter-batch uniformity for all appropriate attributes of your drug products.
• A comprehensive, independent assessment of your water system design, control, and maintenance. Include a description of all areas in your water system that can be stagnant.
• A retrospective, independent review of all batch failures, rejected batches, returned drug products, complaints, and deviations that may have been related to microbiological contamination for the last three years.
• A comprehensive, independent assessment of your overall system for investigating deviations, discrepancies, complaints, out-of-specification (OOS) results, and failures. Provide a detailed action plan to remediate this system. Your action plan should include, but not be limited to, significant improvements in investigation competencies, scope determination, root cause evaluation, CAPA effectiveness, quality unit oversight, and written procedures. Address how your firm will ensure all phases of investigations are appropriately conducted.
• A retrospective, independent review of all invalidated OOS results (including in-process, release, and stability testing) for products currently in the U.S. market and within expiry as of the date of this letter. Include a report summarizing the findings of the analysis, detailing the following for each OOS:
o Determine whether the scientific justification and evidence relating to the invalidated OOS results conclusively or inconclusively demonstrate causative laboratory error.
o For investigations that conclusively establish laboratory root cause, provide rationale, and ensure that all other laboratory methods vulnerable to the same or similar root cause are identified for remediation.
o For all OOS results found by the retrospective review to have an inconclusive or no root cause identified in the laboratory, include a thorough review of production (e.g., batch manufacturing records, adequacy of the manufacturing steps, suitability of equipment/facilities, variability of raw materials, process capability, deviation history, complaint history, batch failure history). Provide a summary of potential manufacturing root causes for each investigation, and any manufacturing operation improvements.
• A comprehensive review and remediation plan for your OOS result investigation systems. The CAPA should include, but not be limited to, addressing the following:
o Quality unit oversight of laboratory investigations
o Identification of adverse laboratory control trends
o Resolution of causes of laboratory variation
o Initiation of thorough investigations of potential manufacturing causes whenever a laboratory cause cannot be conclusively identified
o Adequately scoping of each investigation and its CAPA
o Revised OOS investigation procedures with these and other remediations.
• A complete assessment of documentation systems used throughout your manufacturing and laboratory operations to determine where documentation practices are insufficient. Include a detailed CAPA plan that comprehensively remediates your firm’s documentation practices to ensure you retain attributable, legible, complete, original, accurate, and contemporaneous records throughout your operation.
• Documentation to confirm the identity, cleaning, and sanitization of the
(b)(4)
used in the manufacture of Paroex 0.12% chlorhexidine oral rinse, starting with lot C170FY. Specify the
(b)(4)
used in lot C170FY and each following lot.
2. Your firm failed to establish laboratory controls that include scientifically sound and appropriate specifications, standards, sampling plans, and test procedures designed to assure that components, drug product containers, closures, in-process materials, labeling, and drug products conform to appropriate standards of identity, strength, quality, and purity (21 CFR 211.160(b)).
Your non-sterile aqueous-based drug product specifications did not include
Burkholderia cepacia
until October 2020. In 2012, you had identified
Burkholderia cepacia
testing as a requirement for chlorhexidine in your OOS investigation #268. However, you did not update your finished product specifications to include this testing until after Paroex 0.12% chlorhexidine oral rinse manufactured at your facility was found contaminated with
Burkholderia cepacia
complex in 2020.
Your response is inadequate. You stated that the testing protocol submitted in the Paroex 0.12% chlorhexidine oral rinse drug application did not include
Burkholderia cepacia
, and that the United States Pharmacopeia (USP) General Chapter <1111> lacks explicit reference to
Burkholderia cepacia
complex.
Your response states that you “followed the guidance outlined in” USP General Chapter <1111>. You add that “USP <1111> does not require testing these products for the absence of
B. cepacia
.”
It should be noted that USP <1111> states that the list of specified microbes “is not necessarily exhaustive, and for a given preparation it may be necessary to test for other microorganisms.” Per USP, “the significance of other organisms recovered should be evaluated” considering multiple factors. Finally, USP <1111> is an informational chapter, and does not establish “requirements” or CGMP expectations.
It is critical that firms establish scientifically sound and appropriate specifications for total count limits and freedom from objectionable microorganisms. Release testing under CGMP may include, but not be limited to, methods found in a drug application, those found in USP test chapters, and any additional tests as per 21 CFR 211.160. While USP methods are often incorporated into the release regimen, the methods are not necessarily batch release standards and may be insufficient to fully characterize the microbiological quality of a drug. USP chapters do not focus on identification of microbes, although this is essential to detect significant opportunistic pathogens in certain products. It is also important to note that USP acknowledges non-monograph tests and acceptance criteria may be necessary in addition to tests in the individual monograph. This is because it is manifestly impossible for each USP monograph to include all potential impurities and contaminants, including microbial contamination.
While it may be impractical for each potentially objectionable microbe to be exhaustively listed in a specification, it is important that microbial flora found in your drug products be appropriately evaluated. This evaluation should include consideration of the full spectrum of patients who could receive your products based on their intended use. Such assessments should include input from qualified staff, such as individuals with strong microbiology and clinical expertise.
Your firm continued to release drug products without BCC testing and did not update specifications until October 2020.
Your drugs are often used in hospital or clinical settings in which patients may have a higher vulnerability to infection with
Burkholderia cepacia
and other objectionable organisms. Detecting numbers and types of objectionable microorganisms in your drug products is critical to making appropriate batch disposition decisions.
In response to this letter, provide:
• A comprehensive independent assessment of your laboratory practices, procedures, methods, equipment, documentation, and analyst competencies. Based on this review, provide a detailed plan to remediate and evaluate the effectiveness of your laboratory system (including ensuring adequacy of testing functions performed by a third-party laboratory on your behalf).
• A list of microbial specifications, including test methods, used to analyze each lot of your drug products before release to ensure they are appropriate for their intended use. Also include the formulas (ingredients; percent composition) for each drug product, and state whether you will be testing batches for BCC as part of release testing. Release testing specifications should be developed based, in part, on your formulation and validated manufacturing steps to ensure your aqueous drug products are free from BCC.
• An action plan and timelines for conducting full microbiological testing of retain samples to determine the quality of all batches of drug product with aqueous formulations distributed to the United States that are within expiry as of the date of this letter (if not already retrospectively tested). Include a summary of all results obtained from testing retain samples from each batch within expiry. You should test microbiological quality (total counts; identification of bioburden to detect objectionable microbes) of each batch. If such testing reveals an OOS result or otherwise indicates substandard quality, take rapid corrective actions, such as notifying customers and assessment for product recalls.
• A comprehensive, independent assessment of the design and control of your firm’s manufacturing operations, with a detailed and thorough review of all microbiological hazards and a CAPA plan that describes improvements to design and control.
• Complete retrospective investigations into all batches with potential objectionable microbial contamination or an OOS microbiological result (whether or not later invalidated). The investigations should detail your findings regarding the root causes of the contamination.
3. Your firm failed to establish adequate written procedures for production and process control designed to assure that the drug products you manufacture have the identity, strength, quality, and purity they purport or are represented to possess (21 CFR 211.100(a)).
You did not adequately validate the processes used to clean your non-dedicated, product-contact equipment.
A. You observed residue on
(b)(4)
during the 0.12% chlorhexidine gluconate oral rinse cleaning validation. Although you documented the deviation, you did not identify the residue. You determined that no corrective action was necessary, and your cleaning procedures remained unchanged. You selected 0.12% chlorhexidine gluconate oral rinse for your cleaning validation study because you manufacture the drug product
(b)(4)
and claim that it represents other water-based rinses manufactured in the shared equipment.
B. Adequate validation or verification studies are not always performed when introducing
(b)(4)
risk products (e.g., difficult to clean, low solubility) into the non-dedicated equipment. For example, you neither incorporated Oral Cleansing Gel, 1.7% hydrogen peroxide into your
(b)(4)
-based cleaning validation matrix nor performed cleaning verification to evaluate the cleanability of this new, more viscous product.
C. A
(b)(4)
was
(b)(4)
when failing microbiological results were obtained during the 0.12% chlorhexidine gluconate oral rinse cleaning validation. Your cleaning procedures were not updated to reflect the need for this additional
(b)(4)
performed during the validation.
D. Your cleaning validation studies do not include all product-contact manufacturing equipment, such as
(b)(4)
.
E. Your procedures are
(b)(4)
, lack specificity to ensure repeatability, and do not require equipment to be
(b)(4)
to ensure hard to reach areas are cleaned properly.
Cleaning programs should be designed to ensure equipment is consistently and properly cleaned to prevent contamination. Inadequate removal of residues from product contact surfaces of non-dedicated manufacturing equipment during cleaning can lead to cross-contamination of drug products subsequently manufactured on that equipment.
We acknowledge you updated cleaning procedures and commit to perform additional validations as needed. However, your response did not adequately assess the risk of potential cross-contamination and its effect on product quality for batches of drug product manufactured on this shared equipment.
In response to this letter, provide:
• A comprehensive, independent retrospective assessment of your cleaning effectiveness to evaluate the scope of cross-contamination hazards. Include the identity of residues, other manufacturing equipment that may have been improperly cleaned, and an assessment whether cross-contaminated drug products may have been released for distribution. The
assessment should identify any inadequacies of cleaning procedures and practices and encompass each piece of manufacturing equipment used to manufacture more than one product.
• A CAPA plan, based on the retrospective assessment of your cleaning program, that includes appropriate remediations to your cleaning processes and practices, and timelines for completion. Provide a detailed summary of vulnerabilities in your process for lifecycle management of equipment cleaning. Describe improvements to your cleaning program, including enhancements to cleaning effectiveness; improved ongoing verification of proper cleaning execution for all drug products and equipment; and all other needed remediations.
• Appropriate improvements to your cleaning validation program, with special emphasis on incorporating conditions identified as worst-case in your drug manufacturing operation. This should include, but not be limited to, identification and evaluation of all worst-case:
o Drugs with higher toxicities
o Drugs with higher drug potencies
o Drugs of lower solubility in their cleaning solvents
o Drugs with characteristics that make them difficult to clean
o Swabbing locations for areas that are most difficult to clean
o Recovery studies to ensure swab sample results are reliable and meaningful
o Maximum hold times before cleaning
In addition, describe the steps that must be taken in your change management system before introduction of new manufacturing equipment or new product.
• A summary of updated SOPs that ensure an appropriate program is in place for verification and validation of cleaning procedures for drug products, processes, and equipment.
4. Your firm failed to use equipment in the manufacture, processing, packing, or holding of drug products that is of appropriate design, adequate size, and suitably located to facilitate operations for its intended use and for its cleaning and maintenance (21 CFR 211.63)
Your manufacturing equipment is not designed and maintained appropriately.
(b)(4)
Upon our request, you
(b)(4)
installed on
(b)(4)
. Our investigators observed residue inside the
(b)(4)
after the equipment had been cleaned and sanitized. Also during our inspection,
Pseudomonas aeruginosa
was isolated from
(b)(4)
located on another manufacturing
(b)(4)
.
(b)(4)
are not easily cleanable (including sanitizable) and can contribute to contamination.
Your response is inadequate.
• You stated that
(b)(4)
would have been
(b)(4)
because it was outside the
(b)(4)
clean hold time. However, you failed to explain why these residues were present after the equipment had already been cleaned and sanitized per your validated procedure.
• You stated that the white residue was “most likely residual
(b)(4)
from the hand sanitizer product.” However, after manufacturing the hand sanitizer,
(b)(4)
had been cleaned, sanitized, and used to make another product, hydrogen peroxide rinse, 1.5% w/w. Your response lacks evidence to support your hypothesis regarding the identity of the residues.
• You indicated that
(b)(4)
will solve this insanitary design problem and commit to implement procedures to
(b)(4)
as part of routine cleaning. You did not provide any mitigating action until this CAPA intended to remediate the cleaning issue is implemented. You continue to manufacture and release drug products.
Backflow Prevention Systems
Your
(b)(4)
connected to
(b)(4)
lacked an effective backflow prevention system to prevent contamination of drug product from downstream equipment. Upon request by our investigators, your firm swabbed the visibly contaminated and thoroughly
(b)(4)
and
(b)(4)
. Numerous microorganisms, including
Pseudomonas aeruginosa, Enterobacter cloacae
, and
Klebsiella oxytoca
, were recovered. You were unable to provide any evidence the insanitary
(b)(4)
had been changed since it was installed. Equipment used in pharmaceutical manufacturing operations should be maintained in sanitary condition, and it is critical for certain equipment to be designed with a backflow prevention system to protect drug products from contamination.
Your response is inadequate. The process flow diagram included in your response shows
(b)(4)
and
(b)(4)
also use the same
(b)(4)
as
(b)(4)
without any mechanism to prevent backflow. The process flow diagram does not provide sufficient assurance of effective backflow prevention mechanisms to protect each of the
(b)(4)
associated with the
(b)(4)
. Your response does not evaluate drug products manufactured in
(b)(4)
and
(b)(4)
.
Production Oversight and Equipment Maintenance
In addition, your production management does not ensure the equipment used in the manufacture of drug products is suitable for its intended use and is properly maintained.
Although the aforementioned
(b)(4)
was manifestly contaminated for an extended period, your production management failed to identify and remove the insanitary filter from use.
Our investigators also observed packaging tape being used to seal the outside of a
(b)(4)
on
(b)(4)
. Your employees explained that the packaging tape was being used so that the equipment would be able to hold a
(b)(4)
.
Your response is inadequate. You stated that you repaired the kettle and commit to prevent unapproved maintenance activity in the future. However, there is no evidence that you performed a thorough evaluation of the current state of your manufacturing equipment. Also, you did not state how you were going to improve
(b)(4)
oversight of your facility and equipment.
In response to this letter, provide:
• Your CAPA plan to implement
(b)(4)
operations management oversight of facilities and equipment. This plan should ensure, among other things, evaluating suitability of equipment for its intended use, prompt detection of equipment/facilities performance issues, effective execution of repairs, adherence to appropriate preventive maintenance schedules, timely technological upgrades to the equipment/facility infrastructure, and improved systems for ongoing management review.
• An independent, third-party review to evaluate objectively the sanitary design of your facilities and equipment, and to assess the adequacy of maintenance and control practices. Provide a detailed summary of their assessment and associated CAPA activities you will be undertaking.
• Updated diagrams clearly identifying the
(b)(4)
located between the
(b)(4)
and the associated
(b)(4)
.
Medical Device Quality System Violations
1. Failure to establish and maintain procedures to control product that does not conform to specified requirements, as required by 21 CFR 820.90(a). Specifically, a nonconformance was not generated after the filling line mechanic found the
(b)(4)
used on filling line
(b)(4)
(Hydral Dry Mouth Spray, Lot C164FT). The master filling/packaging batch record for Hydral Dry Mouth Spray, Lot C164FT section 2.2.5 requires the
(b)(4)
.
The filter event was discussed in your out-of-specification investigation OOS-907 in response to the test results indicating
Burkholderia
, sp. contamination of the Hydral Dry Mouth Spray, Lot C164FT. The OOS-907 report confirmed that upon deconstruction of the filter housing that the filter was not connected to the cap and that product could have bypassed the filter. The OOS-907 states that the filter was not likely effective throughout the entire fill of the lot. Although the cause for the
Burkholderia
in the lot was attributed to contaminated product provided by the primary manufacturer and formula owner, you failed to adequately investigate the filter nonconformance.
Your firm’s response does not adequately address the observation. For example, your firm’s response indicates that your Out of Specification (OOS) procedure QSP 14.03 does not require
(b)(4)
. There was no evaluation into the cause of the
(b)(4)
used on filling line
(b)(4)
(Hydral Dry Mouth Spray, Lot C164FT). Your firm’s response further states that you do not use
(b)(4)
for the filling of any other products and that the Hydral Dry Mouth Spray will no longer be filled by DTI. The evaluation of nonconformances and the need for a timely investigation is essential to protecting against recurrence. Your firm has not established adequate OOS procedures to ensure the identification, documentation, evaluation, segregation and disposition of nonconforming product by DTI personnel.
2. Failure to conduct, control and monitor production processes to ensure that a device conforms to its specifications, as required by 21 CFR 820.70. Specifically, the Master Filling/Packaging batch record for Hydral Dry Mouth Spray, Lot C164FT section 2.2.5 requires the use of the
(b)(4)
. The
(b)(4)
by the line mechanic
(b)(4)
for the Hydral Dry Mouth Spray, Lot C164FT. Your firm’s OOS-907 states that the filter was likely not effective throughout the entire fill of the lot.
Your firm’s response is inadequate in that the corrective actions taken by your firm are not complete and appropriate to remedy the deficiencies identified on Observation 5 of the form FDA 483, Inspectional Observations. Your firm failed to adequately address the lack of process controls in the manufacture of Hydral Dry Mouth Spray. Your response states that the Hydral Dry Mouth Spray is the only product that uses the
(b)(4)
and that your firm has discontinued manufacturing the product. The response is inadequate in that it does not address the underlying issue regarding the monitoring of controlled processes to ensure they remain in control. This affects all processes that can have an impact on product specifications for all products manufactured at your firm and is not limited to the Hydral Dry Mouth Spray filling operations.
Quality Systems
Your firm’s quality systems are inadequate. For guidance on establishing and maintaining CGMP-compliant quality systems, see FDA’s guidances: Q8(R2) Pharmaceutical Development at
https://www.fda.gov/regulatory-information/search-fda-guidance-documents/q8r2-pharmaceutical-development
, Q9 Quality Risk Management at
https://www.fda.gov/regulatory-information/search-fda-guidance-documents/q9-quality-risk-management
, and Q10 Pharmaceutical Quality System at
https://www.fda.gov/regulatory-information/search-fda-guidance-documents/q10-pharmaceutical-quality-system
.
Objectionable Organisms
For further information regarding the significance of
B. cepacia
complex and other objectionable contamination of non-sterile, water-based drug products, see FDA’s advisory notice posted on July 7, 2021, at
https://www.fda.gov/Drugs/DrugSafety/ucm559508.htm
.
Drug Production Ceased
We acknowledge your commitment to cease production of 0.12% chlorhexidine oral rinse.
In response to this letter, clarify whether you intend to resume manufacturing this drug for the U.S. market at this facility in the future. If you plan to resume manufacturing 0.12% chlorhexidine oral rinse for the U.S. market, notify this office before resuming your operations.
Responsibilities as a Contractor
Drugs must be manufactured in conformance with CGMP. FDA is aware that many drug manufacturers use independent contractors such as production facilities, testing laboratories, packagers, and labelers. FDA regards contractors as extensions of the manufacturer.
You are responsible for the quality of drugs you produce as a contract facility regardless of agreements in place with application sponsors and product owners. You are required to ensure that drugs are made in accordance with section 501(a)(2)(B) of the FD&C Act for safety, identity, strength, quality, and purity. See FDA’s guidance document Contract Manufacturing Arrangements for Drugs: Quality Agreements at
https://www.fda.gov/regulatory-information/search-fda-guidance-documents/contract-manufacturing-arrangements-drugs-quality-agreements-guidance-industry
.
CGMP Consultant Recommended
Based upon the nature of the violations we identified at your firm, we strongly recommend engaging a consultant qualified as set forth in 21 CFR 211.34 to assist your firm in meeting CGMP requirements. Your use of a consultant does not relieve your firm’s obligation to comply with CGMP. Your firm’s executive management remains responsible for resolving all deficiencies and systemic flaws to ensure ongoing CGMP compliance.
Conclusion
The violations cited in this letter are not intended to be an all-inclusive list of violations that exist at your facility/in connection with your products. You are responsible for investigating and determining the causes of any violations and for preventing their recurrence or the occurrence of other violations.
Correct any violations promptly. Failure to promptly and adequately address this matter may result in regulatory or legal action without further notice including, without limitation, seizure and injunction. Unresolved violations may also prevent other Federal agencies from awarding contracts. Additionally, should FDA determine that you have Quality System regulation violations that are reasonably related to premarket approval applications for Class III devices, such devices will not be approved until the violations have been corrected.
Failure to address violations may also cause FDA to withhold issuance of Export Certificates. FDA may withhold approval of new applications or supplements listing your firm as a drug manufacturer until any violations are completely addressed and we confirm your compliance with CGMP. We may re-inspect to verify that you have completed corrective actions to address any violations. Also, should FDA determine that your devices do not meet the requirements of the Act, requests for Certificates to Foreign Governments (CFG) may not be granted.
This letter notifies you of our findings and provides you an opportunity to address the above deficiencies. After you receive this letter, respond to this office in writing within 15 working days. Specify what you have done to address any violations and to prevent their recurrence. In response to this letter, you may provide additional information for our consideration as we continue to assess your activities and practices. If you cannot complete corrective actions within 15 working days, state your reasons for delay and your schedule for completion.
Your written notification should refer to the Warning Letter Number above (612599). Please address your reply via email to: ORAPHARM3_RESPONSES@fda.hhs.gov
Attention: Russell K. Riley, Compliance Officer
U.S. Food and Drug Administration
Division of Pharmaceutical Quality Operations Division III
If you have questions regarding the contents of this letter, please contact Russell K. Riley at (630) 277-1908.
Sincerely,
/S/
Nicholas F. Lyons
Acting Program Division Director
Division of Pharmaceutical Quality Operations Division III
Sincerely,
/S/
Blake Bevill, M.S.
Program Division Director
Office of Medical Devices and Radiological Health
Operations Div. 2 Central
Content current as of:
12/14/2021
Regulated Product(s)
Medical Devices