New Guidance: Formal FDA Meetings for Biosimilar Product Development

On 01 April 2013, the FDA released its fourth guidance regarding the development of biosimilar products: Formal Meetings Between the FDA and Biosimilar Biological Product Sponsors or Applicants.  Biosimilars are biological products that are demonstrated to be “highly similar” or “interchangeable” to an approved biological product.  The process for the approval of biosimilar products was initiated with the Biologics Price Competition and Innovation Act of 2009 (BPCI), which was part of the Affordable Care Act.  The first three guidances released regarding biosimilars detail scientific considerations for demonstrating biosimilarity to a reference product;  quality considerations in demonstrating biosimilarity to a reference protein product; and a Q&A guidance about the implementation of BPCI.  This newest guidance creates a process for formal meetings with the FDA regarding biosimilar product development.

The guidance introduces five types of formal meetings:

1)      Biosimilar Initial Advisory Meeting:

A preliminary meeting for the sponsor to obtain feedback and advice regarding if licensure of the proposed product as a biosimilar is feasible.  The sponsor should provide “preliminary comparative analytical similarity data” as well as an overview of the proposed development plan.

*Scheduled to occur within 90 calendar days of FDA receipt of written meeting request and meeting package.

2)      Biological Product Development (BPD) Type 1 Meeting:

A meeting to discuss otherwise stalled development programs.  Examples of topics to be discussed at a BPD Type 1 meeting include clinical holds, special protocol assessments, safety issues, and dispute resolution.

*Scheduled to occur within 30 calendar days of FDA receipt of written meeting request and meeting package.  Before requesting a BPD Type 1 meeting, sponsors should first consult with the relevant division in CBER or CDER regarding the suitability of the request.

3)      BPD Type 2 Meeting:

To discuss specific issues (such as a proposed study design) or questions regarding targeted advice for an ongoing BPD program.  Sponsors should be prepared for a “substantive review of summary data”, but not of full study reports.

*Scheduled to occur within 75 calendar days of FDA receipt of written meeting request and meeting package.

4)      BPD Type 3 Meeting:

In-depth data review and advice meeting regarding an ongoing BPD program.  Topics for discussion include substantive reviews of full study reports, FDA advice regarding similarity of the biosimilar and reference product; and FDA input on need and design of additional studies.

*Scheduled to occur within 120 calendar days of FDA receipt of written meeting request and meeting package.

5)      BPD Type 4 Meeting:

Discussion of format and content of biosimilar product application or supplement.

*Scheduled to occur within 60 calendar days of FDA receipt of written meeting request and meeting package.

Fees

To participate in the BPD program, both an initial BPD and an annual BPD fee are required.

The initial BPD fee is due within 5 calendar days after the FDA grants a Type 1, 2, 3, or 4 meeting or on the date an IND is filed for the biological product, whichever occurs first.  The initial BPD fee is equal to 10% of the PDUFA rate for a marketing application requiring clinical data (for 2013, that fee is $1,958,800.  Thus, the initial BPD fee for 2013 is $195,880).  There is no fee required for a Biosimilar Initial Advisory meeting.

The annual BPD fee will be assessed beginning the following year until a marketing application for the biosimilar product is submitted or the development of the biosimilar is discontinued.  The fee amount is the same as the initial fee ($195,880 for 2013) and is due the first business day on or after October 1 of each year.

Additionally, if a biosimilar program is discontinued and the sponsor wants to restart the program at a later date, a BPD reactivation fee is required.  This fee is 20% of that year’s PDUFA fee ($391,760 for 2013).  The BPD reactivation fee is due within 5 calendar days after the FDA grants a Type 1, 2, 3, or 4 meeting or on the date an IND is filed for the biological product, whichever occurs first.

Upon filing a marketing application or supplement, “the fee for the application is reduced by the cumulative amount of these previously paid fees.”

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New FDA Guidances for March 2013

FDA released several interesting new guidances last month, including several regarding communications with the FDA. Types of Communication During the Review of Medical Device Submissions is in accordance with the MDUFA III goals and includes descriptions of acceptance review communications, substantive interactions, interactive review, and missed MDUFA decision communications.

Formal Meetings Between the FDA and Biosimilar Biological Product Sponsors of Applicants is in response to performance goals set out in the Biosimilar User Fee Act of 2012.  Watch for a review of this guidance in the coming weeks!

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The Dawn of a New Clinical Paradigm in the Land of the Rising Sun

A major milestone in the use of stem cells in human therapies was reached in February of 2013.  An ethics committee has authorized the first in-human study utilizing induced pluripotent stem cells (iPSCs) in the treatment of a human disease at the Kobe City Medical Center General Hospital in Japan.  A team led by Dr. Masayo Takahashi is proposing to generate iPS cells, differentiate them into cells normally found in the eye, and use them to repopulate the retinas of patients suffering from macular degeneration, a condition that can lead to blindness.  Dr. Takahashi’s group has successfully performed the procedure in animal models and is now moving to the clinic.  Guidelines for the use of human stem cells in clinical research were adopted by the Ministry of Health, Labor, and Welfare (MHLW) in Japan in July 2006 and were revised in November 2010.  The revision of the guidelines made specific mention of iPSCs and so Japan has been preparing the regulatory framework for just such a study.

iPSCs were first described in a 2006 paper from the laboratory of Dr. Shinya Yamanaka.  Dr. Yamanaka would later share (with Dr. John Gurdon) the 2012 Nobel Prize for Physiology or Medicine for his work on iPSCs.  Dr. Yamanaka’s group at the University of Kyoto successfully reprogrammed adult mouse fibroblasts (which are connective tissue cells, frequently isolated from skin but found throughout the body) to a pluripotent stem cell-like state.  Because of their undifferentiated state, iPSCs can be manipulated to form a variety of other cell types, from heart cells to retinal pigmented epithelial cells (the cell type Dr. Takahashi is hoping to replace in her patients).  These iPSCs have many of the properties of embryonic stem cells but avoid the potential ethical concerns raised by the manipulation human embryos.  It should be noted that Japan’s stem cell guidelines still specifically prohibits the use of human embryonic stem cells in clinical research until standards are established for research using human embryos.  In addition to fewer ethical concerns with iPSCs, these cells also have some medical benefits.  Because they can be derived from adult fibroblasts, it is possible to derive iPSCs from an individual for use in their own medical treatment.  Using these autologous cells potentially mitigates the issue of tissue rejection.

With characteristics like those, it seems like iPSCs should be a gold mine for new medical treatments.  However, there are real and serious concerns with the clinical use of iPSCs.  One major concern within the medical and scientific community stems from the process by which iPSCs are made.  iPSCs are derived by inserting genes from four gene families (Oct3/4, Sox, Myc, and Klf) into a differentiated cell thereby reprogramming the cell to a less differentiated state.  Concern arises from the techniques being used to insert the genes into the cells.  Early generation iPSCs were created using retroviral insertion of the genes into the genome of the cell.  The insertion of the genes leads to two concerns.  The first concern is that integration of the viruses might disrupt important genes such as tumor suppressors, leading to cancer or other disease states.  These concerns have largely been assuaged by new techniques using non-integrating viral based, non-viral DNA based, RNA based, and protein based methods.

The second issue with iPS cells has to do with the genes used to convert the cells to iPS cells.  Both the Myc and Klf family of proteins are oncogenes, the genes that drive cancer.  Therefore, there is a valid concern that placing cells expressing those genes into human subjects will result in cancers developing from the transplanted cells.  This concern is highlighted by the fact that early experiments by Dr. Yamanaka’s group reported that 20% of the offspring of mice created using iPS cells eventually developed tumors, presumably due to reactivation of the retrovirally inserted Myc gene.  The use of oncogenes in the generation of iPSCs is one of the most concerning issues with regards to the potential use of iPS cells in the treatment of human disease.  However, use of the methods mentioned above (non-integrating viruses, non-viral DNA based, RNA based, and protein based methods) avoid this problem to some extent.  Because there is usually no integration of the oncogenes into the genome of the cell, they cannot be reactivated later in the cell’s lifecycle.  Presumably, Dr. Takahashi’s group has carefully analyzed their method for deriving iPS cells and differentiating them to retinal cells to avoid these dangers.  Had they not, the ethics committee would not have authorized a study in human subjects.

In conclusion, the ethics committee authorization of the study does not constitute a regulatory go‑ahead for Dr. Takahashi’s group.  The study still must be reviewed and approved by the MHLW before subjects can be enrolled and treated with the cells.  The MHLW does, as mentioned previously, have guidelines for how such a study should be designed and carried out.  Therefore, if this study conforms to their guidelines, it stands a chance of being authorized by the ministry.  The completion of a successful human trial using iPS cells would open the door to future trials for other indications and could revolutionize regenerative medicine.  The field of pluripotent stem cells, which is just over 30 years old, is a dynamic and quickly evolving area of science.  You can be sure regulatory agencies around the world will be watching.

This is a post by Nick Osborne, Ph.D.  Nick is a Scientist at Cato Research

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FDA’s New Guidances for February 2013

Several new guidance documents were released by FDA in February 2013, covering a wide range of subjects.

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Everything You Need to Know About Priority Review Vouchers: Part 2 of 2

The Rare Pediatric Disease PRV, the Difference in the PRVs, and the Future of the Program

The Rare Pediatric Disease Priority Review Voucher

PRV Coupon - Pt2

(If you haven’t read Part 1 yet, start there first!)

A new Priority Review Voucher (PRV) has been introduced that could be a game changer with respect to the program.  Nancy Goodman of Kids v Cancer, a childhood cancer research advocacy group, was the brainchild of the “Creating Hope Act” which sought to incentivize research for Rare Pediatric Diseases (RPD) using the Neglected Tropical Disease (NTD) PRV blueprint.  The Creating Hope act was co-opted into the Food and Drug Administration Safety and Innovation Act (FDASIA) which was signed in to law by President Obama on July 9th 2012.  §908 of FDASIA created §529 in the Federal Food, Drug, and Cosmetic Act entitled “Priority Review to Encourage Treatments for Rare Pediatric Diseases”.  The program is new enough that §529  is not written into the online copy of the FD&C Act that the Agency provides.  There have been no RPD PRVs awarded and guidance for the voucher is currently being written.  One thing is for sure, the pediatric PRV differs significantly from the tropical disease PRV.

The Differences

The RPD PRV legislation was written with the criticisms and concerns surrounding the original PRV in mind.  There are a number of substantive differences that were put in place designed to make the program more functional and attractive to both developers of drugs that qualify for the voucher and the eventual end user of the voucher.  Those differences are bulleted below: Continue reading

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