Note that KV’s justification, in part, is that there is now a commercially available compound whereas before there was none.Again, since they sent out the letters, it would appear that it is prior art.
I’m not totally convinced. From that same letter in footnote 1:There may be certain exemptions from FDA’s “new drug” requires for compounding pharmacies in Texas, Louisiana and Mississsippi. However, in order for the exemptions to apply, certain requirement must be satisfied. Notably, the exemption from the FDA’s new drug requirements does not apply to compounded drugs that are essentially copies of commercially available drug products.
So it seems that mode of delivery can make a compounded version other than a copy.
Also, earlier where this footnote is referenced, it says:Indeed, as articulated by the FDA in numerous enforcement actions, FDA has stated that it views compounded drugs to be “new drugs” within the meaning of 21 U.S.C 321(p), and as such, they may not be introduced into interstate without FDA approval.
Given that most compounding pharmacies are generating the treatments for local use, and not for interstate sales, I don’t see how this can apply to most pharmacies. It seems to me that the only compounding pharmacies that would be affected are the ones that sell across state lines, such as mail order pharmacies.
My sense is that the FDA screwed up royally. Read the letter and see if you think that KV really thinks that the drug is prior art.It is right to blame them. Them and the FDA.
This isn’t the first time this has happened. From a year ago:
pipeline.corante.com/archives/2010/04/14/colchicines_price_goes_through_the_roof.php
From the article:URL Pharma, a generic manufacturer, took the time and trouble to get fresh data on colchicine for gout attacks, and was granted a three-year marketing exclusivity period. So far, so good - but they then turned around and ran the price up by a factor of fifteen. They also filed suit against other small companies that were selling colchicine in the generic market, with the result that other domestic sources of the drug might dry up (four of the other companies are fighting back in court).
This move by KV to seek FDA approval and exclusive rights seems to be a common practice. And, the same author explains why this is the case. From another article:
pipeline.corante.com/archives/2011/03/11/makenas_price_what_to_do.php
He says:
The company picked its target carefully. I will say this, that KV’s trials have presumably clarified the question of whether progesterone therapy actually does help. You’d think that the 2003 study would have answered that, and as it turned out, it had. A review of the field in 2006 concluded that it was a worthwhile therapy, from a cost/benefit standpoint, as did another review in 2007. (Mind you, that wasn’t at any $1500 a throw, was it?) But a Cochrane review from last year concluded that there still wasn’t enough evidence to recommend the whole idea. And progesterone therapy doesn’t seem to help with twin or triplet pregnancies or with some other gestational problems. No, the 2003 study seemed fairly strong, and has the greatest relevance to public health, so that’s what the company went for. From one viewing angle, the system worked.
My take, though, is that as long as the regulatory environment is set to value FDA’s stamp of approval for old drugs this highly, that people will continue to take advantage of it. You subsidize something; you’re going to get it. Personally, I don’t think that the balance is right, but I’m open to suggestion about what to do about it. A shorter period of market exclusivity would just mean, I think, that the prices go up even higher once a drug gets re-approved. Just throwing up our hands and letting all that old stuff stand is a possibility, but there may well still be some of these things that aren’t as effective as we think, or aren’t being dosed right, and we have to decide what the cost is of letting those situations stand.
The point is that this kind of therapy hasn’t been completely vetted, and thus far the only FDA approved use (i.e. on-label use) is Makena. Compounding versions have been off-label and unapproved.
This is outrageous.Read the letter.Read the letter.
The outrage, then, should be with the FDA for granting exclusivity, not KV for creating an FDA approved version. The FDA is the agency forcing compounding pharmacies to not provide “new drugs” without approval, not KV. Also from the letter (emphasis mine):FDA’s approval of Makena ensures physicians and women with a singleton pregnancy who have a history of singleton spontaneous preterm birth have a
safe and effective option to reduce the risk of preterm birth.
And this is part of the point I have been making Makena has been demonstrated to be effective. Combined with quality control measures, which may be very different depending upon the compounding pharmacy, Makena is a better option. The investment that KV made in the product (purchase price from Hologenic, further testing, FDA approval process, capital costs for manufacturing, etc) all must be factored into the cost. And that is sure to make it more than $10 per dose.