Date: 2018-12-12Category: Not ApplicableState: Union GovernmentCountry: India
Consideration of the directions of Hon'ble Supreme Court in the case of 294 FDCs in respect of FDCs with require further generation / submission of data
**Executive Summary:**
This notice from the Central Drugs Standard Control Organization addresses Fixed Dose Combinations (FDCs) that were the subject of a Supreme Court judgement following complaints about unapproved FDCs being marketed. It directs State/UT Drugs Controllers to have manufacturers of 17 specific FDCs submit data by February 28, 2019, in a specified format, to determine their rationality, safety, and efficacy. Failure to submit data may result in decisions based on available information.
**Key Points / Main Content:**
* **Background:**
* Complaints were received in 2007 regarding unapproved FDCs being marketed.
* The Drugs Controller General of India (DCGI) prepared a list of 294 FDCs and directed their withdrawal.
* The matter was reviewed by the Drugs Technical Advisory Board (DTAB) and a sub-committee.
* The Supreme Court accepted DTAB recommendations on December 15, 2017.
* **Data Submission Requirement:**
* Manufacturers of 17 FDCs (listed in Annexure A) must submit data to prove rationality, safety, and efficacy.
* Data must be submitted in hard copy and soft copy (CD) as per the format in Annexure B.
* The submission deadline is February 28, 2019.
* **Consequences of Non-Compliance:**
* Failure to submit data may result in decisions based on existing information.
* **Annexure A: List of 17 FDCs requiring data submission**
* Lists the specific FDC formulations for which data is required.
* **Annexure B: Format for data submission**
* Outlines the required information, including composition, brand names, applicant details, approving authority, drug particulars, therapeutic justification, pharmacokinetic/pharmacodynamic rationality, safety/efficacy data, regulatory status in other countries, and label specimens.
**Impact Analysis**
* **State/UT Drugs Controllers:**
* *Impact:* Responsible for directing manufacturers within their jurisdiction to submit the required data.
* *Action Required:* Direct concerned manufacturers of the 17 listed FDCs to submit data in the prescribed format by February 28, 2019.
* **Manufacturers of the 17 Listed FDCs:**
* *Impact:* Must compile and submit data to support the rationality, safety, and efficacy of their FDCs.
* *Action Required:* Prepare and submit the required data in hard and soft copy (CD) as per Annexure B by February 28, 2019.
* **Consumer Associations:**
* *Impact:* The data will inform decisions about the safety and efficacy of FDCs available in the market.
* *Action Required:* No direct action stipulated.
* **CDSCO Zonal and Sub-Zonal offices**
* *Impact:* To stay informed and assist with the policy implementation.
* *Action Required:* No direct action stipulated, but to stay informed.
* **All Drugs manufacturer association**
* *Impact:* Awareness of the policy.
* *Action Required:* Publicise the policy widely amongst their members for submitting the data.
Key Entities Referenced
Fixed Dose Combinations: FDCs; Drugs containing two or more active pharmaceutical ingredients in a single dosage form.
Drugs Controller General India: DCGI; Responsible for approving licenses of specified categories of drugs
Central Drugs Standard Control Organization: CDSCO; Indian regulatory body for pharmaceuticals and medical devices.
DTAB: Drugs Technical Advisory Board; A statutory body advising the Central Government and State Governments on technical matters arising out of the Drugs and Cosmetics Act.
Hon'ble Supreme Court of India: The supreme judicial body of India, which has issued directions in the case of 294 FDCs.
High Court of Madras, Tamil Nadu: A High Court that granted a stay on the directions regarding the withdrawal of certain FDCs.
All State/UT Drugs Controllers: The drug regulatory authorities in each of the States and Union Territories of India.
Drugs and Cosmetics Rules: A set of rules in India which provide guidelines for manufacture, sale, distribution and testing of drugs and cosmetics.
F. No. 04-146/2007-DC
Government of India
Directorate General of Health Services
Central Drugs Standard Control Organization
(FDC Division)
FDA Bhawan, Kotla road,
New Delhi
nase: P20EC 2018
To
All State/UT Drugs Controllers
Subject:- Consideration of the directions of Hon’ble Supreme Court of India in the
case of 294 FDCs in respect of FDCs which require further generation of
data -reg.
Sir,
The office of Drugs Controller General (India) received complaints from Consumer
Associations in year 2007 regarding Fixed Dose Combinations (FDC) not approved by
DCG(I) but marketed in the country. As a part of follow up action of complaints, the office of
DCG(I) prepared a list of 294 FDCs and directions were issued to all State/UT Drugs
Controllers to withdraw these 294 FDCs which were licensed without approval of DCG(I).
The manufacturers association, however, got stay from the Hon'ble High Court of Madras on
the directions issued in the matter.
The matter was then placed in DTAB in the 56" meeting dated 16.01.2008. A Sub-
Committee was constituted by DTAB to examine these FDCs. Accordingly, the Sub-
Committee examined these FDCs and submitted its report to the DTAB. DTAB in its meeting
held on 16.02.2015 agreed with the recommendations of Sub-Committee of DTAB. The
Hon'ble Supreme Court as per its judgement dated 15.12.2017 has accepted the
recommendations of DTAB.
As per the recommendations of DTAB, there are 17 FDCs for which data provided by the
manufacturer was considered inadequate to prove its rationality, safety & efficacy. List of
these FDCs is annexed herewith as Annexure-A.
You are requested to direct all concerned manufacturers of the above mentioned 17 FDCs
under your jurisdiction to submit the information/data in the prescribed format in hard copy
as well as soft copy(i.e. in CD form) as per Annexure-B latest by 28.02.2019 so that further
action can be taken in these FDCs.
It may also be communicated that in case of non-submission of data, this Directorate
reserves the right to make its decision on the basis of information available before it in light
of the judgement of the Hon'ble Supreme Court.
Yours faithfully,
(Dr. S. Eswara Reddy)
Drugs Controller General (India)
Copy for information and necessary action to:-
1. Web site of CDSCO.
2. CDSCO Zonal and Sub-Zonal offices.
3. All Drugs manufacturer association with the request to publicise it widely amongst
their members for submitting the data.Annexure A
Sr. no. Name of FDC
fl Acetyl salicylic acid+Ethoheptazine
Z Allantoin+Dimethicone+Methylparaben+Propylparaben
3 Aloe extract+allantocin+Alfa tocoferal acetate+D-panthemol+VitA
4 Aloe extract+Vit-E+Dimethicone+Glycerine
5 Aloe vera+Jojoba oil+Vit-E
6 Aloe vera+Orange oil
7 Aloe vera+Vit-e acetate
8 Aloe+tocopherol
9 Aloevera+Glycerine+PEG 100 stearate+Vit E
10 Aloevera+Jojoba oil+tWheat germ oil+Tea tree oil
11 . Aloevera+Vit-E+Herbal
12 Ampicillin+Flucloxacillin Sodium Salt
73 Ampicillin+Flucloxacillin Sodium SalttLactobacillus Acidophilus
14 Dicyclomine+Paracetamol+Clidinium Bromide
15 Dicyclomine+Paracetamol+Clidinium bromide+Chlordiazepoxide
16 Gliclazide+Chromium picolinate
17 Paracetamol+LignocaineAnnexure B
Format for submission of information on FDC
(Submit information as hard copy as well as soft copy)
S. Item
Response
(a) Composition of Product:
(Details of all
strengths/dosage forms)
(b) Brand name/s, if any:
(c) Name of the Applicant,
specify if
i. Manufacturer:
ii. Marketer :
lili. Petitioner/appellant
(d) Approving authority with Name of the Authority Year of Approval
year of approval
Signature of the Authorized representative:
Name:
Designation:
Date:
Place:
Communication (Address, Telephone, Email) Details:
Company Seal:YS.
Item
Response
No.
2s Particulars of the drug: Dosage form, composition of the
formulation (including all active ingredients,
pharmacological classification)
Be Indication(s)
4. Provide a copy of Package insert as per Schedule Y of
Drugs & Cosmetics Rules.
5, State the category (as per Appendix VI) under which
FDC approval is claimed
6. a) Therapeutic justification / rationale for each ingredient
and quantity in the FDC
b) Therapeutic value claimed or purported to be claimed
of the FDC (Postulated advantage/ value of FDC)
(Submit a one-page summary with highest level of
evidence, supporting the claim of postulated
advantage/rationale. The evidence should be enclosed in
the form of maximum of five relevant ful] text articles in
peer-reviewed journals/ relevant pages from textbooks)
[Tick (v) appropriate option(s)]
1._Increased efficacy
li. Reduced incidence and/or severity of adverse effects
ili. Dose reduction
iv. Reduced cost
v. Booster for another drug
vi. Improved patient adherence/ Convenience
vii. Minimization of abuse of other actives
Vili. Simpler logistics of procurement and/ or distribution
1x. Reduced development of microbial resistance
x. Any other (please specify)S. Item
Response
7. Pharmacokinetic/ pharmacodynamics rationality with
half-life details of individual ingredients, dosage
schedule of individual drugs
(Submit a one-page summary with highest level of
evidence, supporting the claim of postulated
advantage/rationale. The evidence should be enclosed in
the form of maximum of five relevant full text articles in
peer-reviewed journals/ relevant pages from textbooks)
8. Published data regarding safety and efficacy of FDC
(Submit a one-page summary with highest level of
evidence, supporting the claim of postulated
advantage/rationale. The evidence should be enclosed in
the form of maximum of five relevant full text articles in
peer-reviewed journals/ relevant pages from textbooks)
9. Original Safety & Efficacy data if any, regarding the
FDC, generated by the applicant
(Submit a one-page summary.Also submit the article
based on these data, if publishedorone-page abstract of
each study if unpublished with CTRI number, if
available)
10. | Regulatory status of the FDC in other countries
10.1 | Countries where the drug is:
(a) Marketed
(b) Approved
(c) Approved as IND
(d) withdrawn, if any, with reasons
10.2 | Restrictionson use, if any, in countries where
marketed/approved
i Specimen of labels and cartons
12 Any other relevant information
i
(Note: Individual Form shall be submitted for each FDC and all above information shall be
provided for each strength/ dosageform for an FDC in the same form or separate form if
required)