Parker Waichman LLP

FDA Sends Warning to Company for Promoting Drug for Unapproved Uses

The Office of Prescription Drug Promotion (OPDP), the Food and Drug Administration’s pharmaceutical advertising watchdog unit, has issued a warning to a company for allegedly promoting its product Injectafer for uses for which it had not received FDA approval. The warning, an Untitled Letter, is less serious than the agency’s more formal Warning Letters. The untitled […]

FDA Sends Warning to Company for Promoting Drug

FDA Sends Warning to Company for Promoting Drug

The Office of Prescription Drug Promotion (OPDP), the Food and Drug Administration’s pharmaceutical advertising watchdog unit, has issued a warning to a company for allegedly promoting its product Injectafer for uses for which it had not received FDA approval.

The warning, an Untitled Letter, is less serious than the agency’s more formal Warning Letters. The untitled letter does not threaten immediately regulatory enforcement action if a company fails to comply, according to Regulatory Affairs Professional Society (RAPS).

The letter, the first to be issued in 2015, was send Luitpold Pharmaceuticals in New Jersey, concerning Injectafer, an injectable treatment for adults with anemia who have not been successfully treated with oral iron or who have non-dialysis dependent chronic kidney disease.

OPDP explained that a video advertisement submitted by the company to regulators contains claims that could be interpreted to mean that Injectafer “is intended for a new use for which it lacks approval, and for which its labeling does not provide adequate directions.” The FDA said such claims would cause the drug to be misbranded under federal law, RAPS reports. The FDA contends that the ad talks about iron deficiency anemia (IDA) in general terms, and without necessary caveats about the limitations of Injectafer’s intended use. According to the FDA, portions of the ad are problematic from a regulatory perspective because they represent the drug as being intended to treat “all patients, including children, with IDA.” The FDA noted that the ad presented Injectafer’s two approved indications as add-on conditions. The FDA felt Luitpold’s ad had minimized potential risks associated with the product.

The risks are presented in text format at the bottom of the screen for just 30 seconds in the seven-minute ad segment. In addition, the FDA said the text was difficult to read because it was not presented on a contrasting background, according to RAPS. OPDP requested that the company immediately withdraw the advertisement.

 

What Our Clients Say About Us
We have worked with thousands of clients and we appreciate them and their positive reviews. Here are just a few recent client reviews...
5 Star Reviews 150
All my questions, some silly(?), were answered very professionally. Every detail was handled in a timely manner. Their correspondence is greatly appreciated. I couldn't be more satisfied.
Bruce Hendershot
6 years ago
5 Star Reviews 150
Nicoleta Mereuta ,answers all my questions and she was polite. She was a pleasure to talk too.
Brenda Simmons
7 months ago
5 Star Reviews 150
Positive: Quality
Frank Demarco
2 years ago

Why Choose Us to Help You?

We Take Care of Everything
Your situation is stressful enough: Let us take on the deadlines, paperwork, investigation, and litigation. We'll handle every detail so you don't have to worry.
No Recovery = No Legal Fees
We work on a contingency-fee basis, meaning that we only get paid from a portion of your settlement or jury award. If you don't get compensation, you owe us nothing.
Decades of Experience
Your situation is stressful enough: Let us take on the deadlines, paperwork, investigation, and litigation. We'll handle every detail so you don't have to worry.
Respected by Our Peers
Judges, insurance adjusters, and fellow attorneys all speak highly of our skills, and we've earned numerous accolades, including a flawless rating from AVVO.
We Have Many Locations To Serve You
We have the experience and the skilled litigators to win your case. Contact us and speak with a real attorney who can help you.
Long Island – Nassau
Parker Waichman LLP
6 Harbor Park Drive
Port Washington, NY 11050
Long Island – Suffolk
Parker Waichman LLP
201 Old Country Road – Suite 145
Melville, NY 11747
New York
Parker Waichman LLP
59 Maiden Lane, 6th Floor
New York, NY 10038
Queens
Parker Waichman LLP
118-35 Queens Boulevard, Suite 400
Forest Hills, NY 11375
Brooklyn
Parker Waichman LLP
300 Cadman Plaza West
One Pierrepont Plaza, 12th Floor
Brooklyn, NY 11201
New Jersey
Parker Waichman LLP
80 Main Street, Suite 265
West Orange, NJ 07052
Florida
Parker Waichman LLP
27299 Riverview Center Boulevard
Suite 108
Bonita Springs, FL 34134
Nationwide Service
Parker Waichman LLP
59 Maiden Lane, 6th Floor
New York, NY 10038