The Pharmaceutical Research and Manufacturers of America (PhRMA) and the Biotechnology Industry Organization (BIO) filed a Citizen Petition (“Petition”) with the Food and Drug Administration (FDA) on December 22, 2015.[1] The Petition focuses on the labeling requirements for biosimilar biological products licensed under section 351(k) of the Public Health Service Act (PHS Act), as amended by the Biologics Price Competition and Innovation Act (BPCIA). PhRMA and BIO request labeling requirements that they say “will facilitate informed prescribing, protect against inadvertent substitution, and promote consistency with domestic and international precedents.” Id. at 2. In support of their position, the Petition emphasizes that the requested requirements will provide regulatory transparency to facilitate informed choices by healthcare professionals and patients. The Petition requests that biosimilar product labeling should include the following information and requests that the FDA issue prompt guidance on the issue to this effect. 1. A statement that the product has been approved as a biosimilar for the stated indications and routes of administration and also identifies the reference product. This requirement would ensure that physicians and patients are aware that the product is a biosimilar and its approved uses. In addition to pointing to prior FDA statements regarding the importance of this information for doctors and prescriber survey results showing the perceived importance of this information, the Petition notes that FDA regulations require that “a medicine’s prescribing information must contain ‘a summary of the essential scientific information needed for the safe and effective use of the drug.’” Petition at 3 (citing 21 C.F.R. § 201.56(a)(1)).

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