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: A Georgia LawyerFDA Orders Two Companies to Stop Marketing Unapproved Nitroglycerin Tablets
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From the FDA warning letter:
As labeled, the above products are drugs within the meaning of section 201(g)(1)(B) and (C) of the Act [21 U.S.C. §§ 321(g)(1)(B) and (C)] because they are intended for use in the diagnosis, cure, mitigation, treatment, or prevention of disease and because they are intended to affect the structure or function of the body. Further, these drug products, as distributed by your firm, are "new drugs" within the meaning of section 201(p) of the Act [21 U.S.C. § 321(p)] because they are not generally recognized as safe and effective for their labeled uses.
Under sections 301(d) and 505(a) of the Act [21 U.S.C. §§ 331(d) and 355(a)], a new drug may not be introduced or delivered for introduction into interstate commerce unless an application approved by FDA under either section 505(b) or (j) of the Act [21 U.S.C. § 355(b) or (j)] is in effect for the product. Based upon our information, there are no FDA-approved applications on file for the above products. The marketing of these products without an approved application constitutes a violation of these provisions of the Act
Letters here:
http://www.fda.gov/ICECI/EnforcementActions/WarningLetters/ucm204540.htm
http://www.fda.gov/ICECI/EnforcementActions/WarningLetters/ucm204546.htm
Full post as published by A Georgia Lawyer on March 16, 2010 (boomark / email).
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