Emflaza's 505(b)(2) Pathway Review: Rare, But With Precedent

US FDA has relied on 505(b)(2) pathway to approve a small group of 'orphaned orphan' drugs – products without patent protection being used on an informal 'gray market' of personal importation and compassionate use protocols.

The pricing controversy surrounding Marathon Pharmaceuticals LLC's aborted launch of Emflaza (deflazacort) for Duchenne muscular dystrophy has also drawn critical attention to what Sen. Bernie Sanders and Rep. Elijah Cummings call the "unusual circumstances" of the drug's approval by FDA.

But analysis of FDA drug review documents shows that Emflaza's path to approval was not unprecedented. The corticosteroid for Duchenne...

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