Scott M. Lassman Goodwin Procter LLP +1 202 346 4134 901 New York Avenue NW
[email protected] Washington, DC 20001 goodwinlaw.com +1 202 346 4000 April 5, 2019 VIA ELECTRONIC SUBMISSION Division of Dockets Management Department of Health and Human Services Food and Drug Administration 5630 Fishers Lane, Room 1061 Rockville, MD 20852 Re: Citizen Petition Requesting the Food and Drug Administration (“FDA”) to Revoke Orphan Drug Designation for Sublocade (Buprenorphine Extended- Release) Injection for Treatment of Opiate Addiction in Opiate Users Dear Sir or Madam: On behalf of Braeburn, Inc. (“Braeburn”), the undersigned hereby submits this Citizen Petition pursuant to 21 C.F.R. §§ 10.30 and 316.29 and section 526 of the Federal Food, Drug, and Cosmetic Act (“FFDCA”), 21 U.S.C. § 360bb, to request the Commissioner of Food and Drugs to revoke orphan drug designation (“ODD”) for Sublocade (buprenorphine extended- release) injection for treatment of opiate addiction in opiate users (currently referred to as opioid use disorder (“OUD”)). Such action is necessary to (1) preserve the integrity of the Orphan Drug Act against inappropriate, unintended and abusive “evergreening” tactics, and (2) prevent such tactics from stifling the development and marketing of innovative new buprenorphine treatments to combat the growing opioid epidemic. The foundation of this request is based on the following critical factors: • Sublocade is not now, nor was it ever, a bona fide orphan drug, particularly since more than two million Americans currently are afflicted by opioid addiction. • Sublocade, which is expected to be a “blockbuster” drug with peak sales of more than $1 billion per year, nevertheless received ODD from FDA.