[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4241 Introduced in House (IH)]
113th CONGRESS
2d Session
H. R. 4241
To withdraw approval for the drug Zohydro ER and prohibit the Food and
Drug Administration from approving such drug unless it is reformulated
to prevent abuse.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
March 13, 2014
Mr. Lynch (for himself, Mr. Rogers of Kentucky, Mr. Grimm, Ms. DeLauro,
Mr. Keating, Mr. Wolf, Mr. Fitzpatrick, Mr. Michaud, Ms. Shea-Porter,
Mr. Kennedy, Mr. Tonko, Mr. Higgins, and Ms. Clark of Massachusetts)
introduced the following bill; which was referred to the Committee on
Energy and Commerce
_______________________________________________________________________
A BILL
To withdraw approval for the drug Zohydro ER and prohibit the Food and
Drug Administration from approving such drug unless it is reformulated
to prevent abuse.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Act to Ban Zohydro''.
SEC. 2. FINDINGS.
Congress finds as follows:
(1) The drug Zohydro ER is a high-dose hydrocone-only
opioid narcotic painkiller listed in schedule II of section
202(c) of the Controlled Substances Act (21 U.S.C. 812(c)).
(2) The Food and Drug Administration Analgesic Drug
Products Advisory Committee report cited available dosages of
Zohydro ER that, according to health care and substance abuse
professionals, have up to 10 times more hydrocodone than any
hydrocodone painkiller currently on the market.
(3) Zohydro ER is manufactured without an abuse deterrent
formulation.
(4) Zohydro's time-released effect, an important element of
its pharmaceutical use, is easily negated by abusers to achieve
a heroin-like effect.
(5) The Analgesic Drug Products Advisory Committee
concluded that, if approved and marketed, Zohydro ER will be
abused, possibly at a rate greater than that of currently
available hydrocodone combination products.
(6) The Anesthetic and Analgesic Drug Products Advisory
Committee voted 11 to 2 against approval of Zohydro ER, citing
the high possibility for addiction.
(7) The Food and Drug Administration approved Zohydro ER
without an abuse deterrent formulation despite the fact that
the Anesthetic and Analgesic Drug Products Advisory Committee
voted 11 to 2 against doing so.
(8) The Food and Drug Administration has acknowledged that
the widespread abuse of opioid drugs across the country has
reached epidemic proportions in some parts of the country.
(9) According to the Centers for Disease Control and
Prevention, deaths connected to prescription opioids have more
than quadrupled in the United States, from 4,030 deaths
involving the painkillers in 1999 to 16,651 deaths in 2010.
(10) The Centers for Disease Control and Prevention has
identified reducing deaths attributable to prescription
painkiller abuse and overdose as a top health priority for
2014.
(11) Attorneys General from 28 States have asked the Food
and Drug Administration to reconsider its approval of Zohydro
ER.
(12) Health care professionals, addiction treatment
providers, and community-based drug and alcohol prevention
programs are groups opposed to the approval of Zohydro ER.
(13) The burdens of Zohydro ER to the public health
outweigh its potential therapeutic benefits. Given that
alternative pain medicines and methods are widely available,
approval of Zohydro ER should be withdrawn until such time that
there is available a Food and Drug Administration-approved
abuse deterrent formulation.
SEC. 3. WITHDRAWAL OF APPROVAL OF DRUG ZOHYDRO ER.
(a) Withdrawal of Approval.--Effective beginning on the day that is
45 days after the date of enactment of this Act, approval of the
application with respect to pure hydrocodone bitartrate extended-
release capsules (marketed as the drug Zohydro ER) under section 505(c)
of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355(c)) is
deemed to have been withdrawn under section 505(e) of such Act (21
U.S.C. 355(e)).
(b) No Approval of Any Formulation That Is Not Abuse Deterrent.--
The Commissioner of Food and Drugs shall not approve any application
under section 505 of the Federal Food, Drug, and Cosmetic Act (21
U.S.C. 355) for pure hydrocodone bitartrate extended-release capsules
unless such drug is formulated to prevent abuse.
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