AHF Wins Major Ruling against FDA on Gilead Prevention Pill

  AHFWins Major Ruling against FDA on Gilead Prevention Pill

Ruling by the U.S. District Court, Central District of California requires the
 Food and Drug Administration to disclose “…complete and unredacted copies of
 documents withheld…” related to the safety and efficacy Gilead’s AIDS drug,
Truvada, for use as an HIV prevention pill for pre-exposure prophylaxis (PrEP)

   The description of the documents in the court ruling implies collusion,
suggesting the FDA worked with Gilead on what to say to get their unfavorable
 drug trial results spun in such a way that the FDA deemed them sufficient to
                               approve the drug

Business Wire

WASHINGTON -- August 7, 2013

AIDS Healthcare Foundation  (AHF) won a key legal victory today in a push for
drug safety as well as increased government transparency when a federal court
ruled that the Food and Drug Administration (FDA) illegally blocked Freedom of
Information Act (FOIA) requests tendered by AHF regarding correspondence
between the FDA and Gilead Sciences. The description of the documents in the
court ruling also implies collusion, suggesting the FDA worked with Gilead on
what to say to get their unfavorable drug trial results spun in such a way
that the FDA deemed them sufficient to approve the drug for expanded use of
Truvada as an HIV prevention pill for pre-exposure prophylaxis (PrEP) in
uninfected individuals.

Ruling for the United States District Court, Central District of California
(CV 11-07925 MMM [JEMx]), Judge Margaret M. Morrow ordered the FDA to disclose
“…complete and unredacted copies of documents…” and correspondence between the
FDA and Gilead regarding the safety and efficacy of PrEP as well as the drug
company’s application to the FDA for approval of the use of Truvada as PrEP.

“This ruling confirms one of our deepest suspicions: the FDA colluded with
Gilead to fast-track approval of Truvada as PrEP regardless of the results of
clinical trials. Judge Morrow’s ruling suggests the FDA advised Gilead how to
conceal unfavorable clinical trial results and coached them on what to say to
get those unfavorable results spun in such a way that the FDA deemed them
sufficient to approve the drug,” said Michael Weinstein, AIDS Healthcare
Foundation President. “All the while, the FDA was illegally denying our FOIA
requests on this issue. Today’s ruling is a huge victory for increased
government transparency, and one which will hamper the government’s ability to
withhold information about a drug’s safety and efficacy.”

In September 2011, AHF filed a lawsuit against the FDA over its denial of
several AHF Freedom of Information Act requests regarding correspondence
between the FDA and Gilead Sciences regarding its potential application to
expand the use of Truvada for use as a form of pre-exposure prophylaxis.
Despite concerns and complaints from AHF and other advocates and the pending
FOIA lawsuit, the FDA approved Gilead’s application for use of Truvada as PrEP
on July 16, 2012.

“While the FDA is supposed to act as a neutral entity, the court ruling today
confirms the FDA had private discussions with Gilead, and even fought on
Gilead's behalf to withhold documents submitted to them by Gilead,” said Tom
Myers, General Counsel and Chief of Public Affairs for AIDS Healthcare
Foundation (AHF). “The lack of neutrality shown by the FDA here is
breathtaking—further underscored in recent years by the fact that the FDA's
budget for drug approval is now directly paid for by pharmaceutical companies
such as Gilead.”

Judge Morrow’s ruling suggests that the FDA worked together with Gilead to
conceal unfavorable clinical trial results and used the very narrow FOIA
privileges to conceal negative information. Citing a declaration of David J.
Pizzuti, Gilead’s Vice President of Regulatory Affairs, the Court noted:

“Pizzuti also reports that Gilead and the FDA discussed what datasets Gilead
would submit in support of the Truvada for PrEP applications.^54 In addition,
he states, Gilead had discussions with the FDA regarding other studies
conducted with Truvada that contained unfavorable results.^55 Gilead and the
FDA discussed how the safety and efficacy data proffered with Gilead’s
supplemental NDA was nonetheless sufficient to support approval.^56 Pizzuti
reports that these discussions were memorialized in correspondence withheld by
the FDA under Exemption 4,^57 and that disclosing the discussions would reveal
how challenging PrEP study results can be successfully addressed, enabling
competitors to craft successful PrEP applications that will cause Gilead
competitive harm in the PrEP market.^58” [Page #19, lines 1-9 of ruling]

For more information, please visit www.aidshealth.org.

About AHF

AIDS Healthcare Foundation (AHF) is the largest non-profit HIV/AIDS healthcare
provider in the USA. AHF currently provides medical care and/or services to
more than 230,000 individuals in 28 countries worldwide in the US, Africa,
Latin America/Caribbean, Eastern Europe, and Asia. Additional information is
available at www.aidshealth.org, find us on Facebook:
www.facebook.com/aidshealth and follow us on Twitter & Instagram:
@AIDSHealthcare.

Contact:

AIDS Healthcare Foundation
WASHINGTON, DC
Tom Myers
General Counsel
323-860-5259 (office/cell)
Tom.myers@aidshealth.org
or
LOS ANGELES
Samantha Azulay
Assistant General Counsel
+1-323-860-5223 [work]
samantha.azulay@aidshealth.org
or
Ged Kenslea
Senior Director, Communications
+1-323-308-1833 [work]
+1-323-791-5526 [cell]
gedk@aidshealth.org
 
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