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254     10 The Use of SMB for the Manufacture of Enantiopure Drug Substances: From …


               the inhibition of terfenadine metabolism by drugs such as ketoconazole [13, 14]. The
               result was later associated with significant toxicity [15].
                 In November 1997, the Department of Health and Human Services along with the
               International Conference on Harmonisation (ICH) released a draft guidance for the
               selection of test procedures, which included chiral drugs. For the development of an
               enantiopure drug substance, acceptable criteria shall include, if possible, an enan-
               tioselective assay. This assay should be part of the specification for the identification
               of an enantiopure drug substance and related enantioenriched impurities [16].
                 These and other FDA policy decisions launched the pharmaceutical industry and
               academia into a new era of developing stereoselective processes for the manufacture
               of enantiopure active pharmaceutical ingredients (APIs).


               10.1.1.1 Market Exclusivity: Newly Approved Drug Substances

               The FDA had originally argued that the individual enantiomers for a previously
               approved racemic drug should not be considered as a new chemical entity. In Jan-
               uary 1997, following the proposal to remove Seldane, the FDA asked for public
               comment on their proposal to grant 5-year marketing exclusivity to developers of
               single-enantiomers of previously approved racemic drugs [17].  This would be a
               change from FDA’s policy of treating chiral switches as a mere reformulation of
               existing approved drugs, and therefore, entitled to only 3-year marketing exclusivity.
                 New drug applications (NDA) as defined in the Code of Federal Regulations
               (CFR), was revised as of April 1, l998, by the FDA for approval to market a new drug
               or an antibiotic drug [18]. The FDA’s final ruling defines new drug product exclu-
               sivity for a drug product containing a new chemical entity that was approved after
               September 24, 1984. The same active moiety cannot be resubmitted as a new chem-
               ical entity for a period of 5 years from the date of approval of the first NDA [19].
                 These policy decisions by the FDA were the driving force for chiral switches and
               the commercial development of chromatographic processes such as simulated mov-
               ing bed (SMB) technology. Due to technological advances such as SMB and the
               commercial availability of CSPs in bulk quantities for process-scale purification of
               enantiopure drugs, the production of many single enantiomers now exists on a com-
               mercial scale.



               10.1.1.2 Fixed-Combination Dosage: Enantiopure Drug Substances

               The FDA’s perspective with respect to the manufacturing of enantiopure drugs has
               raised several issues. One issue is the acceptable control of a stereoselective synthe-
               sis or purification of enantiopure drugs where discrepancy in pharmacological and
               toxicological assessment during clinical evaluation is due to enantioenrichment of
               one enantiomer in the presence of another. Other issues are when the properties of
               enantiopure drugs have revealed instances in which both enantiomers exhibited sim-
               ilar pharmacological activities, while others represented a combined pharmacologi-
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