109320
. (a) The board shall issue an order withdrawing approval of
an application concerning any drug, medicine, compound, or device if,
after due notice to the applicant and opportunity for a hearing, the
board finds any of the following:
(1) That clinical or other experience, tests, or other scientific
data show that the drug, medicine, compound, or device is unsafe for
use under the conditions of use upon the basis that the application
was approved;
(2) That new evidence of clinical experience, not contained in the
application or not available to the board until after the
application was approved, or tests by new methods, or tests by
methods not deemed reasonably applicable when the application was
approved, evaluated together with the evidence available to the board
when the application was approved, shows that the drug, medicine,
compound, or device is not shown to be safe for use under conditions
of use upon the basis that the application was approved; or
(3) On the basis of new information with respect to the drug,
medicine, compound, or device, evaluated together with the evidence
available to the board when the application was approved, that there
is a lack of substantial evidence that the drug, medicine, compound,
or device will have the effect it purports or is represented to have
under the conditions of use prescribed, recommended, or suggested in
the labeling or advertising thereof; or
(4) That the application contains any untrue statement of a
material fact.
(b) If the board finds that there is an imminent hazard to the
public health, it may suspend the approval of the application
immediately.
(c) The board may also, after due notice and opportunity for
hearing, withdraw the approval of an application with respect to any
drug, medicine, compound, or device under this section if the board
finds any of the following:
(1) That the applicant has failed to establish a system for
maintaining required records, or has repeatedly or deliberately
failed to maintain the records or to make required reports, or the
applicant has refused to permit access to, or copying or verification
of, the records.
(2) That on the basis of new information before the board,
evaluated together with the evidence before it when the application
was approved, the methods used in, or the facilities and controls
used for, the manufacture, maintenance, processing, and packing of
the drug, medicine, compound, or device are inadequate to assure and
preserve its identity, strength, quality, and purity and with respect
to a device are inadequate to preserve its safety or effectiveness
and were not made adequate within a reasonable time after receipt of
written notice from the board specifying the matter complained of.
(3) That on the basis of new information before it, evaluated
together with the evidence before it when the application was
approved, the labeling of the drug, medicine, compound, or device,
based on a fair evaluation of all material facts, is false or
misleading in any particular and was not corrected within a
reasonable time after receipt of written notice from the board
specifying the matter complained of.
(d) Any order under this section shall state the findings upon
which it is based.