You cannot say that FDA is holding CX 717 to a higher therapeutic index standard since you don't know the PK profiles at these "ultra-high" doses. It could be that the AUC's at these g/kg doses are not much higher than say at 20 mg/kg doses. Quite often in these type of tox studies, there is dose limited absoprtion and the bioavaibility decreases significantly as the dose increases, resulting in only a fractional increase in exposure with a several-fold increase in dose. Therefore, the therapeutic index based on AUC exposure is quite small. Another possibility, is that at these ultra high doses, toxicity can be caused by an impurity in the API that is present at say < 0.x% level. Under this scenario, the API itself is fine, but obviously a separate dosing of the toxic impurity would need to be done to confirm the tox finding.
Based on what I read in this forum about the cc, I would recommend pursuing AZ ASAP and close the BP deal, even if at less money. ADHD will require a squeaky clean drug, and obviously, CX 717 is not it.