Agency Information Collection Activities: Proposed Collection; Comment Request; Prescription Drug Advertisements
Federal Register, Volume 79 Issue 39 (Thursday, February 27, 2014)
Federal Register Volume 79, Number 39 (Thursday, February 27, 2014)
Notices
Pages 11112-11114
From the Federal Register Online via the Government Printing Office www.gpo.gov
FR Doc No: 2014-04262
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DEPARTMENT OF HEALTH AND HUMAN SERVICES
Food and Drug Administration
Docket No. FDA-2010-N-0110
Agency Information Collection Activities: Proposed Collection; Comment Request; Prescription Drug Advertisements
AGENCY: Food and Drug Administration, HHS.
ACTION: Notice.
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SUMMARY: The Food and Drug Administration (FDA) is announcing an opportunity for public comment on the proposed collection of certain information by the Agency. Under the Paperwork Reduction Act of 1995 (the PRA), Federal Agencies are required to publish notice in the Federal Register concerning each proposed collection of information, including each proposed extension of an existing collection of information, and to allow 60 days for public comment in response to the notice. This notice solicits comments on the reporting requirements, including third party disclosure, contained in FDA's current regulations on prescription drug advertisements.
DATES: Submit either electronic or written comments on the collection of information by April 28, 2014.
ADDRESSES: Submit electronic comments on the collection of information to http://www.regulations.gov. Submit written comments on the collection of information to the Division of Dockets Management (HFA-
305), Food and Drug Administration, 5630 Fishers Lane., Rm. 1061, Rockville, MD 20852. All comments should be identified with the docket number found in brackets in the heading of this document.
FOR FURTHER INFORMATION CONTACT: FDA PRA Staff, Office of Operations, Food and Drug Administration, 1350 Piccard Dr., PI50-400B, Rockville, MD 20850, PRAStaff@fda.hhs.gov.
SUPPLEMENTARY INFORMATION: Under the PRA (44 U.S.C. 3501-3520), Federal Agencies must obtain approval from the Office of Management and Budget (OMB) for each collection of information they conduct or sponsor. ``Collection of information'' is defined in 44 U.S.C. 3502(3) and 5 CFR 1320.3(c) and includes Agency requests or requirements that members of the public submit reports, keep records, or provide information to a third party. Section 3506(c)(2)(A) of the PRA (44 U.S.C. 3506(c)(2)(A)) requires Federal Agencies to provide a 60-day notice in
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the Federal Register concerning each proposed collection of information, including each proposed extension of an existing collection of information, before submitting the collection to OMB for approval. To comply with this requirement, FDA is publishing notice of the proposed collection of information set forth in this document.
With respect to the following collection of information, FDA invites comments on these topics: (1) Whether the proposed collection of information is necessary for the proper performance of FDA's functions, including whether the information will have practical utility; (2) the accuracy of FDA's estimate of the burden of the proposed collection of information, including the validity of the methodology and assumptions used; (3) ways to enhance the quality, utility, and clarity of the information to be collected; and (4) ways to minimize the burden of the collection of information on respondents, including through the use of automated collection techniques, when appropriate, and other forms of information technology.
Prescription Drug Advertisements--(OMB Control Number 0910-0686)--
Extension
Section 502(n) of the Federal Food, Drug, and Cosmetic Act (the FD&C Act) (21 U.S.C. 352(n)) requires that manufacturers, packers, and distributors (sponsors) who advertise prescription human and animal drugs, including biological products for humans, disclose in advertisements certain information about the advertised product's uses and risks. For prescription drugs and biologics, section 502(n) of the FD&C Act requires advertisements to contain ``* * * a true statement * * *'' of certain information including ``* * * information in brief summary relating to side effects, contraindications, and effectiveness * * *'' as required by regulations issued by FDA. FDA's prescription drug advertising regulations at Sec. 202.1 (21 CFR 202.1) describe requirements and standards for print and broadcast advertisements. Section 202.1 applies to advertisements published in journals, magazines, other periodicals, and newspapers, and advertisements broadcast through media such as radio, television, and telephone communication systems. Print advertisements must include a brief summary of each of the risk concepts from the product's approved package labeling (Sec. 202.1(e)(1)). Advertisements that are broadcast through media such as television, radio, or telephone communications systems must disclose the major risks from the product's package labeling in either the audio or audio and visual parts of the presentation (Sec. 202.1(e)(1)); this disclosure is known as the ``major statement.'' If a broadcast advertisement omits the major statement, or if the major statement minimizes the risks associated with the use of the drug, the advertisement could render the drug misbranded in violation of section 502(n) of the FD&C Act, section 201(n) of the FD&C Act (21 U.S.C. 321(n)), and FDA's implementing regulations at Sec. 202.1(e).
Advertisements subject to the requirements at Sec. 202.1 are subject to the PRA because these advertisements disclose information to the public. In addition, Sec. 202.1(e)(6) and (j) include provisions that are subject to OMB approval under the PRA.
Reporting to FDA
Section 202.1(e)(6) permits a person who would be adversely affected by the enforcement of a provision of Sec. 202.1(e)(6) to request a waiver from FDA for that provision. The waiver request must set forth clearly and concisely the petitioner's interest in the advertisement, the specific provision of Sec. 202.1(e)(6) from which a waiver is sought, a complete copy of the advertisement, and a showing that the advertisement is not false, lacking in fair balance or otherwise misleading, or otherwise violative of section 502(n) of the FD&C Act.
Section 202.1(j), which sets forth requirements for the dissemination of advertisements subject to the standards in Sec. 202.1(e), contains the following information collection that is subject to the PRA:
Under Sec. 202.1(j)(1), a sponsor must submit advertisements to FDA for prior approval before dissemination if: (1) The sponsor or FDA has received information that has not been widely publicized in medical literature that the use of the drug may cause fatalities or serious damage; (2) FDA has notified the sponsor that the information must be part of the advertisements for the drug; and (3) the sponsor has failed to present to FDA a program for assuring that such information will be publicized promptly and adequately to the medical profession in subsequent advertisements, or if such a program has been presented to FDA but is not being followed by the sponsor. Under Sec. 202.1(j)(1)(iii), a sponsor must provide to FDA a program for assuring that significant new adverse information about the drug that becomes known (i.e., use of drug may cause fatalities or serious damage) will be publicized promptly and adequately to the medical profession in any subsequent advertisements. Under Sec. 202.1(j)(4), a sponsor may voluntarily submit advertisements to FDA for comment prior to publication.
Disclosures to the Public
Under Sec. 202.1, advertisements for human and animal prescription drug and biological products must comply with the standards described in that section.
Under Sec. 202.1(j)(1), if information that the use of a prescription drug may cause fatalities or serious damage has not been widely publicized in the medical literature, a sponsor must include such information in the advertisements for that drug.
FDA estimates the burden of this collection of information as follows:
Table 1--Estimated Annual Reporting Burden \1\
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Number of Average
21 CFR section Number of responses per Total annual burden per Total hours
respondents respondent responses response
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202.1(e)(6)--Waiver request to 1 1 1 12 12
FDA............................
202.1(j)(1)--Submission of 1 1 1 2 2
advertisement to FDA for prior
approval.......................
202.1(j)(1)(iii)--Providing a 1 1 1 12 12
program to FDA for assuring
that adverse information about
the drug will be publicized....
202.1(j)(4)--Voluntarily 113 6 678 20 13,560
submitting the advertisement to
FDA prior to publication for
comment........................
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Total....................... 13,586
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\1\ There are no capital costs or operating and maintenance costs associated with this collection of
information.
Table 2--Estimated Annual Third-Party Disclosure Burden \1\
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Number of
21 CFR section Number of disclosures Total annual Average burden Total hours
respondents per respondent disclosures per disclosure
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202.1--Advertisements prepared 541 46.5 25,157 400 10,062,800
in accordance with Sec. 202.1
202.1(j)(1)--Including 1 1 1 40 40
information about the drug's
fatalities or serious damage in
the advertisement..............
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Total....................... 10,062,840
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\1\ There are no capital costs or operating and maintenance costs associated with this collection of
information.
Dated: February 24, 2014.
Leslie Kux,
Assistant Commissioner for Policy.
FR Doc. 2014-04262 Filed 2-26-14; 8:45 am
BILLING CODE 4160-01-P
