80_FR_10063 80 FR 10026 - Over-the-Counter Sunscreen Drug Products-Regulatory Status of Enzacamene

80 FR 10026 - Over-the-Counter Sunscreen Drug Products-Regulatory Status of Enzacamene

DEPARTMENT OF HEALTH AND HUMAN SERVICES
Food and Drug Administration

Federal Register Volume 80, Issue 37 (February 25, 2015)

Page Range10026-10035
FR Document2015-03884

The Food and Drug Administration (FDA or the Agency) is issuing a proposed sunscreen order (proposed order) under the Federal Food, Drug, and Cosmetic Act (the FD&C Act), as amended by the Sunscreen Innovation Act (SIA). The proposed order announces FDA's tentative determination that enzacamene is not generally recognized as safe and effective (GRASE) and is misbranded when used in over-the- counter (OTC) sunscreen products because the currently available data are insufficient to classify it as GRASE and not misbranded, and additional information is needed to allow us to determine otherwise.

Federal Register, Volume 80 Issue 37 (Wednesday, February 25, 2015)
[Federal Register Volume 80, Number 37 (Wednesday, February 25, 2015)]
[Proposed Rules]
[Pages 10026-10035]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-03884]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

21 CFR Part 310

[Docket Nos. FDA-2003-N-0196 (Formerly 2003N-0233), FDA-1978-N-0018 
(Formerly 1978N-0038 and 78N-0038), and FDA-1996-N-0006 (Formerly 96N-
0277)]


Over-the-Counter Sunscreen Drug Products--Regulatory Status of 
Enzacamene

AGENCY: Food and Drug Administration, HHS.

ACTION: Proposed order; request for comments.

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SUMMARY: The Food and Drug Administration (FDA or the Agency) is 
issuing a proposed sunscreen order (proposed order) under the Federal 
Food, Drug, and Cosmetic Act (the FD&C Act), as amended by the 
Sunscreen Innovation Act (SIA). The proposed order announces FDA's 
tentative determination that enzacamene is not generally recognized as 
safe and effective (GRASE) and is misbranded when used in over-the-
counter (OTC) sunscreen products because the currently available data 
are insufficient to classify it as GRASE and not misbranded, and 
additional information is needed to allow us to determine otherwise.

DATES: Submit either electronic or written comments on this proposed 
order by April 13, 2015. Sponsors may submit written requests for a 
meeting with FDA to discuss this proposed order by March 27, 2015. See 
section VI for the proposed effective date of a final order based on 
this proposed order.

ADDRESSES: You may submit comments by any of the following methods:

Electronic Submissions

    Submit electronic comments in the following way:
     Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the instructions for submitting comments.

Written Submissions

    Submit written submissions in the following ways:
     Mail/Hand delivery/Courier (for paper submissions): 
Division of Dockets Management (HFA-305), Food and Drug Administration, 
5630 Fishers Lane, Rm. 1061, Rockville, MD 20852.

[[Page 10027]]

    Instructions: All submissions received must clearly identify the 
specific active ingredient (enzacamene) and the Docket Nos. FDA-2003-N-
0196, FDA-1978-N-0018, and FDA-1996-N-0006 for this rulemaking. All 
comments received may be posted without change to http://www.regulations.gov, including any personal information provided. For 
additional information on submitting comments, see the ``Comments'' 
heading of the SUPPLEMENTARY INFORMATION section of this document.
    Docket: For access to the docket to read background documents or 
comments received, go to http://www.regulations.gov and insert the 
docket numbers, found in brackets in the heading of this document, into 
the ``Search'' box and follow the prompts and/or go to the Division of 
Dockets Management, 5630 Fishers Lane, Rm. 1061, Rockville, MD 20852.
    Submit requests for a meeting with FDA to discuss this proposed 
order to Kristen Hardin (see FOR FURTHER INFORMATION CONTACT).

FOR FURTHER INFORMATION CONTACT: Kristen Hardin, Division of 
Nonprescription Drug Products, Center for Drug Evaluation and Research, 
Food and Drug Administration, 10903 New Hampshire Ave., Bldg. 22, Rm. 
5491, Silver Spring, MD 20993-0002, 240-402-4246.

SUPPLEMENTARY INFORMATION:

I. Regulatory Background

A. Regulatory and Statutory Framework

    The data and information addressed in this proposed order were 
originally submitted for review under FDA's Time and Extent Application 
(TEA) regulation, Sec.  330.14 (21 CFR 330.14), a process that has 
since been supplemented with new statutory procedures established in 
the SIA (Pub. L. 113-195), enacted November 26, 2014. The discussion 
that follows briefly describes and compares the pre- and post-SIA 
processes as they apply to the regulatory status of enzacamene.
    The TEA regulation established a process through which a sponsor 
could request that an active ingredient or other OTC condition,\1\ 
particularly one not previously marketed in the United States, be added 
to an OTC drug monograph to enable compliant OTC drug products 
containing the condition to be marketed in the United States without an 
approved new drug application (NDA) or abbreviated new drug application 
(ANDA). Because this proposed order specifically addresses an OTC 
sunscreen active ingredient (enzacamene), the remainder of this 
discussion will refer only to ``active ingredients.''
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    \1\ For purposes of OTC drug regulation, a ``condition'' is 
defined as an active ingredient or botanical drug substance (or a 
combination of active ingredients or botanical drug substances), 
dosage form, dosage strength, or route of administration marketed 
for a specific OTC use, with specific exclusions (see Sec.  
330.14(a)(2)). This document will refer simply to new ``active 
ingredients,'' since that is the condition under consideration.
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    Critical steps in a proceeding under the TEA regulation include the 
following: (1) FDA's determination that an active ingredient had been 
marketed for the proposed OTC use for a material time and to a material 
extent (eligibility determination), and public call for submission of 
safety and efficacy data, followed by; (2) review of safety and 
efficacy data submitted by the sponsor or other interested parties; and 
(3) FDA's initial determination that the data show the active 
ingredient to be either GRASE or not GRASE for OTC use under the 
applicable monograph conditions (including any new conditions rising 
from FDA's review) (GRASE determination). Under the TEA regulation, 
FDA's GRASE determinations are effectuated through notice and comment 
rulemaking to amend or establish the appropriate monograph.
    The TEA process in FDA regulations was supplemented by Congress's 
enactment of the SIA. Among other amendments it makes to the FD&C Act, 
the SIA creates new procedures specifically for reviewing the safety 
and effectiveness of nonprescription sunscreen active ingredients, 
including those, such as enzacamene, that were the subject of pending 
TEA proceedings at the time the SIA was enacted. Like the TEA 
regulation, the SIA calls for an initial eligibility determination 
phase for nonprescription sunscreen active ingredients, followed by 
submissions of safety and efficacy data and a GRASE determination 
phase. However, the SIA requires FDA to make proposed and final GRASE 
determinations for nonprescription sunscreen active ingredients in the 
form of administrative orders rather than the multistep public 
rulemaking required by the TEA regulation, and establishes strict 
timelines for the necessary administrative actions.
    Among other requirements, no later than 90 days after the SIA was 
enacted (i.e., no later than February 24, 2015), FDA must publish a 
proposed sunscreen order in the Federal Register for any 
nonprescription sunscreen active ingredient, including enzacamene, for 
which, on the date of enactment, an eligibility determination had been 
issued under the TEA regulation and submissions of safety and efficacy 
data received, and for which a TEA feedback letter had not yet been 
issued (section 586C(b)(4) of the FD&C Act (21 U.S.C. 360fff-3(b)(4)), 
as amended by the SIA). Other provisions of the SIA that are not 
discussed in this proposed order address procedures applicable to other 
pending and future sunscreen active ingredient GRASE determinations, 
pending and future GRASE determinations for OTC products other than 
sunscreens, issuance of specified guidances and reports, and completion 
of pending sunscreen rulemakings, among others.
    A proposed sunscreen order under the SIA is an order containing 
FDA's tentative determination proposing that a nonprescription 
sunscreen active ingredient or combination of ingredients: (1) Is GRASE 
and is not misbranded when marketed in accordance with the proposed 
order; (2) is not GRASE and is misbranded; or (3) is not GRASE and is 
misbranded because the data are insufficient to classify the active 
ingredient or combination of ingredients as GRASE and not misbranded, 
and additional information is necessary to allow FDA to determine 
otherwise (section 586(7) of the FD&C Act, as amended by the SIA). 
Publication of a proposed sunscreen order triggers several timelines 
under the SIA, including a 45-day public comment period, and a 30-day 
period in which a sponsor may request a meeting with FDA to discuss the 
proposed order.

B. FDA's Review of Enzacamene

    Buchanan Ingersoll submitted a TEA in 2002 on behalf of Merck KGaA 
under Sec.  330.14(c) seeking OTC monograph status for the sunscreen 
active ingredient enzacamene (also known as 4-Methylbenzylidene Camphor 
(4-MBC) or Eusolex 6300) at concentrations up to 4 percent for use in 
OTC sunscreen products (enzacamene TEA) (Note 1). FDA issued a TEA 
notice of eligibility for enzacamene on July 11, 2003 (68 FR 41386), 
stating that enzacamene at concentrations of up to 4 percent is 
eligible to be considered for inclusion in the OTC sunscreen monograph 
(21 CFR part 352, currently stayed) and calling for submission of 
safety and effectiveness data for enzacamene. In response, a submission 
of data dated October 9, 2003, was made to the docket on behalf of 
Merck KGaA (enzacamene data submission) (Note 2), which referred to 
materials previously submitted to other dockets.\2\ At the time

[[Page 10028]]

the SIA was enacted, FDA had not issued a TEA feedback letter or 
otherwise responded to that submission.
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    \2\ These include FDA-1978-N-0018-0744-0756 (Sup 24, 25, 26, 27 
and 28), Request to Reopen Rulemaking Record Respect Sunscreen Drug 
Products for OTC, submitted on April 12, 1999 (1999 enzacamene 
submission); FDA-1978-N-0018-0766, Citizen Petition (CP1), submitted 
on December 17, 1980; and Tracking number: 805596eb Legacy Doc. ID, 
SUP 5, ``Supplement from Rona Pearle'' SUP5, submitted on August 15, 
1985.
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    In accordance with new section 586C(b)(4) of the FD&C Act as 
amended by the SIA, we are issuing this notice as a proposed order for 
enzacamene. Based on our review of the available safety and efficacy 
data, we have made a tentative determination that enzacamene is not 
GRASE and is misbranded because the data are insufficient to classify 
it as GRASE and not misbranded for use in OTC sunscreens, and 
additional information is necessary to allow us to determine otherwise. 
The remainder of this proposed sunscreen order describes our review of 
the available safety and efficacy data, identifies additional data 
needed to demonstrate that enzacamene is GRASE for the requested use, 
and explains our rationale for specific conclusions and data 
requirements.
    This proposed order will be open for public comment (see DATES). 
The sponsor may request a meeting with FDA to discuss this proposed 
order (see DATES). We also invite the sponsor to submit additional 
safety and/or efficacy data to inform our further consideration, as 
publication of a final sunscreen order under the SIA for enzacamene 
will be contingent on receipt of such information. (See section 
586C(b)(9)(ii) of the FD&C Act.) We specifically encourage the sponsor 
to discuss any proposed study protocols with us before performing the 
studies.

II. Safety Data Considerations for OTC Sunscreen Products Containing 
Enzacamene

    In evaluating the safety of a proposed monograph active ingredient, 
FDA applies the following regulatory standard: Safety means a low 
incidence of adverse reactions or significant side effects under 
adequate directions for use and warnings against unsafe use as well as 
low potential for harm which may result from abuse under conditions of 
widespread availability. Proof of safety shall consist of adequate 
tests by methods reasonably applicable to show the drug is safe under 
the prescribed, recommended, or suggested conditions of use. This proof 
shall include results of significant human experience during marketing. 
General recognition of safety shall ordinarily be based upon published 
studies which may be corroborated by unpublished studies and other data 
(Sec.  330.10(a)(4)(i) (21 CFR 330.10(a)(4)(i))).
    FDA's OTC drug regulations generally identify the types of 
information that may be submitted as evidence that an active ingredient 
or other OTC drug condition is safe, as part of the consideration of 
whether an active ingredient or other condition is GRASE (Sec.  
330.10(a)(2)). For convenience, this order uses the term ``generally 
recognized as safe (GRAS)'' to refer to that aspect of the GRASE 
determination. To apply the general OTC safety standard to each 
potential new condition, FDA uses its scientific expertise to determine 
what constitutes ``adequate tests by methods reasonably applicable to 
show the drug is safe under the prescribed, recommended, or suggested 
conditions of use.'' In assessing what specific testing or other data 
are needed to adequately demonstrate the safety of enzacamene for use 
in sunscreen, FDA considers the circumstances under which OTC sunscreen 
products that could contain enzacamene would be used by consumers.
    When used as directed with other sun protection measures, broad 
spectrum OTC sunscreen products with a sun protection factor (SPF) 
value of 15 or higher strongly benefit the public health by decreasing 
the risk of skin cancer and premature skin aging associated with solar 
ultraviolet (UV) radiation, as well as by helping to prevent sunburn. 
(Sunscreens with lower SPF values, or without broad spectrum 
protection, also help prevent sunburn.) When used as directed by the 
required labeling, all OTC sunscreen products are applied liberally to 
the skin and reapplied frequently throughout the day (Sec.  201.327(e) 
(21 CFR 201.327(e))). Because the effects of UV exposure are 
cumulative, to obtain the maximum benefit, users of broad spectrum 
sunscreens with an SPF value of 15 or higher are directed to use such 
products regularly--on a routine basis (id.). Given these conditions of 
use, our safety evaluation of an OTC sunscreen active ingredient such 
as enzacamene must consider both short-term safety concerns (such as 
skin sensitization/irritation and photosafety) and potential concerns 
related to long-term sunscreen use, including potential systemic 
exposure via dermal absorption.
    The purpose of the safety testing described in this section II is 
to establish whether an OTC sunscreen product containing enzacamene and 
otherwise marketed under the conditions described in a final sunscreen 
order and in accordance with all requirements applicable to 
nonprescription drugs would be GRAS for use as labeled. To demonstrate 
that these requirements are met for enzacamene, initial safety testing 
should be performed using enzacamene as the sole active ingredient up 
to the highest concentration for which marketing status is sought and 
eligibility has been established: 4 percent. If initial testing 
suggests a particular safety concern associated with enzacamene (e.g., 
a hormonal activity), FDA may request additional studies to address 
that concern.

A. Human Safety Data

1. Human Irritation, Sensitization, and Photosafety Studies
    Studies of skin irritation, sensitization, and photosafety are 
standard elements in the safety evaluation of topical drug products 
that, like enzacamene-containing sunscreens, are applied to the skin 
repeatedly over long periods of time. FDA recommends separate studies 
for skin irritation and sensitization. Skin irritation studies should 
generally include at least 30 evaluable subjects and should evaluate 
the test formulation (i.e., enzacamene in an appropriate test vehicle), 
the vehicle alone, and both negative and positive controls. Skin 
sensitization studies generally should include at least 200 subjects 
and should evaluate the test formulation containing enzacamene, the 
vehicle, and a negative control. For both irritation and sensitization 
studies, test site applications should be randomized and the test 
observer blinded to the identities of the test formulations.
    FDA recommends that photosafety evaluation generally involve 
studies of skin photoirritation (phototoxicity) and skin 
photosensitization (photoallergenicity). General principles for 
designing and conducting photosafety studies are described in FDA 
guidance (Ref. 1). Photosafety studies, like sensitization and 
irritation studies, should be conducted using enzacamene 4 percent in 
an appropriate test vehicle, the vehicle alone, and a negative control. 
In addition, phototoxicity studies should include at least 30 evaluable 
subjects and photoallerginicity studies should include at least 45 
evaluable subjects.
Data Available for Enzacamene: Human Irritation, Sensitization, and 
Photosafety Studies
    We reviewed the submitted study reports for human safety studies, 
including a skin irritation and sensitization study of enzacamene 5 
percent in 30 subjects (Note 3); skin

[[Page 10029]]

irritation and sensitization study of enzacamene 5 percent in 10 
subjects (Note 4); a photoirritation study of 4 percent enzacamene in 5 
subjects (Note 5); and two photosensitization studies, one using 4 
percent enzacamene in 5 subjects and the other using an unknown 
concentration in 25 subjects (Notes 6 and 7). Although these studies 
suggest that enzacamene may not be a primary irritant, sensitizer, 
photosensitizer, or photoirritant, each of the submitted studies has 
limitations, such as inadequate sample size, lack of blinding, and lack 
of positive and negative controls, that prevent us from making 
definitive conclusions. In addition, protocol information, such as the 
inclusion and exclusion criteria used in subject selection, was not 
consistently provided.
    FDA concludes that the data submitted are not sufficient to assess 
the dermal safety of enzacamene and specifically its potential to cause 
irritation, sensitization, photoirritation, or photoallergenicity. We 
recommend submission of additional data from human irritation, 
sensitization, and photosafety studies to demonstrate that an OTC 
sunscreen containing up to 4 percent enzacamene is not an irritant, 
sensitizer, photosensitizer, or photoirritant.
2. Human Dermal Pharmacokinetic (Bioavailability) Studies
    Because sunscreens are topically applied, another important safety 
consideration for enzacamene for use in sunscreens is whether dermal 
application may result in skin penetration and systemic exposure to 
enzacamene, and if so, to what extent. A well-designed and -conducted 
human dermal pharmacokinetic study can be expected to detect and 
quantify the presence of enzacamene and/or any metabolites in blood or 
other bodily fluids that may have a bearing on safety, using recognized 
parameters such as bioavailability percentage, maximum plasma 
concentration (Cmax), time to maximum plasma concentration (Tmax), 
total area under the plasma concentration versus time curve (AUC), 
half-life, clearance, and volume of distribution. This information can 
help identify potential safety concerns and help determine whether an 
adequate safety margin for sunscreens containing enzacamene exists. FDA 
recommends that the pharmacokinetic studies performed on enzacamene 
also collect additional safety-related data from regularly scheduled 
physical examinations, collection of vital signs, and other measures, 
which may help capture adverse skin events or other potential safety 
signals. To ensure that maximum penetration of enzacamene has taken 
place and chances of it being detected are optimal, studies should 
continue until steady state is reached.
    General information and recommendations on the design and conduct 
of human pharmacokinetic studies can be found in FDA guidance (Ref. 2). 
To support a GRAS determination for enzacamene (up to 4 percent), such 
a study should be conducted under maximal use conditions using 
enzacamene 4 percent in various vehicles, including vehicles that would 
be expected to enhance absorption. We encourage study sponsors to 
consult with us before conducting pharmacokinetic studies, because the 
properties of enzacamene bear on the optimal design.
Data Available for Enzacamene: Human Dermal Pharmacokinetic 
(Bioavailability) and Clinical Pharmacology Studies
    We reviewed three submitted reports of dermal absorption studies in 
humans in which percutaneous absorption was estimated using 
radiolabeled (\14\C) formulations of enzacamene. In one study (Note 8) 
a \14\C-labeled 5 percent formulation of enzacamene was applied to the 
lower arms of six volunteers for 6 hours, followed by a 3-day 
collection of urine and feces. Investigators reported that 
approximately 54.6 percent of the \14\C-activity applied to the skin 
was recovered. An average of 0.76 percent enzacamene was recovered in 
urine and 0.14 percent in the feces. In a second study (Note 9), 
investigators reported a total recovery of 98.2 percent and 90.7 
percent overall recovery of the \14\C-activity applied to the skin from 
two volunteers, respectively. The third study report (Note 10) was 
similar to the previous two studies in terms of the general design. 
Following the analysis of the data from the planned six volunteers, two 
more volunteers were enrolled to evaluate the low observed recovery (54 
to 69 percent) of the radiolabeled enzacamene. A different recovery 
schema was applied to these last two patients with satisfactory results 
in line with the previous studies. As to the utility of the aggregate 
data, we cannot draw definitive conclusions regarding the dermal 
absorption of enzacamene based on these studies. The overall number of 
subjects was low, the studies were single-dose studies, a limited 
surface area was exposed to the formulation, the recovery of 
radioactivity was variable, and finally no blood or other body fluids 
were sampled to provide direct information about systemic exposure. We 
also note that these studies were conducted in the 1980s and the limit 
of analytical detection for enzacamene was much higher than it is 
today.
    A review of the published literature identified more recent studies 
related to the extent of absorption of enzacamene in humans after 
dermal application. A 2004 article from Janjua et al. (Ref. 3) reports 
on the absorption from a formulation containing 10 percent enzacamene 
and 2 other active sunscreen ingredients after whole body application 
for 4 days in 15 healthy males and 17 postmenopausal females. The 
article provides only summary bioavailability information but claims 
that the maximum plasma concentrations were 20 milligrams (mg)/
milliliter (mL) in both men and women and that increasing plasma levels 
of enzacamene and metabolites were seen, suggesting the presence of 
accumulation. It is noted that thyroid function was also assessed 
during this study, but results are confounded by the simultaneous 
application of three active sunscreen ingredients. A 2006 article from 
Shauer et al. (Ref. 4) includes in vivo pharmacokinetic data from six 
healthy volunteers exposed to 4 percent enzacamene applied over 90 
percent body surface area for a 12-hour period. The data are limited by 
the small number of subjects included; however, there was gender-
related difference observed in those males who had blood levels that 
were approximately twice that of females. A 2008 article by Janjua et 
al. contains a more complete analysis of in vivo absorption for 
enzacamene in a 10 percent enzacamene formulation (Ref. 5). The levels 
of absorption were generally low but accumulation was observed. 
However, the age of the females enrolled in the study was 2 to 3 times 
that of the males, confounding the interpretation of age or gender 
effects.
    Overall, the data available are incomplete for the assessment of 
human bioavailability (dermal absorption) of enzacamene. Accordingly, 
we request data from human pharmacokinetic studies to assess potential 
for and extent of systemic absorption. These studies should be 
performed under expected maximal-use conditions with the proposed 
maximum concentration as discussed previously.
    In addition to the bioavailability data described previously, three 
reports of clinical pharmacology studies were submitted that evaluate 
the potential effect of enzacamene on thyroid function. The first was a 
pilot study in which a 5 percent enzacamene formulation was applied 
twice, at 3-hour intervals, to the abdomen and back

[[Page 10030]]

of four adult subjects (two males and two females) (Note 11). 
Subsequent increases in the thyroid analytes thyroid-stimulating 
hormone (TSH), T3, and T4 were observed in some subjects. Blood and 
urine levels of enzacamene were reported to have been measured but no 
data were reported. We consider the number of subjects in this study 
too small to draw conclusions about the safety of enzacamene. In 
addition, there were missing data and the report lacked information 
about whether subjects' thyroid analyte levels exceeded normal levels.
    A second study evaluated the effect on thyroid function of topical 
application of 5 percent enzacamene (6 grams (g) applied twice, at 3-
hour intervals) in nine healthy volunteers (Note 12). This was a 
double-blind, placebo-controlled, crossover design study, and 
investigators reported that there was a statistically significant 
lowering of mean T3 and T4 values in the active treatment group at 24 
hours after application. Although larger than the pilot study, this is 
a small single-dose study and the changes reported were small relative 
to placebo and were of questionable clinical significance. 
Interpretation of the results is also hampered by the fact that some 
analytes (TSH and free T4) were below normal levels at baseline.
    A third study was a parallel-group, placebo-controlled design in 
which 48 subjects received treatment with either enzacamene (5 g of a 6 
percent enzacamene formulation per dose) or placebo twice daily for 14 
days (Note 13). According to the investigators, the results of the 
study did not reveal any significant differences in thyroid function 
tests between enzacamene and placebo, although there was a small 
between-group difference in thyroid volume gland decrease (a 1.7 
percent reduction in the enzacamene arm and an increase of 3.1 percent 
in the placebo group). The quality of the study report submitted is 
inadequate to be used to verify the analyses, but no adverse events of 
hypothyroidism or hyperthyroidism or abnormal thyroid function tests 
were reported.
    The three clinical pharmacology studies submitted are insufficient 
either to substantiate or dismiss clinical concerns related to 
potential thyroid effects from enzacamene. We request submission of any 
additional clinical thyroid function data or analyses that have not yet 
been submitted to us, including any provided to the European Scientific 
Committee on Cosmetic Products and Nonfood Products (SCCNFP) to support 
its 2008 conclusion that enzacamene at a concentration up to 4 percent 
is safe for use in finished cosmetic products for whole body 
application (Ref. 6). If, after full review of nonclinical toxicology 
data (discussed in section I.B of this proposed order) and any 
additional clinical data, concerns exist regarding enzacamene's thyroid 
safety, we will recommend that additional clinical study be carried 
out. It is recommended that we be consulted regarding the study 
protocols prior to commencement of such investigations.
3. Human Safety Data To Establish Adverse Event Profile
    An evaluation of safety information from adverse event reports and 
other safety-related information derived from commercial marketing 
experience of sunscreen products containing enzacamene, as well as from 
other sources, is a critical aspect of FDA's safety review for 
enzacamene. The TEA regulation under which the original request for 
enzacamene was submitted specifically calls for submission of 
information on all serious adverse drug experiences, as defined in 21 
CFR 310.305(a) and 314.80(a), from each country where the active 
ingredient or other condition has been or is currently marketed as 
either a prescription or OTC drug; in addition, it calls for submission 
of all data generally specified in Sec.  330.10(a)(2), which includes 
documented case reports and identification of expected or frequently 
reported side effects (Sec.  330.14(f)(1) and (f)(2)). To evaluate 
enzacamene, FDA continues to seek individual adverse drug experience 
reports, a summary of all serious adverse drug experiences, and 
expected or frequently reported side effects of the condition (id.). To 
assist in the Agency's safety evaluation of enzacamene, FDA emphasizes 
our need for the following data:
     A summary of all available reported adverse events 
potentially associated with enzacamene;
     All available documented case reports of serious side 
effects
     Any available safety information from studies of the 
safety and effectiveness of enzacamene in humans; and
     Relevant medical literature describing adverse events 
associated with enzacamene. Submissions of adverse event data should 
also include a description of how each country's system identifies and 
collects adverse events, unless this information has been previously 
submitted as part of enzacamene's TEA package.
    Although we recognize that adverse event data from foreign 
marketing experience may reflect patterns of use and regulatory 
reporting requirements that differ from those in the United States, we 
nonetheless consider such information to be strongly relevant both to 
our overall GRASE assessment of enzacamene for use in sunscreens and to 
our consideration of potential product labeling. FDA recognizes that 
such information may not be available from all countries; where that is 
the case, please provide a written explanation for the lack of data. 
Overall, we seek sufficient data to characterize enzacamene's adverse 
event profile.\3\
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    \3\ See 67 FR 3060 at 3069 (January 23, 2002) (agreeing that the 
absence of an adverse experience reporting system in a foreign 
country for drugs or cosmetics does not necessarily mean that a 
condition cannot be GRAS/E. The GRAS/E determination will be based 
on the overall quality of the data and information presented to 
substantiate safety and effectiveness).
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Data Available for Enzacamene: Human Safety Data To Establish Adverse 
Event Profile
    The 1999 enzacamene submission states that no complaints from 
customers concerning tolerance or adverse reactions had been reported 
for enzacamene by the cosmetic industry during the prior 10 years (Note 
14). This information was referred to in the 2002 TEA submission and 
the 2003 enzacamene data submission. The 1999 enzacamene submission 
also included a literature search for adverse reactions to enzacamene 
from the following databases: Medline (1966-1998), Derwent Drug File 
(1983-1998), and CCSearch (week 3 1998-week 48 1998) (Note 15). There 
were 17 articles reviewed which had been published or translated into 
English. Of these, 10 articles describe contact dermatitis and 
resultant positive photopatch testing in one or two patients. The 7 
other articles are literature or case series reviews of up to 400 
patients, describing dermatologic adverse reactions to sunscreen use 
and subsequent photopatch testing. On the whole, these reports suggest 
that enzacamene has the potential to cause contact allergy and 
photocontact allergy. However, data from this literature have 
limitations. In some cases, the testing methodology used to determine 
that enzacamene is an allergen is not described. Also, some of the test 
formulations used are not described. It is conceivable that the 
observed reactions may have been specific to particular test 
formulations, including formulations containing other active 
ingredients.
    The submitted information and literature do not fulfill the 
criteria described previously. To support the evaluation of safety of 
enzacamene for

[[Page 10031]]

use in OTC sunscreens, we request that the sponsor either supplement 
the data already submitted, including more recent adverse drug 
experience data, or explain why such data cannot be provided.

B. Nonclinical (Animal) Studies

    Another important element of FDA's GRAS review of enzacamene for 
use in sunscreens is an assessment of data from nonclinical (animal) 
studies that characterize the potential long-term dermal and systemic 
effects of exposure to enzacamene. Even if the bioavailability data 
discussed in section II.A.2 suggest that dermal application is unlikely 
to result in skin penetration and systemic exposure to enzacamene, FDA 
still considers data on the effects of systemic exposure to be an 
important aspect of our safety evaluation of enzacamene. A 
determination that enzacamene up to 4 percent is GRASE for use in 
sunscreens would permit its use in as-yet-unknown product formulations, 
which might in turn alter the skin penetration of the active 
ingredient. Therefore, an understanding of the effects of enzacamene, 
were systemic exposure to occur, is critical to determine whether and 
how regulatory parameters can be defined to assure that all conforming 
enzacamene-containing sunscreens would be GRASE as labeled.
    FDA recommends animal testing of the potential long-term dermal and 
systemic effects of exposure to enzacamene because these effects cannot 
be easily assessed from previous human use. Taken together, the 
carcinogenicity studies, developmental and reproductive toxicity 
studies, and toxicokinetic studies described in sections II.B.1 through 
II.B.3 should provide the information needed to characterize both the 
potential dermal and systemic toxic effects and the levels of exposure 
at which they occur. These data, when viewed in the context of human 
exposure data, can be used to determine a margin of safety for use of 
enzacamene in OTC sunscreens.
Data Available for Enzacamene: Nonclinical (Animal) Studies Generally
    The enzacamene submissions included data from the following types 
of nonclinical safety studies:

 Acute-dose toxicity studies
    [cir] Oral toxicity (rats, dogs) (Note 16)
    [cir] Dermal toxicity (rats) (Note 17)
    [cir] Intraperitoneal toxicity (rats) (Note 18)
    [cir] Mucosal irritation (rabbits) (Note 19)
    [cir] Skin irritation and sensitization (guinea pigs) (Note 20)
    [cir] Phototoxicity potential (mice) (Note 21)
    [cir] Photosensitization (guinea pig) (Note 22)
 Repeat-dose toxicity studies
    [cir] 17 days oral (rat) (Note 23)
    [cir] 4 weeks oral (rat) (Note 24)
    [cir] 13 weeks oral (rat) (Note 25)
    [cir] Liver enzyme induction study (rat) (Note 26)
 Genotoxicity and mutagenicity assays
    [cir] Chromosome aberration assay (Chinese hamster V79 cells) (Note 
27)
    [cir] Mutagenicity (Salmonella typhimurium) (Note 28)
    [cir] Photomutagenicity (S. typhimurium, Escherichia coli) (Note 
29)
 Reproductive and developmental toxicity studies
    [cir] Orienting tests for embryotoxicity (rabbit) (Note 30)
    [cir] Toxicological investigation (incubated hen's egg) (Note 31)
    [cir] Teratogenicity (rat) (Note 32)

    Based on the submitted studies, acute toxicity was low. However, 
the standard battery of tests detected findings that we will consider 
further as additional data become available to inform our GRAS 
assessment. Studies submitted by the sponsor showed an increase in 
thyroid weight and changes in thyroid function that included an 
increase in T3 and TSH, along with a decrease in T4. Other thyroid 
findings included follicular epithelium hypertrophy and hyperplasia. A 
decrease in adrenal and prostate weights, and alterations in ovarian 
weights (an increase was seen in some studies while decreased weight 
was noted in others), was documented with a no observed adverse effect 
level (NOAEL) of 25-30 mg/kilograms (kg)/day (Note 33).
    To followup on these findings, we identified published literature 
that describes related enzacamene activity. A number of these articles 
indicate that exposure to enzacamene at high doses has been associated 
with hormonal changes. Among the in vitro findings (Refs. 7 through 
16), a number of articles described the in vitro binding activity of 
enzacamene to estrogen (ER) and androgen (AR) receptors where it was 
able to bind to ER[szlig] but showed inconsistent binding activity at 
ER[alpha] receptors. No androgenic activity and mixed results for 
antiandrogenic activity were also documented.
    Other effects of enzacamene included in vivo alterations of 
reproductive tissues and behavior in rats (Refs. 17 through 25). 
Findings include decreased testis weight; increased prostate volume and 
altered duct development; delayed preputial separation; decreased 
prostate weight in males; and increased uterine weight, decreased 
ovarian weight, and altered sexual behavior in females. Overall, we 
cannot arrive at a final determination about the findings described in 
the literature until we receive a complete nonclinical assessment as 
described in sections II.B.1 through II.B.3.
    We did not receive data from toxicokinetic or dermal or systemic 
carcinogenicity studies. Upon assessment of all available information 
for enzacamene and based on the nonclinical studies currently 
recommended to support sunscreen development, the following nonclinical 
studies are recommended to support the safety of enzacamene:

     Dermal and systemic carcinogenicity
     Fertility
     Prenatal/postnatal toxicity
     Toxicokinetics

    Additional discussion of study findings and data gaps are provided 
in the following subsections.
1. Carcinogenicity Studies: Dermal and Systemic
    FDA guidance recommends that carcinogenicity studies be performed 
for any pharmaceutical that is expected to be clinically used 
continuously for at least 6 months or ``repeatedly in an intermittent 
manner'' (Refs. 26, 27, and 28). Because the proposed use of enzacamene 
in OTC sunscreens falls within this category, these studies should be 
conducted to help establish that enzacamene is GRAS for its proposed 
use. Carcinogenicity studies assist in characterizing potential dermal 
and systemic risks by identifying the type of toxicity observed, the 
level of exposure at which toxicity occurs, and the highest level of 
exposure at which no adverse effects occur (i.e., NOAEL). The NOAEL 
would then be used in determining the safety margin for human exposure 
to sunscreens containing enzacamene.
    Systemic carcinogenicity studies can also help to identify other 
systemic or organ toxicities that may be associated with enzacamene, 
such as hormonal effects. For example, the effect of persistent 
disruption of particular endocrine gland systems (e.g., hypothalamic-
pituitary-adrenal axis), if any, can be captured by these assays.
Data Available for Enzacamene: Genotoxicity Studies
    Enzacamene showed no evidence of DNA mutations in one standard Ames 
test. A chromosomal aberration assay using a Chinese hamster V79 cell 
line

[[Page 10032]]

and a photomutagenicity assay were negative. Although these studies 
somewhat ease concerns about potential genotoxicity and mutagenicity, 
they were not definitive evaluations of potential toxic effects from 
long-term systemic or dermal exposure.
Data Available for Enzacamene: Carcinogenicity Studies
    We did not receive dermal or systemic carcinogenicity studies. 
Assessments of both dermal and systemic carcinogenicity are recommended 
because sunscreen products containing enzacamene are expected to be 
applied over large portions of the body with multiple daily 
applications. In addition, as discussed previously, marketing of this 
product according to a final sunscreen order might permit its 
formulation in a variety of as-yet-unknown vehicles that might have an 
impact on systemic absorption. Consequently, FDA seeks information on 
dermal and system carcinogenicity, in case of the possibility that 
systemic absorption could occur.
2. Developmental and Reproductive Toxicity (DART) Studies (Ref. 29)
    FDA recommends conducting DART studies to evaluate the potential 
effects that exposure to enzacamene may have on developing offspring 
throughout gestation and postnatally until sexual maturation, as well 
as on the reproductive competence of sexually mature male and female 
animals. Gestational and neonatal stages of development may also be 
particularly sensitive to active ingredients with hormonal activity. 
For this reason, we recommend that these studies include assessments of 
endpoints such as vaginal patency, preputial separation, anogenital 
distance, and nipple retention, which can be incorporated into 
traditional DART study designs to assess potential hormonal effects of 
enzacamene on the developing offspring. We also recommend conducting 
behavioral assessments (e.g., mating behavior) of offspring, which may 
also detect neuroendocrine effects.
Data Available for Enzacamene: DART Studies
    Potential reproductive and developmental effects from enzacamene 
were evaluated in two embryotoxicity studies and one teratogenicity 
study. Enzacamene did not show evidence of embryotoxicity in a pilot 
rabbit test and hen's egg assay. In a teratogenicity study in rats with 
oral administration of single daily doses of 10, 30, and 100 mg/kg of 
enzacamene administered on days 6 to 15 after conception, enzacamene 
was not found to be teratogenic in any of the treated groups. 
Additional DART testing is recommended to assess fertility and prenatal 
and postnatal development in a rodent model.
3. Toxicokinetics (Ref. 30)
    We recommend conducting animal toxicokinetic studies because they 
provide an important bridge between toxic levels seen in animal studies 
and potential human exposure. Data from these studies can be correlated 
to potential human exposure via clinical dermal pharmacokinetic study 
findings. Toxicokinetic data could be collected as part of animal 
studies being conducted to assess one or more of the safety parameters 
described previously.
Data Available for Enzacamene: Toxicokinetics
    No toxicokinetic data were submitted as part of any of the 
nonclinical studies, thus it is difficult to bridge from animal 
findings to potential human exposure. Toxicokinetic data should be 
collected as part of the animal studies to allow exposure comparisons 
between animals and humans.
    Toxicokinetic data are particularly important to the evaluation of 
enzacamene's safety for use in sunscreens because enzacamene appears to 
have the potential to affect some endocrine-responsive endpoints. We 
need toxicokinetic data to develop more information about exposure 
parameters, in order to understand whether a margin of safety exists 
between the exposures that cause the effects in animals and estimated 
human exposures. Should we find, after review of a more complete 
nonclinical program, that additional clinical studies are warranted, we 
will provide additional recommendations regarding the design of the 
studies.

III. Effectiveness Data Considerations for OTC Sunscreen Products 
Containing Enzacamene

    FDA's evaluation of the effectiveness of active ingredients under 
consideration for inclusion in an OTC drug monograph is governed by the 
following regulatory standard: Effectiveness means a reasonable 
expectation that, in a significant proportion of the target population, 
the pharmacological effect of the drug, when used under adequate 
directions for use and warnings against unsafe use, will provide 
clinically significant relief of the type claimed. Proof of efficacy 
shall consist of controlled clinical investigations as defined in 21 
CFR 314.126(b). Investigations may be corroborated by partially 
controlled or uncontrolled studies, documented clinical studies by 
qualified experts, and reports of significant human experience during 
marketing. Isolated case reports, random experience, and reports 
lacking the details that permit scientific evaluation will not be 
considered. General recognition of effectiveness shall ordinarily be 
based upon published studies which may be corroborated by unpublished 
studies and other data (Sec.  330.10(a)(4)(ii)). For convenience, this 
order uses the term ``generally recognized as effective'' (GRAE) when 
referring to this aspect of the GRASE determination.
    To evaluate the efficacy of enzacamene for use in OTC sunscreen 
products, FDA requests evidence from at least two adequate and well-
controlled SPF studies showing that enzacamene effectively prevents 
sunburn. To determine that enzacamene is GRAE for use in OTC sunscreens 
at concentrations in a range with the proposed maximum strength of 4 
percent as requested, two adequate and well-controlled SPF studies of 
enzacamene at a lower concentration should be conducted according to 
established standards.\4\ These SPF studies should demonstrate that the 
selected concentration (below 4 percent) provides an SPF of 2 or more.
---------------------------------------------------------------------------

    \4\ The upper bound of any concentration of enzacamene 
ultimately established in the OTC sunscreen monograph will be 
governed by the safety data, as well as by efficacy.
---------------------------------------------------------------------------

    The current standard procedure for SPF testing is described in 
FDA's regulations in Sec.  201.327(i).\5\ Further SPF tests for 
enzacamene should be performed as described in these regulations, using 
a test formulation containing enzacamene as the only active ingredient 
to identify its contribution to the overall SPF test results. (See the 
following subsection Data Available for Enzacamene: Effectiveness for 
further discussion of submitted SPF tests.) The study should also 
include a vehicle control arm in order to rule out any contribution the 
vehicle may have on the SPF test results. Finally, as described in 
Sec.  201.327(i), an SPF standard formulation comparator arm should be 
another component of the study design.
---------------------------------------------------------------------------

    \5\ Although the SPF testing procedure is used primarily for 
final formulation testing of finished products marketed without 
approved NDAs, under the sunscreen monograph, it is equally 
applicable for determining whether or not a sunscreen active 
ingredient is GRAE.
---------------------------------------------------------------------------

    Although current sunscreen testing and labeling regulations also 
specify a ``broad spectrum'' testing procedure to support related 
labeling claims for certain OTC sunscreen products marketed without 
approved new drug

[[Page 10033]]

applications that contain specified active ingredients included in the 
stayed sunscreen monograph, those additional claims are permitted, but 
not required (Sec.  201.327(c)(2) and (j)). Under current regulations, 
sunscreen active ingredients need only be effective for the labeled 
indication of sunburn prevention, for which the SPF test can provide 
sufficient evidence. Consistent with this approach, we here do not 
request broad spectrum testing data for enzacamene. Broad spectrum 
protection is often, although not always, the result of the combined 
contribution of multiple active ingredients in a final sunscreen 
formulation. Thus, under the current regulations applicable to other 
sunscreens, the determination of whether an individual sunscreen 
product may be labeled as broad spectrum and bear the related 
additional claims is made on a product-specific basis, applying 
standard testing methods set forth in those regulations. If enzacamene 
is established to be GRASE for use in nonprescription sunscreens (based 
in part on the efficacy data requested here), the final order can 
likewise address broad-spectrum testing and related labeling conditions 
for final sunscreen formulations containing enzacamene.

Data Available for Enzacamene: Effectiveness

    A total of 11 efficacy studies were submitted. Two studies, an in 
vitro assessment and a field study, both dated from the 1970s, did not 
use study designs that we consider valid for SPF assessment for a GRASE 
determination (Docket No. 78N-0038, OTC Volume 060083, submitted 
December 18, 1973; Docket No. 78N-0038, OTC Volume 060130, submitted 
November 1974). The other nine studies all tested enzacamene as the 
only active ingredient. These included two studies of 1.25 percent 
enzacamene and three studies of 2.5 percent enzacamene, concentrations 
within the range found eligible for consideration of GRASE status in 
the Agency's 2003 eligibility determination, and three studies of 5 
percent enzacamene and one study of 10 percent enzacamene, 
concentrations above the maximum established to be eligible for 
consideration, which studies we do not further address in this proposed 
order. (FDA-1978-N-0018-0766, Citizen Petition (CP1), submitted 
December 17, 1980.) In each of the five studies addressing enzacamene 
at concentrations of 1.25 percent and 2.5 percent, enzacamene achieved 
a mean SPF of 2, but there is substantial variability in the data and 
it cannot be confirmed that that efficacy was established at any of the 
concentrations tested. In addition, none of these study reports 
specified the use of appropriate standard controls to validate the test 
results. Currently, there are insufficient data to support a finding 
that enzacamene is GRAE at concentrations up to 4 percent.
    To support a finding that enzacamene is GRAE at concentrations up 
to 4 percent, we request data from two adequate and well-controlled SPF 
studies conducted according to established standards to demonstrate 
that the lowest selected concentration provides an SPF of 2 or more. 
Because no study has been identified that establishes that enzacamene 
is effective at a concentration of 4 percent, we also recommend that 
such a study be conducted and submitted.

IV. Summary of Current Data Gaps for Enzacamene

    Based on our review of the available safety and efficacy data as 
discussed previously, we request the types of data listed in this 
section of the proposed order, at minimum, for us to reverse our 
tentative determination that enzacamene is not GRASE and is misbranded 
because the data are insufficient to classify enzacamene as GRASE and 
not misbranded, and additional data are necessary to allow us to 
determine otherwise. For additional information about the purpose and 
design of studies recommended to address these data gaps, please refer 
to the earlier sections of this proposed order referenced in 
parentheses. We welcome discussions on design of any of the studies 
prior to their commencement. We request the following types of data:

 Safety Data (see section II)

A. Human Clinical Studies

1. Skin irritation/sensitization and photosafety (see section II.A.1)
2. Human dermal pharmacokinetic (bioavailability) studies (see section 
II.A.2)
    The need for additional human safety studies (e.g., for evaluation 
of hormonal disruption) will be based on review of the completed 
nonclinical studies, as recommended in section IV.C.

B. Human Safety Data To Establish Adverse Event Profile (II.A.3)

1. A summary of all available reported adverse events potentially 
associated with enzacamene
2. All available documented case reports of serious side effects
3. Any available safety information from studies of the safety and 
effectiveness of sunscreen products containing enzacamene in humans
4. Relevant medical literature describing adverse events associated 
with enzacamene
    Alternatively, the results of a literature search that found no 
reports of adverse events may be provided. In that case, detailed 
information on how the search was conducted should be provided.

C. Nonclinical (Animal) Studies

1. Dermal and systemic carcinogenicity (see section II.B.1)
2. Fertility (see section II.B.2)
3. Prenatal/postnatal development (see section II.B.2)
4. Toxicokinetics (see section II.B.3)

 Effectiveness Data (see section III)
    In order for concentrations of enzacamene up to 4 percent to be 
found to be GRASE for use in nonprescription sunscreen products as 
requested, at least two SPF studies showing effectiveness of a selected 
concentration lower than 4 percent should be conducted. An efficacy 
study of enzacamene at 4 percent is also recommended.

V. Administrative Procedures

    A copy of this proposed order will be filed in the Division of 
Dockets Management in Docket Numbers FDA-2003-N-0196, FDA-1978-N-0018, 
and FDA-1996-N-0006. To inform FDA's evaluation of whether this 
ingredient is GRASE and not misbranded for use in sunscreen products, 
we encourage the sponsor and other interested parties to submit 
additional data regarding the safety and effectiveness of this 
ingredient for use as an OTC sunscreen product. We also encourage the 
sponsor and other interested parties to notify us in writing of their 
intent to submit additional data. However, as noted previously, because 
the data submitted to date are not sufficient to support a 
determination that enzacamene is GRASE for use as an active ingredient 
in OTC sunscreen drug products, at present, OTC sunscreen products 
containing enzacamene may not be marketed without approval of an NDA 
(see section 586C(e)(1)(A) of the FD&C Act, as amended by the SIA). 
Data submissions relating to this proposed order should be submitted to 
Docket Numbers FDA-2003-N-0196, FDA-1978-N-0018, and FDA-1996-N-0006 at 
the Division of Dockets Management (see ADDRESSES). In addition, you 
can submit the data through the Federal eRulemaking Portal at: http://www.regulations.gov. Follow the instructions for submitting comments.
    Section 586C(b)(7) of the FD&C Act, as amended by the SIA, provides 
that

[[Page 10034]]

the sponsor may, within 30 days of publication of a proposed order (see 
DATES), submit a request to FDA for a meeting to discuss the proposed 
order. Submit meeting requests electronically to http://www.regulations.gov or in writing to the Division of Dockets Management 
(see ADDRESSES), identified with the active ingredient name enzacamene, 
the docket numbers found in brackets in the heading of this proposed 
order, and the heading ``Sponsor Meeting Request.'' To facilitate your 
request, please also send a copy to Kristen Hardin (see FOR FURTHER 
INFORMATION CONTACT).

VI. Proposed Effective Date

    FDA proposes that any final administrative order based on this 
proposal become effective on the date of publication of the final order 
in the Federal Register.

VII. Comments

    Similarly, section 586C(b)(6) of the FD&C Act, as amended by the 
SIA, establishes that a proposed sunscreen order shall provide 45 days 
for public comment. Interested persons wishing to comment on this 
proposed order may submit either electronic comments to http://www.regulations.gov or written comments to the Division of Dockets 
Management (see ADDRESSES). It is only necessary to send one set of 
comments. Identify comments with the active ingredient name 
(enzacamene) and the docket numbers found in brackets in the heading of 
this proposed order. Received comments on this proposed order may be 
seen in the Division of Dockets Management between 9 a.m. and 4 p.m., 
Monday through Friday, and will be posted to the docket at http://www.regulations.gov.

VIII. Notes

    1. FDA-2003-N-0196-0056, Time and Extent Application (TEA) Request 
to Reopen the Rulemaking Record; submitted August 21, 2002.
    2. FDA-2003-N-0196-0028, C1, dated October 9, 2003.
    3. FDA-1978-N-0018-0759 (Sup 25), Volume 2, Report 10, dated 
November 27, 1972.
    4. FDA-1978-N-0018-0760 (Sup 26), Volume 3, Report 20, dated 
September 8, 1982.
    5. FDA-1978-N-0018-0759 (Sup 25), Volume 2, Report 11, dated 
February 20, 1980.
    6. FDA-1978-N-0018-0759 (Sup 25), Volume 2, Report 12, dated 
February 20, 1980.
    7. FDA-1978-N-0018-0760 (Sup 26), Volume 3, Report 21, dated June 
5, 1985.
    8. FDA-1978-N-0018-0759 (Sup 25), Volume 2, Report 14, dated 
November 29, 1982.
    9. FDA-1978-N-0018-0759 (Sup 25), Volume 2, Report 15, dated July 
17, 1984.
    10. FDA-1978-N-0018-0760 (Sup 26), Volume 3, Report 16, dated July 
8, 1984.
    11. FDA-1978-N-0018-0760 (Sup 26), Volume 3, Report 19, dated 
August 1, 1981.
    12. FDA-1978-N-0018-0760 (Sup 26), Volume 3, Report 18, dated July 
2, 1982.
    13. FDA-1978-N-0018-0762 (Sup 28), Volume 5, Report 29, Study no. 
43/20792, dated October 18, 1995.
    14. FDA-1978-N-0018-0754 (Sup 24), dated April 12, 1999.
    15. FDA-1978-N-0018-0755 (Sup 24), Attachment 1, dated April 12, 
1999.
    16. FDA-1978-N-0018-0758 (Sup 24), Volume 1, Reports 1, 2, 3 and 4, 
Study no. 4/83/71, 4/130/73, 4/131/73, 4/52/80.
    17. FDA-1978-N-0018-0758 (Sup 24), Volume 1, Reports 2 and 3, Study 
no. 4/130/73 and 4/131/73.
    18. Id.
    19. Id.
    20. Id.
    21. FDA-1978-N-0018-0759 (Sup 25), Volume 2, Report 8, dated 
October 16, 1978.
    22. FDA-1978-N-0018-0759 (Sup 25), Volume 2, Report 9, dated 
October 16, 1978.
    23. FDA-1978-N-0018-0758 (Sup 24), Volume 1, Report 5, dated May 5, 
1983.
    24. Id.
    25. FDA-1978-N-0018-0759 (Sup 25), Volume 2, Report 7, dated April 
26, 1984.
    26. FDA-1978-N-0018-0760 (Sup 26), Volume 3, Report 17, dated May 
1, 1984.
    27. FDA-1978-N-0018-0760 (Sup 26), Volume 3, Report 22, Study no. 
LMP166, dated April 25, 1986.
    28. FDA-1978-N-0018-0759 (Sup 25), Volume 2, Report 13, Study no. 
4/56/80, dated June 2, 1980.
    29. FDA-1978-N-0018-0761 (Sup 27), Volume 4, Report 28, Study no. 
40/13/93, dated April 14, 1993.
    30. FDA-1978-N-0018-0760 (Sup 26), Volume 3, Report 23, Study no. 
4/20/84, Experiment No. T9207.
    31. FDA-1978-N-0018-0761 (Sup 27), Volume 4, Report 24 and 25, 
dated October 23, 1987, and October 26, 1987.
    32. FDA-1978-N-0018-0761 (Sup 27), Volume 4, Report 26, Study no. 
4/43/88, Experiment No. T9305, dated September 14, 1983.
    33. FDA-1978-N-0018-0759 (Sup 25), Volume 2, Report 7, dated April 
26, 1984.

IX. References

    The following references have been placed on display in the 
Division of Dockets Management (see ADDRESSES) and may be seen by 
interested persons between 9 a.m. and 4 p.m., Monday through Friday, 
and are available electronically at http://www.regulations.gov. (FDA 
has verified the Web site addresses in this reference section, but FDA 
is not responsible for any subsequent changes to the Web sites after 
this document publishes in the Federal Register.)

1. FDA, Guidance for industry, ``Photosafety Testing,'' May 2003 
(available at http://www.fda.gov/downloads/Drugs/GuidanceComplianceRegulatoryInformation/Guidances/ucm079252.pdf).
2. FDA, Guidance for Industry, ``Guideline for the Format and 
Content of the Human Pharmacokinetics and Bioavailability Section of 
an Application,'' February 1987 (available at http://www.fda.gov/downloads/drugs/GuidanceComplianceRegulatoryInformation/Guidances/ucm072112.pdf).
3. Janjua, N.R., et al., ``Systemic Absorption of the Sunscreens 
Benzophenone-3, Octyl-Methoxycinnamate, and 3-(4-Methyl-Benzylidene) 
Camphor After Whole Body Topical Application and Reproductive 
Hormone Levels in Humans.'' Journal of Investigative Dermatology, 
vol. 123, pp. 57-61, 2004.
4. Schauer, U.M., et al., ``Kinetics of 3-(methylbenzlidene) Camphor 
in Rats and Humans After Dermal Application.'' Toxicology and 
Applied Pharmacology, vol. 216(2), pp. 339-346, 2006.
5. Janjua, N.R., et al., ``Sunscreens in Human Plasma and Urine 
After Repeated Whole-Body Topical Application.'' Journal of the 
European Academy of Dermatology and Venereology, vol. 22, pp. 456-
461, 2008.
6. Scientific Committee on Consumer Products (SCCP)/1184/08--SCCNFP 
opinion on 4-Methylbenzylidene camphor (4-MBC) Colipa n[deg] S60 
adopted during the 16th plenary meeting of June 24, 2008 (available 
at http://ec.europa.eu/health/ph_risk/committees/04_sccp/docs/sccp_o_141.pdf).
7. Jim[eacute]nez-D[iacute]az, I., et al., ``Simultaneous 
Determination of the UV-Filters Benzyl Salicylate, Phenyl 
Salicylate, Octyl Salicylate, Homosalate, 3-(4-Methylbenzylidene) 
Camphor and 3-Benzylidene Camphor in Human Placental Tissue by LC-
MS/MS. Assessment of Their In Vitro Endocrine Activity.'' Journal of 
Chromatography. B, Analytical Technologies in the Biomedical and 
Life Sciences, vol. 936, pp. 80-87, 2013.
8. Gomez, E., et al., ``Estrogenic Activity of Cosmetic Components 
in Reporter Cell Lines: Parabens, UV Screens and Musks.'' Journal of 
Toxicology and Environmental Health, Part A, vol. 68, pp. 239-251, 
2005.

[[Page 10035]]

9. Ma, R., et al., ``UV Filters With Antagonistic Action at Androgen 
Receptors in the MDA-kb2 Cell Transcriptional-Activation Assay.'' 
Toxicological Sciences, vol. 74(1), pp. 43-50, 2003.
10. Mueller, S.O., et al., ``Activation of Estrogen Receptor Alpha 
and ERbeta by 4-Methylbenzylidene-Camphor in Human and Rat Cells: 
Comparison With Phyto- and Xenoestrogens.'' Toxicology Letters, vol. 
142(1-2), pp. 89-101, 2003.
11. Schlumpf, M., et al., ``Estrogenic Activity and Estrogen 
Receptor Beta Binding of the UV Filter 3-Benzylidene Camphor. 
Comparison With 4-Methylbenzylidene Camphor.'' Toxicology, vol. 
199(2-3), pp. 109-120, 2004.
12. Schmutzler, C., et al., ``Endocrine Disruptors and the Thyroid 
Gland--A Combined In Vitro and In Vivo Analysis of Potential New 
Biomarkers.'' Environmental Health Perspectives, vol. 115 
(Supplement 1), pp. 77-83, 2007.
13. Schreurs, R., et al., ``Estrogenic Activity of UV Filters 
Determined by an In Vitro Reporter Gene Assay and an In Vivo 
Transgenic Zebrafish Assay.'' Archives of Toxicology, vol. 76, pp. 
257-261, 2002.
14. Seidlov[aacute]-Wuttke, D., et al., ``Comparison of Effects of 
Estradiol With Those of Octylmethoxycinnamate and 4-
Methylbenzylidene Camphor on Fat Tissue, Lipids and Pituitary 
Hormones.'' Toxicology and Applied Pharmacology, vol. 214(1), pp. 1-
7, 2006.
15. S[oslash]eborg, T., et al., ``Risk Assessment of Topically 
Applied Products.'' Toxicology, vol. 236(1-2), pp. 140-148, 2007.
16. Tinwell, H., et al., ``Confirmation of Uterotrophic Activity of 
3-(4-Methylbenzylidine) Camphor in the Immature Rat.'' Environmental 
Health Perspectives, vol. 110(5), pp. 533-536, 2002.
17. Durrer, S., et al., ``Estrogen Sensitivity of Target Genes and 
Expression of Nuclear Receptor Co-Regulators in Rat Prostate After 
Pre- and Postnatal Exposure to the Ultraviolet Filter 4-
Methylbenzylidene Camphor.'' Environmental Health Perspectives, vol. 
115 (Supplement 1), pp. 42-50, 2007.
18. Durrer, S., et al., ``Estrogen Target Gene Regulation and 
Coactivator Expression in Rat Uterus After Developmental Exposure to 
the Ultraviolet Filter 4-Methylbenzylidene Camphor.'' Endocrinology, 
vol. 146(5), pp. 2130-2139, 2005.
19. Faass, O., et al., ``Female Sexual Behavior, Estrous Cycle and 
Gene Expression in Sexually Dimorphic Brain Regions After Pre- and 
Postnatal Exposure to Endocrine Active UV Filters.'' 
Neurotoxicology, vol. 30(2), pp. 249-260, 2009.
20. Hofkamp, L., et al., ``Region-Specific Growth Effects in the 
Developing Rat Prostate Following Fetal Exposure to Estrogenic 
Ultraviolet Filters.'' Environmental Health Perspectives, vol. 
116(7), pp. 867-872, 2008.
21. Maerkel, K., et al., ``Sexually Dimorphic Gene Regulation in 
Brain as a Target for Endocrine Disrupters: Developmental Exposure 
of Rats to 4-Methylbenzylidene Camphor.'' Toxicology and Applied 
Pharmacology, vol. 218(2), pp. 152-165, 2007.
22. Maerkel, K., et al., ``Sex- and Region-Specific Alterations of 
Progesterone Receptor mRNA Levels and Estrogen Sensitivity in Rat 
Brain Following Developmental Exposure to the Estrogenic UV Filter 
4-Methylbenzylidene Camphor.'' Environmental Toxicology and 
Pharmacology, vol. 19(3), pp. 761-765, 2005.
23. Schlumpf, M., et al., ``In Vitro and In Vivo Estrogenicity of UV 
Screens.'' Environmental Health Perspectives, vol. 109(3), pp. 239-
244, 2001. Erratum in: Environmental Health Perspectives, vol. 
109(11), p. A517, 2001.
24. Schlumpf, M., et al., ``Estrogenic Activity and Estrogen 
Receptor Beta Binding of the UV Filter 3-Benzylidene Camphor. 
Comparison With 4-Methylbenzylidene Camphor.'' Toxicology, vol. 
199(2-3), pp. 109-120, 2004.
25. Schlumpf, M., et al. ``Endocrine Activity and Developmental 
Toxicity of Cosmetic UV Filters--An Update.'' Toxicology, vol. 
205(1-2), pp. 113-122, 2004.
26. International Conference on Harmonization (ICH), Guidance for 
Industry, ``The Need for Long Term Rodent Carcinogenicity Studies of 
Pharmaceuticals S1A,'' March 1996 (available at http://www.fda.gov/downloads/Drugs/GuidanceComplianceRegulatoryInformation/Guidance/UCM074911.pdf).
27. ICH, Guidance for Industry, ``S1B Testing for Carcinogenicity of 
Pharmaceuticals,'' July 1997 (available at http://www.fda.gov/downloads/Drugs/GuidanceComplianceRegulatoryInformation/Guidances/UCM074916.pdf).
28. ICH, ``S1C(R2) Dose Selection for Carcinogenicity Studies of 
Pharmaceuticals SIC(R2)'' (Revision 1), September 2008 (available at 
http://www.fda.gov/downloads/Drugs/GuidanceComplianceRegulatoryInformation/Guidances/UCM074919.pdf).
29. ICH Harmonized Tripartite Guideline for Industry, ``Detection of 
Toxicity to Reproduction for Medicinal Products & Toxicity to Male 
Fertility S5(R2),'' 2005 (available at http://www.ich.org/fileadmin/Public_Web_Site/ICH_Products/Guidelines/Safety/S5_R2/Step4/S5_R2__Guideline.pdf).
30. ICH, Guideline for Industry, ``Toxicokinetics: The Assessment of 
Systemic Exposure in Toxicity Studies S3A,'' March 1995 (available 
at http://www.fda.gov/downloads/Drugs/GuidanceComplianceRegulatoryInformation/Guidances/UCM074937.pdf).

    Dated: February 20, 2015.
Leslie Kux,
Associate Commissioner for Policy.
[FR Doc. 2015-03884 Filed 2-24-15; 8:45 am]
BILLING CODE 4164-01-P



                                                      10026                    Federal Register / Vol. 80, No. 37 / Wednesday, February 25, 2015 / Proposed Rules

                                                           TABLE 11a—UNIQUE PERSONS OVER PERCENTAGES OF PROPOSED POSITION LIMIT LEVELS, JANUARY 1, 2013, TO
                                                                                           DECEMBER 31, 2014—Continued
                                                                                                                                                                                   Unique persons over level
                                                                                                                                             Percent of
                                                            Commodity type/core referenced futures contract                                                     Spot month
                                                                                                                                               level                               Spot month
                                                                                                                                                                 (physical-                          Single month    All months
                                                                                                                                                                                  (cash-settled)
                                                                                                                                                                  delivery)

                                                                                                                                                          80                49                63                7              9
                                                                                                                                                         100                31                44               (*)             6
                                                                                                                                                         500                —                  5               —              —
                                                      NYMEX RBOB Gasoline (RB) .............................................                              60                97                57               26             30
                                                                                                                                                          80                67                52               15             17
                                                                                                                                                         100                36                37               11             12
                                                                                                                                                         500                —                 (*)              —              —

                                                                                                                                                  Metals

                                                      COMEX Copper (HG) ..........................................................                        60                12                —                61             62
                                                                                                                                                          80                 9                —                37             40
                                                                                                                                                         100                 4                —                29             30
                                                      COMEX Gold (GC) ..............................................................                      60                13                —                22             24
                                                                                                                                                          80                 9                —                14             14
                                                                                                                                                         100                 5                —                10             11
                                                      COMEX Silver (SI) ...............................................................                   60                 9                —                34             32
                                                                                                                                                          80                 4                —                20             21
                                                                                                                                                         100                (*)               —                16             16
                                                      NYMEX Palladium (PA) .......................................................                        60                 9                —                12             13
                                                                                                                                                          80                 5                —                 9              5
                                                                                                                                                         100                (*)               —                 4              4
                                                      NYMEX Platinum (PL) .........................................................                       60                11                —                29             29
                                                                                                                                                          80                 7                —                18             18
                                                                                                                                                         100                (*)               —                 9              9
                                                         Legend:
                                                         * means fewer than 4 unique owners exceeded the level.
                                                         — means no unique owner exceeded the level.
                                                         NA means not applicable.14


                                                        Both comment periods will reopen on                              DEPARTMENT OF HEALTH AND                                   because the currently available data are
                                                      February 26, 2015, and will close on                               HUMAN SERVICES                                             insufficient to classify it as GRASE and
                                                      March 28, 2015.                                                                                                               not misbranded, and additional
                                                                                                                         Food and Drug Administration                               information is needed to allow us to
                                                        Issued in Washington, DC, on February 19,
                                                      2015, by the Commission.
                                                                                                                                                                                    determine otherwise.
                                                                                                                         21 CFR Part 310
                                                      Christopher J. Kirkpatrick,                                                                                                   DATES: Submit either electronic or
                                                                                                                         [Docket Nos. FDA–2003–N–0196 (Formerly                     written comments on this proposed
                                                      Secretary of the Commission.                                       2003N–0233), FDA–1978–N–0018 (Formerly                     order by April 13, 2015. Sponsors may
                                                        Note: The following appendix will not                            1978N–0038 and 78N–0038), and FDA–1996–                    submit written requests for a meeting
                                                      appear in the Code of Federal Regulations.                         N–0006 (Formerly 96N–0277)]                                with FDA to discuss this proposed order
                                                                                                                         Over-the-Counter Sunscreen Drug                            by March 27, 2015. See section VI for
                                                      Appendix to Position Limits for                                    Products—Regulatory Status of                              the proposed effective date of a final
                                                      Derivatives and Aggregation of                                     Enzacamene                                                 order based on this proposed order.
                                                      Positions Reopening of Comment                                                                                                ADDRESSES: You may submit comments
                                                      Periods—Commission Voting Summary                                  AGENCY:          Food and Drug Administration,             by any of the following methods:
                                                                                                                         HHS.
                                                        On this matter, Chairman Massad and                                    Proposed order; request for
                                                                                                                         ACTION:                                                    Electronic Submissions
                                                      Commissioners Wetjen, Bowen, and                                   comments.                                                    Submit electronic comments in the
                                                      Giancarlo voted in the affirmative. No
                                                                                                                         SUMMARY:   The Food and Drug                               following way:
                                                      Commissioner voted in the negative.
                                                                                                                         Administration (FDA or the Agency) is                        • Federal eRulemaking Portal: http://
                                                      [FR Doc. 2015–03834 Filed 2–24–15; 8:45 am]                                                                                   www.regulations.gov. Follow the
                                                                                                                         issuing a proposed sunscreen order
                                                      BILLING CODE 6351–01–P                                             (proposed order) under the Federal                         instructions for submitting comments.
wreier-aviles on DSK5TPTVN1PROD with PROPOSALS




                                                                                                                         Food, Drug, and Cosmetic Act (the                          Written Submissions
                                                                                                                         FD&C Act), as amended by the
                                                                                                                         Sunscreen Innovation Act (SIA). The                          Submit written submissions in the
                                                                                                                         proposed order announces FDA’s                             following ways:
                                                        14 Table notes: (1) Aggregation exemptions were
                                                                                                                         tentative determination that                                 • Mail/Hand delivery/Courier (for
                                                      not used in computing the counts of unique
                                                                                                                         enzacamene is not generally recognized                     paper submissions): Division of Dockets
                                                      persons; (2) the position data was for futures,                    as safe and effective (GRASE) and is                       Management (HFA–305), Food and Drug
                                                      futures options and swaps that are significant price               misbranded when used in over-the-                          Administration, 5630 Fishers Lane, Rm.
                                                      discovery contracts (SPDCs).                                       counter (OTC) sunscreen products                           1061, Rockville, MD 20852.


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                                                                           Federal Register / Vol. 80, No. 37 / Wednesday, February 25, 2015 / Proposed Rules                                              10027

                                                         Instructions: All submissions received                to be marketed in the United States                  received, and for which a TEA feedback
                                                      must clearly identify the specific active                without an approved new drug                         letter had not yet been issued (section
                                                      ingredient (enzacamene) and the Docket                   application (NDA) or abbreviated new                 586C(b)(4) of the FD&C Act (21 U.S.C.
                                                      Nos. FDA–2003–N–0196, FDA–1978–N–                        drug application (ANDA). Because this                360fff–3(b)(4)), as amended by the SIA).
                                                      0018, and FDA–1996–N–0006 for this                       proposed order specifically addresses an             Other provisions of the SIA that are not
                                                      rulemaking. All comments received may                    OTC sunscreen active ingredient                      discussed in this proposed order
                                                      be posted without change to http://                      (enzacamene), the remainder of this                  address procedures applicable to other
                                                      www.regulations.gov, including any                       discussion will refer only to ‘‘active               pending and future sunscreen active
                                                      personal information provided. For                       ingredients.’’                                       ingredient GRASE determinations,
                                                      additional information on submitting                        Critical steps in a proceeding under              pending and future GRASE
                                                      comments, see the ‘‘Comments’’ heading                   the TEA regulation include the                       determinations for OTC products other
                                                      of the SUPPLEMENTARY INFORMATION                         following: (1) FDA’s determination that              than sunscreens, issuance of specified
                                                      section of this document.                                an active ingredient had been marketed               guidances and reports, and completion
                                                         Docket: For access to the docket to                   for the proposed OTC use for a material              of pending sunscreen rulemakings,
                                                      read background documents or                             time and to a material extent (eligibility           among others.
                                                      comments received, go to http://                         determination), and public call for                     A proposed sunscreen order under the
                                                      www.regulations.gov and insert the                       submission of safety and efficacy data,              SIA is an order containing FDA’s
                                                      docket numbers, found in brackets in                     followed by; (2) review of safety and                tentative determination proposing that a
                                                      the heading of this document, into the                   efficacy data submitted by the sponsor               nonprescription sunscreen active
                                                      ‘‘Search’’ box and follow the prompts                    or other interested parties; and (3)                 ingredient or combination of
                                                      and/or go to the Division of Dockets                     FDA’s initial determination that the data            ingredients: (1) Is GRASE and is not
                                                      Management, 5630 Fishers Lane, Rm.                       show the active ingredient to be either              misbranded when marketed in
                                                      1061, Rockville, MD 20852.                               GRASE or not GRASE for OTC use                       accordance with the proposed order; (2)
                                                         Submit requests for a meeting with                    under the applicable monograph                       is not GRASE and is misbranded; or (3)
                                                      FDA to discuss this proposed order to                    conditions (including any new                        is not GRASE and is misbranded
                                                      Kristen Hardin (see FOR FURTHER                          conditions rising from FDA’s review)                 because the data are insufficient to
                                                      INFORMATION CONTACT).                                    (GRASE determination). Under the TEA                 classify the active ingredient or
                                                      FOR FURTHER INFORMATION CONTACT:                         regulation, FDA’s GRASE                              combination of ingredients as GRASE
                                                      Kristen Hardin, Division of                              determinations are effectuated through               and not misbranded, and additional
                                                      Nonprescription Drug Products, Center                    notice and comment rulemaking to                     information is necessary to allow FDA
                                                      for Drug Evaluation and Research, Food                   amend or establish the appropriate                   to determine otherwise (section 586(7)
                                                      and Drug Administration, 10903 New                       monograph.                                           of the FD&C Act, as amended by the
                                                      Hampshire Ave., Bldg. 22, Rm. 5491,                         The TEA process in FDA regulations                SIA). Publication of a proposed
                                                      Silver Spring, MD 20993–0002, 240–                       was supplemented by Congress’s                       sunscreen order triggers several
                                                      402–4246.                                                enactment of the SIA. Among other                    timelines under the SIA, including a 45-
                                                      SUPPLEMENTARY INFORMATION:                               amendments it makes to the FD&C Act,                 day public comment period, and a 30-
                                                                                                               the SIA creates new procedures                       day period in which a sponsor may
                                                      I. Regulatory Background                                 specifically for reviewing the safety and            request a meeting with FDA to discuss
                                                      A. Regulatory and Statutory Framework                    effectiveness of nonprescription                     the proposed order.
                                                                                                               sunscreen active ingredients, including
                                                        The data and information addressed                     those, such as enzacamene, that were                 B. FDA’s Review of Enzacamene
                                                      in this proposed order were originally                   the subject of pending TEA proceedings
                                                      submitted for review under FDA’s Time                                                                            Buchanan Ingersoll submitted a TEA
                                                                                                               at the time the SIA was enacted. Like                in 2002 on behalf of Merck KGaA under
                                                      and Extent Application (TEA)                             the TEA regulation, the SIA calls for an
                                                      regulation, § 330.14 (21 CFR 330.14), a                                                                       § 330.14(c) seeking OTC monograph
                                                                                                               initial eligibility determination phase              status for the sunscreen active
                                                      process that has since been                              for nonprescription sunscreen active
                                                      supplemented with new statutory                                                                               ingredient enzacamene (also known as
                                                                                                               ingredients, followed by submissions of              4-Methylbenzylidene Camphor (4-MBC)
                                                      procedures established in the SIA (Pub.                  safety and efficacy data and a GRASE
                                                      L. 113–195), enacted November 26,                                                                             or Eusolex 6300) at concentrations up to
                                                                                                               determination phase. However, the SIA                4 percent for use in OTC sunscreen
                                                      2014. The discussion that follows                        requires FDA to make proposed and
                                                      briefly describes and compares the pre-                                                                       products (enzacamene TEA) (Note 1).
                                                                                                               final GRASE determinations for                       FDA issued a TEA notice of eligibility
                                                      and post-SIA processes as they apply to                  nonprescription sunscreen active
                                                      the regulatory status of enzacamene.                                                                          for enzacamene on July 11, 2003 (68 FR
                                                                                                               ingredients in the form of administrative            41386), stating that enzacamene at
                                                        The TEA regulation established a
                                                                                                               orders rather than the multistep public              concentrations of up to 4 percent is
                                                      process through which a sponsor could
                                                                                                               rulemaking required by the TEA                       eligible to be considered for inclusion in
                                                      request that an active ingredient or other
                                                                                                               regulation, and establishes strict                   the OTC sunscreen monograph (21 CFR
                                                      OTC condition,1 particularly one not
                                                                                                               timelines for the necessary                          part 352, currently stayed) and calling
                                                      previously marketed in the United                        administrative actions.
                                                      States, be added to an OTC drug                                                                               for submission of safety and
                                                                                                                  Among other requirements, no later
                                                      monograph to enable compliant OTC                                                                             effectiveness data for enzacamene. In
                                                                                                               than 90 days after the SIA was enacted
                                                                                                                                                                    response, a submission of data dated
wreier-aviles on DSK5TPTVN1PROD with PROPOSALS




                                                      drug products containing the condition                   (i.e., no later than February 24, 2015),
                                                                                                                                                                    October 9, 2003, was made to the docket
                                                                                                               FDA must publish a proposed sunscreen
                                                         1 For purposes of OTC drug regulation, a                                                                   on behalf of Merck KGaA (enzacamene
                                                                                                               order in the Federal Register for any
                                                      ‘‘condition’’ is defined as an active ingredient or                                                           data submission) (Note 2), which
                                                      botanical drug substance (or a combination of active     nonprescription sunscreen active
                                                                                                                                                                    referred to materials previously
                                                      ingredients or botanical drug substances), dosage        ingredient, including enzacamene, for
                                                      form, dosage strength, or route of administration                                                             submitted to other dockets.2 At the time
                                                                                                               which, on the date of enactment, an
                                                      marketed for a specific OTC use, with specific
                                                      exclusions (see § 330.14(a)(2)). This document will
                                                                                                               eligibility determination had been                     2 These include FDA–1978–N–0018–0744–0756

                                                      refer simply to new ‘‘active ingredients,’’ since that   issued under the TEA regulation and                  (Sup 24, 25, 26, 27 and 28), Request to Reopen
                                                      is the condition under consideration.                    submissions of safety and efficacy data                                                     Continued




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                                                      10028               Federal Register / Vol. 80, No. 37 / Wednesday, February 25, 2015 / Proposed Rules

                                                      the SIA was enacted, FDA had not                        corroborated by unpublished studies                   all requirements applicable to
                                                      issued a TEA feedback letter or                         and other data (§ 330.10(a)(4)(i) (21 CFR             nonprescription drugs would be GRAS
                                                      otherwise responded to that submission.                 330.10(a)(4)(i))).                                    for use as labeled. To demonstrate that
                                                         In accordance with new section                          FDA’s OTC drug regulations generally               these requirements are met for
                                                      586C(b)(4) of the FD&C Act as amended                   identify the types of information that                enzacamene, initial safety testing should
                                                      by the SIA, we are issuing this notice as               may be submitted as evidence that an                  be performed using enzacamene as the
                                                      a proposed order for enzacamene. Based                  active ingredient or other OTC drug                   sole active ingredient up to the highest
                                                      on our review of the available safety and               condition is safe, as part of the                     concentration for which marketing
                                                      efficacy data, we have made a tentative                 consideration of whether an active                    status is sought and eligibility has been
                                                      determination that enzacamene is not                    ingredient or other condition is GRASE                established: 4 percent. If initial testing
                                                      GRASE and is misbranded because the                     (§ 330.10(a)(2)). For convenience, this               suggests a particular safety concern
                                                      data are insufficient to classify it as                 order uses the term ‘‘generally                       associated with enzacamene (e.g., a
                                                      GRASE and not misbranded for use in                     recognized as safe (GRAS)’’ to refer to               hormonal activity), FDA may request
                                                      OTC sunscreens, and additional                          that aspect of the GRASE determination.               additional studies to address that
                                                      information is necessary to allow us to                 To apply the general OTC safety                       concern.
                                                      determine otherwise. The remainder of                   standard to each potential new
                                                      this proposed sunscreen order describes                 condition, FDA uses its scientific                    A. Human Safety Data
                                                      our review of the available safety and                  expertise to determine what constitutes               1. Human Irritation, Sensitization, and
                                                      efficacy data, identifies additional data               ‘‘adequate tests by methods reasonably                Photosafety Studies
                                                      needed to demonstrate that enzacamene                   applicable to show the drug is safe
                                                                                                              under the prescribed, recommended, or                    Studies of skin irritation,
                                                      is GRASE for the requested use, and                                                                           sensitization, and photosafety are
                                                      explains our rationale for specific                     suggested conditions of use.’’ In
                                                                                                              assessing what specific testing or other              standard elements in the safety
                                                      conclusions and data requirements.                                                                            evaluation of topical drug products that,
                                                         This proposed order will be open for                 data are needed to adequately
                                                                                                              demonstrate the safety of enzacamene                  like enzacamene-containing sunscreens,
                                                      public comment (see DATES). The
                                                                                                              for use in sunscreen, FDA considers the               are applied to the skin repeatedly over
                                                      sponsor may request a meeting with
                                                                                                              circumstances under which OTC                         long periods of time. FDA recommends
                                                      FDA to discuss this proposed order (see
                                                                                                              sunscreen products that could contain                 separate studies for skin irritation and
                                                      DATES). We also invite the sponsor to
                                                                                                              enzacamene would be used by                           sensitization. Skin irritation studies
                                                      submit additional safety and/or efficacy
                                                                                                              consumers.                                            should generally include at least 30
                                                      data to inform our further consideration,
                                                                                                                 When used as directed with other sun               evaluable subjects and should evaluate
                                                      as publication of a final sunscreen order
                                                                                                              protection measures, broad spectrum                   the test formulation (i.e., enzacamene in
                                                      under the SIA for enzacamene will be
                                                                                                              OTC sunscreen products with a sun                     an appropriate test vehicle), the vehicle
                                                      contingent on receipt of such
                                                                                                              protection factor (SPF) value of 15 or                alone, and both negative and positive
                                                      information. (See section 586C(b)(9)(ii)
                                                                                                              higher strongly benefit the public health             controls. Skin sensitization studies
                                                      of the FD&C Act.) We specifically
                                                                                                              by decreasing the risk of skin cancer and             generally should include at least 200
                                                      encourage the sponsor to discuss any
                                                                                                              premature skin aging associated with                  subjects and should evaluate the test
                                                      proposed study protocols with us before
                                                                                                              solar ultraviolet (UV) radiation, as well             formulation containing enzacamene, the
                                                      performing the studies.
                                                                                                              as by helping to prevent sunburn.                     vehicle, and a negative control. For both
                                                      II. Safety Data Considerations for OTC                  (Sunscreens with lower SPF values, or                 irritation and sensitization studies, test
                                                      Sunscreen Products Containing                           without broad spectrum protection, also               site applications should be randomized
                                                      Enzacamene                                              help prevent sunburn.) When used as                   and the test observer blinded to the
                                                         In evaluating the safety of a proposed               directed by the required labeling, all                identities of the test formulations.
                                                      monograph active ingredient, FDA                        OTC sunscreen products are applied                       FDA recommends that photosafety
                                                      applies the following regulatory                        liberally to the skin and reapplied                   evaluation generally involve studies of
                                                      standard: Safety means a low incidence                  frequently throughout the day                         skin photoirritation (phototoxicity) and
                                                      of adverse reactions or significant side                (§ 201.327(e) (21 CFR 201.327(e))).                   skin photosensitization
                                                      effects under adequate directions for use               Because the effects of UV exposure are                (photoallergenicity). General principles
                                                      and warnings against unsafe use as well                 cumulative, to obtain the maximum                     for designing and conducting
                                                      as low potential for harm which may                     benefit, users of broad spectrum                      photosafety studies are described in
                                                      result from abuse under conditions of                   sunscreens with an SPF value of 15 or                 FDA guidance (Ref. 1). Photosafety
                                                      widespread availability. Proof of safety                higher are directed to use such products              studies, like sensitization and irritation
                                                      shall consist of adequate tests by                      regularly—on a routine basis (id.). Given             studies, should be conducted using
                                                      methods reasonably applicable to show                   these conditions of use, our safety                   enzacamene 4 percent in an appropriate
                                                      the drug is safe under the prescribed,                  evaluation of an OTC sunscreen active                 test vehicle, the vehicle alone, and a
                                                      recommended, or suggested conditions                    ingredient such as enzacamene must                    negative control. In addition,
                                                      of use. This proof shall include results                consider both short-term safety concerns              phototoxicity studies should include at
                                                      of significant human experience during                  (such as skin sensitization/irritation and            least 30 evaluable subjects and
                                                      marketing. General recognition of safety                photosafety) and potential concerns                   photoallerginicity studies should
                                                      shall ordinarily be based upon                          related to long-term sunscreen use,                   include at least 45 evaluable subjects.
wreier-aviles on DSK5TPTVN1PROD with PROPOSALS




                                                      published studies which may be                          including potential systemic exposure
                                                                                                                                                                    Data Available for Enzacamene: Human
                                                                                                              via dermal absorption.
                                                                                                                 The purpose of the safety testing                  Irritation, Sensitization, and Photosafety
                                                      Rulemaking Record Respect Sunscreen Drug                                                                      Studies
                                                      Products for OTC, submitted on April 12, 1999           described in this section II is to
                                                      (1999 enzacamene submission); FDA–1978–N–               establish whether an OTC sunscreen                      We reviewed the submitted study
                                                      0018–0766, Citizen Petition (CP1), submitted on         product containing enzacamene and                     reports for human safety studies,
                                                      December 17, 1980; and Tracking number:
                                                      805596eb Legacy Doc. ID, SUP 5, ‘‘Supplement
                                                                                                              otherwise marketed under the                          including a skin irritation and
                                                      from Rona Pearle’’ SUP5, submitted on August 15,        conditions described in a final                       sensitization study of enzacamene 5
                                                      1985.                                                   sunscreen order and in accordance with                percent in 30 subjects (Note 3); skin


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                                                                          Federal Register / Vol. 80, No. 37 / Wednesday, February 25, 2015 / Proposed Rules                                          10029

                                                      irritation and sensitization study of                   potential safety signals. To ensure that              that these studies were conducted in the
                                                      enzacamene 5 percent in 10 subjects                     maximum penetration of enzacamene                     1980s and the limit of analytical
                                                      (Note 4); a photoirritation study of 4                  has taken place and chances of it being               detection for enzacamene was much
                                                      percent enzacamene in 5 subjects (Note                  detected are optimal, studies should                  higher than it is today.
                                                      5); and two photosensitization studies,                 continue until steady state is reached.                  A review of the published literature
                                                      one using 4 percent enzacamene in 5                       General information and                             identified more recent studies related to
                                                      subjects and the other using an                         recommendations on the design and                     the extent of absorption of enzacamene
                                                      unknown concentration in 25 subjects                    conduct of human pharmacokinetic                      in humans after dermal application. A
                                                      (Notes 6 and 7). Although these studies                 studies can be found in FDA guidance                  2004 article from Janjua et al. (Ref. 3)
                                                      suggest that enzacamene may not be a                    (Ref. 2). To support a GRAS                           reports on the absorption from a
                                                      primary irritant, sensitizer,                           determination for enzacamene (up to 4                 formulation containing 10 percent
                                                      photosensitizer, or photoirritant, each of              percent), such a study should be                      enzacamene and 2 other active
                                                      the submitted studies has limitations,                  conducted under maximal use                           sunscreen ingredients after whole body
                                                      such as inadequate sample size, lack of                 conditions using enzacamene 4 percent                 application for 4 days in 15 healthy
                                                      blinding, and lack of positive and                      in various vehicles, including vehicles               males and 17 postmenopausal females.
                                                      negative controls, that prevent us from                 that would be expected to enhance                     The article provides only summary
                                                      making definitive conclusions. In                       absorption. We encourage study                        bioavailability information but claims
                                                      addition, protocol information, such as                 sponsors to consult with us before                    that the maximum plasma
                                                      the inclusion and exclusion criteria                    conducting pharmacokinetic studies,                   concentrations were 20 milligrams (mg)/
                                                      used in subject selection, was not                      because the properties of enzacamene                  milliliter (mL) in both men and women
                                                      consistently provided.                                  bear on the optimal design.                           and that increasing plasma levels of
                                                         FDA concludes that the data                                                                                enzacamene and metabolites were seen,
                                                                                                              Data Available for Enzacamene: Human
                                                      submitted are not sufficient to assess the                                                                    suggesting the presence of
                                                                                                              Dermal Pharmacokinetic
                                                      dermal safety of enzacamene and                                                                               accumulation. It is noted that thyroid
                                                                                                              (Bioavailability) and Clinical
                                                      specifically its potential to cause                                                                           function was also assessed during this
                                                                                                              Pharmacology Studies
                                                      irritation, sensitization, photoirritation,                                                                   study, but results are confounded by the
                                                      or photoallergenicity. We recommend                        We reviewed three submitted reports                simultaneous application of three active
                                                      submission of additional data from                      of dermal absorption studies in humans                sunscreen ingredients. A 2006 article
                                                      human irritation, sensitization, and                    in which percutaneous absorption was                  from Shauer et al. (Ref. 4) includes in
                                                      photosafety studies to demonstrate that                 estimated using radiolabeled (14C)                    vivo pharmacokinetic data from six
                                                      an OTC sunscreen containing up to 4                     formulations of enzacamene. In one                    healthy volunteers exposed to 4 percent
                                                      percent enzacamene is not an irritant,                  study (Note 8) a 14C-labeled 5 percent                enzacamene applied over 90 percent
                                                      sensitizer, photosensitizer, or                         formulation of enzacamene was applied                 body surface area for a 12-hour period.
                                                      photoirritant.                                          to the lower arms of six volunteers for               The data are limited by the small
                                                                                                              6 hours, followed by a 3-day collection               number of subjects included; however,
                                                      2. Human Dermal Pharmacokinetic                         of urine and feces. Investigators                     there was gender-related difference
                                                      (Bioavailability) Studies                               reported that approximately 54.6                      observed in those males who had blood
                                                         Because sunscreens are topically                     percent of the 14C-activity applied to the            levels that were approximately twice
                                                      applied, another important safety                       skin was recovered. An average of 0.76                that of females. A 2008 article by Janjua
                                                      consideration for enzacamene for use in                 percent enzacamene was recovered in                   et al. contains a more complete analysis
                                                      sunscreens is whether dermal                            urine and 0.14 percent in the feces. In               of in vivo absorption for enzacamene in
                                                      application may result in skin                          a second study (Note 9), investigators                a 10 percent enzacamene formulation
                                                      penetration and systemic exposure to                    reported a total recovery of 98.2 percent             (Ref. 5). The levels of absorption were
                                                      enzacamene, and if so, to what extent.                  and 90.7 percent overall recovery of the              generally low but accumulation was
                                                      A well-designed and -conducted human                    14C-activity applied to the skin from two
                                                                                                                                                                    observed. However, the age of the
                                                      dermal pharmacokinetic study can be                     volunteers, respectively. The third study             females enrolled in the study was 2 to
                                                      expected to detect and quantify the                     report (Note 10) was similar to the                   3 times that of the males, confounding
                                                      presence of enzacamene and/or any                       previous two studies in terms of the                  the interpretation of age or gender
                                                      metabolites in blood or other bodily                    general design. Following the analysis                effects.
                                                      fluids that may have a bearing on safety,               of the data from the planned six                         Overall, the data available are
                                                      using recognized parameters such as                     volunteers, two more volunteers were                  incomplete for the assessment of human
                                                      bioavailability percentage, maximum                     enrolled to evaluate the low observed                 bioavailability (dermal absorption) of
                                                      plasma concentration (Cmax), time to                    recovery (54 to 69 percent) of the                    enzacamene. Accordingly, we request
                                                      maximum plasma concentration (Tmax),                    radiolabeled enzacamene. A different                  data from human pharmacokinetic
                                                      total area under the plasma                             recovery schema was applied to these                  studies to assess potential for and extent
                                                      concentration versus time curve (AUC),                  last two patients with satisfactory                   of systemic absorption. These studies
                                                      half-life, clearance, and volume of                     results in line with the previous studies.            should be performed under expected
                                                      distribution. This information can help                 As to the utility of the aggregate data,              maximal-use conditions with the
                                                      identify potential safety concerns and                  we cannot draw definitive conclusions                 proposed maximum concentration as
                                                      help determine whether an adequate                      regarding the dermal absorption of                    discussed previously.
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                                                      safety margin for sunscreens containing                 enzacamene based on these studies. The                   In addition to the bioavailability data
                                                      enzacamene exists. FDA recommends                       overall number of subjects was low, the               described previously, three reports of
                                                      that the pharmacokinetic studies                        studies were single-dose studies, a                   clinical pharmacology studies were
                                                      performed on enzacamene also collect                    limited surface area was exposed to the               submitted that evaluate the potential
                                                      additional safety-related data from                     formulation, the recovery of                          effect of enzacamene on thyroid
                                                      regularly scheduled physical                            radioactivity was variable, and finally               function. The first was a pilot study in
                                                      examinations, collection of vital signs,                no blood or other body fluids were                    which a 5 percent enzacamene
                                                      and other measures, which may help                      sampled to provide direct information                 formulation was applied twice, at 3-
                                                      capture adverse skin events or other                    about systemic exposure. We also note                 hour intervals, to the abdomen and back


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                                                      10030               Federal Register / Vol. 80, No. 37 / Wednesday, February 25, 2015 / Proposed Rules

                                                      of four adult subjects (two males and                   concentration up to 4 percent is safe for             and regulatory reporting requirements
                                                      two females) (Note 11). Subsequent                      use in finished cosmetic products for                 that differ from those in the United
                                                      increases in the thyroid analytes                       whole body application (Ref. 6). If, after            States, we nonetheless consider such
                                                      thyroid-stimulating hormone (TSH), T3,                  full review of nonclinical toxicology                 information to be strongly relevant both
                                                      and T4 were observed in some subjects.                  data (discussed in section I.B of this                to our overall GRASE assessment of
                                                      Blood and urine levels of enzacamene                    proposed order) and any additional                    enzacamene for use in sunscreens and
                                                      were reported to have been measured                     clinical data, concerns exist regarding               to our consideration of potential
                                                      but no data were reported. We consider                  enzacamene’s thyroid safety, we will                  product labeling. FDA recognizes that
                                                      the number of subjects in this study too                recommend that additional clinical                    such information may not be available
                                                      small to draw conclusions about the                     study be carried out. It is recommended               from all countries; where that is the
                                                      safety of enzacamene. In addition, there                that we be consulted regarding the study              case, please provide a written
                                                      were missing data and the report lacked                 protocols prior to commencement of                    explanation for the lack of data. Overall,
                                                      information about whether subjects’                     such investigations.                                  we seek sufficient data to characterize
                                                      thyroid analyte levels exceeded normal                                                                        enzacamene’s adverse event profile.3
                                                                                                              3. Human Safety Data To Establish
                                                      levels.
                                                         A second study evaluated the effect                  Adverse Event Profile                                 Data Available for Enzacamene: Human
                                                      on thyroid function of topical                             An evaluation of safety information                Safety Data To Establish Adverse Event
                                                      application of 5 percent enzacamene (6                  from adverse event reports and other                  Profile
                                                      grams (g) applied twice, at 3-hour                      safety-related information derived from                  The 1999 enzacamene submission
                                                      intervals) in nine healthy volunteers                   commercial marketing experience of                    states that no complaints from
                                                      (Note 12). This was a double-blind,                     sunscreen products containing                         customers concerning tolerance or
                                                      placebo-controlled, crossover design                    enzacamene, as well as from other                     adverse reactions had been reported for
                                                      study, and investigators reported that                  sources, is a critical aspect of FDA’s                enzacamene by the cosmetic industry
                                                      there was a statistically significant                   safety review for enzacamene. The TEA                 during the prior 10 years (Note 14). This
                                                      lowering of mean T3 and T4 values in                    regulation under which the original                   information was referred to in the 2002
                                                      the active treatment group at 24 hours                  request for enzacamene was submitted                  TEA submission and the 2003
                                                      after application. Although larger than                 specifically calls for submission of                  enzacamene data submission. The 1999
                                                      the pilot study, this is a small single-                information on all serious adverse drug               enzacamene submission also included a
                                                      dose study and the changes reported                     experiences, as defined in 21 CFR                     literature search for adverse reactions to
                                                      were small relative to placebo and were                 310.305(a) and 314.80(a), from each                   enzacamene from the following
                                                      of questionable clinical significance.                  country where the active ingredient or                databases: Medline (1966–1998),
                                                      Interpretation of the results is also                   other condition has been or is currently              Derwent Drug File (1983–1998), and
                                                      hampered by the fact that some analytes                 marketed as either a prescription or                  CCSearch (week 3 1998–week 48 1998)
                                                      (TSH and free T4) were below normal                     OTC drug; in addition, it calls for                   (Note 15). There were 17 articles
                                                      levels at baseline.                                     submission of all data generally                      reviewed which had been published or
                                                         A third study was a parallel-group,                  specified in § 330.10(a)(2), which                    translated into English. Of these, 10
                                                      placebo-controlled design in which 48                   includes documented case reports and                  articles describe contact dermatitis and
                                                      subjects received treatment with either                 identification of expected or frequently              resultant positive photopatch testing in
                                                      enzacamene (5 g of a 6 percent                          reported side effects (§ 330.14(f)(1) and             one or two patients. The 7 other articles
                                                      enzacamene formulation per dose) or                     (f)(2)). To evaluate enzacamene, FDA                  are literature or case series reviews of
                                                      placebo twice daily for 14 days (Note                   continues to seek individual adverse                  up to 400 patients, describing
                                                      13). According to the investigators, the                drug experience reports, a summary of                 dermatologic adverse reactions to
                                                      results of the study did not reveal any                 all serious adverse drug experiences,                 sunscreen use and subsequent
                                                      significant differences in thyroid                      and expected or frequently reported side              photopatch testing. On the whole, these
                                                      function tests between enzacamene and                   effects of the condition (id.). To assist in          reports suggest that enzacamene has the
                                                      placebo, although there was a small                     the Agency’s safety evaluation of                     potential to cause contact allergy and
                                                      between-group difference in thyroid                     enzacamene, FDA emphasizes our need                   photocontact allergy. However, data
                                                      volume gland decrease (a 1.7 percent                    for the following data:                               from this literature have limitations. In
                                                      reduction in the enzacamene arm and                        • A summary of all available reported              some cases, the testing methodology
                                                      an increase of 3.1 percent in the placebo               adverse events potentially associated                 used to determine that enzacamene is an
                                                      group). The quality of the study report                 with enzacamene;                                      allergen is not described. Also, some of
                                                      submitted is inadequate to be used to                      • All available documented case                    the test formulations used are not
                                                      verify the analyses, but no adverse                     reports of serious side effects                       described. It is conceivable that the
                                                      events of hypothyroidism or                                • Any available safety information                 observed reactions may have been
                                                      hyperthyroidism or abnormal thyroid                     from studies of the safety and                        specific to particular test formulations,
                                                      function tests were reported.                           effectiveness of enzacamene in humans;                including formulations containing other
                                                         The three clinical pharmacology                      and                                                   active ingredients.
                                                      studies submitted are insufficient either                  • Relevant medical literature                         The submitted information and
                                                      to substantiate or dismiss clinical                     describing adverse events associated                  literature do not fulfill the criteria
                                                      concerns related to potential thyroid                   with enzacamene. Submissions of                       described previously. To support the
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                                                      effects from enzacamene. We request                     adverse event data should also include                evaluation of safety of enzacamene for
                                                      submission of any additional clinical                   a description of how each country’s
                                                      thyroid function data or analyses that                  system identifies and collects adverse                  3 See 67 FR 3060 at 3069 (January 23, 2002)
                                                      have not yet been submitted to us,                      events, unless this information has been              (agreeing that the absence of an adverse experience
                                                      including any provided to the European                  previously submitted as part of                       reporting system in a foreign country for drugs or
                                                      Scientific Committee on Cosmetic                        enzacamene’s TEA package.                             cosmetics does not necessarily mean that a
                                                                                                                                                                    condition cannot be GRAS/E. The GRAS/E
                                                      Products and Nonfood Products                              Although we recognize that adverse                 determination will be based on the overall quality
                                                      (SCCNFP) to support its 2008                            event data from foreign marketing                     of the data and information presented to
                                                      conclusion that enzacamene at a                         experience may reflect patterns of use                substantiate safety and effectiveness).



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                                                                          Federal Register / Vol. 80, No. 37 / Wednesday, February 25, 2015 / Proposed Rules                                         10031

                                                      use in OTC sunscreens, we request that                       21)                                              weight in males; and increased uterine
                                                      the sponsor either supplement the data                     Æ Photosensitization (guinea pig)                  weight, decreased ovarian weight, and
                                                      already submitted, including more                            (Note 22)                                        altered sexual behavior in females.
                                                      recent adverse drug experience data, or                 • Repeat-dose toxicity studies                        Overall, we cannot arrive at a final
                                                      explain why such data cannot be                            Æ 17 days oral (rat) (Note 23)                     determination about the findings
                                                      provided.                                                  Æ 4 weeks oral (rat) (Note 24)                     described in the literature until we
                                                                                                                 Æ 13 weeks oral (rat) (Note 25)                    receive a complete nonclinical
                                                      B. Nonclinical (Animal) Studies
                                                                                                                 Æ Liver enzyme induction study (rat)               assessment as described in sections
                                                         Another important element of FDA’s                        (Note 26)                                        II.B.1 through II.B.3.
                                                      GRAS review of enzacamene for use in                    • Genotoxicity and mutagenicity assays                   We did not receive data from
                                                      sunscreens is an assessment of data                        Æ Chromosome aberration assay                      toxicokinetic or dermal or systemic
                                                      from nonclinical (animal) studies that                       (Chinese hamster V79 cells) (Note                carcinogenicity studies. Upon
                                                      characterize the potential long-term                         27)                                              assessment of all available information
                                                      dermal and systemic effects of exposure                    Æ Mutagenicity (Salmonella                         for enzacamene and based on the
                                                      to enzacamene. Even if the                                   typhimurium) (Note 28)                           nonclinical studies currently
                                                      bioavailability data discussed in section                  Æ Photomutagenicity (S.                            recommended to support sunscreen
                                                      II.A.2 suggest that dermal application is                    typhimurium, Escherichia coli)                   development, the following nonclinical
                                                      unlikely to result in skin penetration                       (Note 29)                                        studies are recommended to support the
                                                      and systemic exposure to enzacamene,                    • Reproductive and developmental                      safety of enzacamene:
                                                      FDA still considers data on the effects                      toxicity studies                                    • Dermal and systemic
                                                      of systemic exposure to be an important                    Æ Orienting tests for embryotoxicity               carcinogenicity
                                                      aspect of our safety evaluation of                           (rabbit) (Note 30)                                  • Fertility
                                                      enzacamene. A determination that                           Æ Toxicological investigation                         • Prenatal/postnatal toxicity
                                                      enzacamene up to 4 percent is GRASE                          (incubated hen’s egg) (Note 31)                     • Toxicokinetics
                                                      for use in sunscreens would permit its                     Æ Teratogenicity (rat) (Note 32)
                                                      use in as-yet-unknown product                                                                                    Additional discussion of study
                                                                                                                 Based on the submitted studies, acute              findings and data gaps are provided in
                                                      formulations, which might in turn alter                 toxicity was low. However, the standard
                                                      the skin penetration of the active                                                                            the following subsections.
                                                                                                              battery of tests detected findings that we
                                                      ingredient. Therefore, an understanding                 will consider further as additional data              1. Carcinogenicity Studies: Dermal and
                                                      of the effects of enzacamene, were                      become available to inform our GRAS                   Systemic
                                                      systemic exposure to occur, is critical to              assessment. Studies submitted by the                     FDA guidance recommends that
                                                      determine whether and how regulatory                    sponsor showed an increase in thyroid                 carcinogenicity studies be performed for
                                                      parameters can be defined to assure that                weight and changes in thyroid function                any pharmaceutical that is expected to
                                                      all conforming enzacamene-containing                    that included an increase in T3 and                   be clinically used continuously for at
                                                      sunscreens would be GRASE as labeled.                   TSH, along with a decrease in T4. Other               least 6 months or ‘‘repeatedly in an
                                                         FDA recommends animal testing of
                                                                                                              thyroid findings included follicular                  intermittent manner’’ (Refs. 26, 27, and
                                                      the potential long-term dermal and
                                                                                                              epithelium hypertrophy and                            28). Because the proposed use of
                                                      systemic effects of exposure to
                                                                                                              hyperplasia. A decrease in adrenal and                enzacamene in OTC sunscreens falls
                                                      enzacamene because these effects
                                                                                                              prostate weights, and alterations in                  within this category, these studies
                                                      cannot be easily assessed from previous
                                                                                                              ovarian weights (an increase was seen in              should be conducted to help establish
                                                      human use. Taken together, the
                                                                                                              some studies while decreased weight                   that enzacamene is GRAS for its
                                                      carcinogenicity studies, developmental
                                                                                                              was noted in others), was documented                  proposed use. Carcinogenicity studies
                                                      and reproductive toxicity studies, and
                                                                                                              with a no observed adverse effect level               assist in characterizing potential dermal
                                                      toxicokinetic studies described in
                                                                                                              (NOAEL) of 25–30 mg/kilograms (kg)/                   and systemic risks by identifying the
                                                      sections II.B.1 through II.B.3 should
                                                                                                              day (Note 33).                                        type of toxicity observed, the level of
                                                      provide the information needed to
                                                                                                                 To followup on these findings, we                  exposure at which toxicity occurs, and
                                                      characterize both the potential dermal
                                                                                                              identified published literature that                  the highest level of exposure at which
                                                      and systemic toxic effects and the levels
                                                                                                              describes related enzacamene activity. A              no adverse effects occur (i.e., NOAEL).
                                                      of exposure at which they occur. These
                                                                                                              number of these articles indicate that                The NOAEL would then be used in
                                                      data, when viewed in the context of
                                                                                                              exposure to enzacamene at high doses                  determining the safety margin for
                                                      human exposure data, can be used to
                                                                                                              has been associated with hormonal                     human exposure to sunscreens
                                                      determine a margin of safety for use of
                                                                                                              changes. Among the in vitro findings                  containing enzacamene.
                                                      enzacamene in OTC sunscreens.
                                                                                                              (Refs. 7 through 16), a number of articles               Systemic carcinogenicity studies can
                                                      Data Available for Enzacamene:                          described the in vitro binding activity of            also help to identify other systemic or
                                                      Nonclinical (Animal) Studies Generally                  enzacamene to estrogen (ER) and                       organ toxicities that may be associated
                                                        The enzacamene submissions                            androgen (AR) receptors where it was                  with enzacamene, such as hormonal
                                                      included data from the following types                  able to bind to ER+ but showed                        effects. For example, the effect of
                                                      of nonclinical safety studies:                          inconsistent binding activity at ERa                  persistent disruption of particular
                                                                                                              receptors. No androgenic activity and                 endocrine gland systems (e.g.,
                                                      • Acute-dose toxicity studies
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                                                        Æ Oral toxicity (rats, dogs) (Note 16)                mixed results for antiandrogenic activity             hypothalamic-pituitary-adrenal axis), if
                                                        Æ Dermal toxicity (rats) (Note 17)                    were also documented.                                 any, can be captured by these assays.
                                                        Æ Intraperitoneal toxicity (rats) (Note                  Other effects of enzacamene included
                                                                                                              in vivo alterations of reproductive                   Data Available for Enzacamene:
                                                          18)                                                                                                       Genotoxicity Studies
                                                        Æ Mucosal irritation (rabbits) (Note                  tissues and behavior in rats (Refs. 17
                                                          19)                                                 through 25). Findings include decreased                 Enzacamene showed no evidence of
                                                        Æ Skin irritation and sensitization                   testis weight; increased prostate volume              DNA mutations in one standard Ames
                                                          (guinea pigs) (Note 20)                             and altered duct development; delayed                 test. A chromosomal aberration assay
                                                        Æ Phototoxicity potential (mice) (Note                preputial separation; decreased prostate              using a Chinese hamster V79 cell line


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                                                      10032               Federal Register / Vol. 80, No. 37 / Wednesday, February 25, 2015 / Proposed Rules

                                                      and a photomutagenicity assay were                      not found to be teratogenic in any of the             clinical studies by qualified experts, and
                                                      negative. Although these studies                        treated groups. Additional DART testing               reports of significant human experience
                                                      somewhat ease concerns about potential                  is recommended to assess fertility and                during marketing. Isolated case reports,
                                                      genotoxicity and mutagenicity, they                     prenatal and postnatal development in a               random experience, and reports lacking
                                                      were not definitive evaluations of                      rodent model.                                         the details that permit scientific
                                                      potential toxic effects from long-term                                                                        evaluation will not be considered.
                                                                                                              3. Toxicokinetics (Ref. 30)
                                                      systemic or dermal exposure.                                                                                  General recognition of effectiveness
                                                                                                                 We recommend conducting animal                     shall ordinarily be based upon
                                                      Data Available for Enzacamene:                          toxicokinetic studies because they
                                                      Carcinogenicity Studies                                                                                       published studies which may be
                                                                                                              provide an important bridge between                   corroborated by unpublished studies
                                                        We did not receive dermal or systemic                 toxic levels seen in animal studies and               and other data (§ 330.10(a)(4)(ii)). For
                                                      carcinogenicity studies. Assessments of                 potential human exposure. Data from                   convenience, this order uses the term
                                                      both dermal and systemic                                these studies can be correlated to                    ‘‘generally recognized as effective’’
                                                      carcinogenicity are recommended                         potential human exposure via clinical                 (GRAE) when referring to this aspect of
                                                      because sunscreen products containing                   dermal pharmacokinetic study findings.                the GRASE determination.
                                                      enzacamene are expected to be applied                   Toxicokinetic data could be collected as                 To evaluate the efficacy of
                                                      over large portions of the body with                    part of animal studies being conducted                enzacamene for use in OTC sunscreen
                                                      multiple daily applications. In addition,               to assess one or more of the safety                   products, FDA requests evidence from
                                                      as discussed previously, marketing of                   parameters described previously.                      at least two adequate and well-
                                                      this product according to a final                                                                             controlled SPF studies showing that
                                                                                                              Data Available for Enzacamene:
                                                      sunscreen order might permit its                                                                              enzacamene effectively prevents
                                                                                                              Toxicokinetics
                                                      formulation in a variety of as-yet-                                                                           sunburn. To determine that enzacamene
                                                      unknown vehicles that might have an                        No toxicokinetic data were submitted
                                                                                                                                                                    is GRAE for use in OTC sunscreens at
                                                      impact on systemic absorption.                          as part of any of the nonclinical studies,
                                                                                                                                                                    concentrations in a range with the
                                                      Consequently, FDA seeks information                     thus it is difficult to bridge from animal
                                                                                                                                                                    proposed maximum strength of 4
                                                      on dermal and system carcinogenicity,                   findings to potential human exposure.
                                                                                                                                                                    percent as requested, two adequate and
                                                      in case of the possibility that systemic                Toxicokinetic data should be collected
                                                                                                                                                                    well-controlled SPF studies of
                                                      absorption could occur.                                 as part of the animal studies to allow
                                                                                                                                                                    enzacamene at a lower concentration
                                                                                                              exposure comparisons between animals
                                                      2. Developmental and Reproductive                                                                             should be conducted according to
                                                                                                              and humans.
                                                      Toxicity (DART) Studies (Ref. 29)                          Toxicokinetic data are particularly                established standards.4 These SPF
                                                         FDA recommends conducting DART                       important to the evaluation of                        studies should demonstrate that the
                                                      studies to evaluate the potential effects               enzacamene’s safety for use in                        selected concentration (below 4 percent)
                                                      that exposure to enzacamene may have                    sunscreens because enzacamene appears                 provides an SPF of 2 or more.
                                                      on developing offspring throughout                      to have the potential to affect some                     The current standard procedure for
                                                      gestation and postnatally until sexual                  endocrine-responsive endpoints. We                    SPF testing is described in FDA’s
                                                      maturation, as well as on the                           need toxicokinetic data to develop more               regulations in § 201.327(i).5 Further SPF
                                                      reproductive competence of sexually                     information about exposure parameters,                tests for enzacamene should be
                                                      mature male and female animals.                         in order to understand whether a margin               performed as described in these
                                                      Gestational and neonatal stages of                      of safety exists between the exposures                regulations, using a test formulation
                                                      development may also be particularly                    that cause the effects in animals and                 containing enzacamene as the only
                                                      sensitive to active ingredients with                    estimated human exposures. Should we                  active ingredient to identify its
                                                      hormonal activity. For this reason, we                  find, after review of a more complete                 contribution to the overall SPF test
                                                      recommend that these studies include                    nonclinical program, that additional                  results. (See the following subsection
                                                      assessments of endpoints such as                        clinical studies are warranted, we will               Data Available for Enzacamene:
                                                      vaginal patency, preputial separation,                  provide additional recommendations                    Effectiveness for further discussion of
                                                      anogenital distance, and nipple                         regarding the design of the studies.                  submitted SPF tests.) The study should
                                                      retention, which can be incorporated                                                                          also include a vehicle control arm in
                                                                                                              III. Effectiveness Data Considerations                order to rule out any contribution the
                                                      into traditional DART study designs to
                                                                                                              for OTC Sunscreen Products Containing                 vehicle may have on the SPF test
                                                      assess potential hormonal effects of
                                                                                                              Enzacamene                                            results. Finally, as described in
                                                      enzacamene on the developing
                                                      offspring. We also recommend                               FDA’s evaluation of the effectiveness              § 201.327(i), an SPF standard
                                                      conducting behavioral assessments (e.g.,                of active ingredients under                           formulation comparator arm should be
                                                      mating behavior) of offspring, which                    consideration for inclusion in an OTC                 another component of the study design.
                                                      may also detect neuroendocrine effects.                 drug monograph is governed by the                        Although current sunscreen testing
                                                                                                              following regulatory standard:                        and labeling regulations also specify a
                                                      Data Available for Enzacamene: DART                     Effectiveness means a reasonable                      ‘‘broad spectrum’’ testing procedure to
                                                      Studies                                                 expectation that, in a significant                    support related labeling claims for
                                                        Potential reproductive and                            proportion of the target population, the              certain OTC sunscreen products
                                                      developmental effects from enzacamene                   pharmacological effect of the drug,                   marketed without approved new drug
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                                                      were evaluated in two embryotoxicity                    when used under adequate directions
                                                                                                                                                                      4 The upper bound of any concentration of
                                                      studies and one teratogenicity study.                   for use and warnings against unsafe use,
                                                                                                                                                                    enzacamene ultimately established in the OTC
                                                      Enzacamene did not show evidence of                     will provide clinically significant relief            sunscreen monograph will be governed by the
                                                      embryotoxicity in a pilot rabbit test and               of the type claimed. Proof of efficacy                safety data, as well as by efficacy.
                                                      hen’s egg assay. In a teratogenicity study              shall consist of controlled clinical                    5 Although the SPF testing procedure is used

                                                      in rats with oral administration of single              investigations as defined in 21 CFR                   primarily for final formulation testing of finished
                                                                                                                                                                    products marketed without approved NDAs, under
                                                      daily doses of 10, 30, and 100 mg/kg of                 314.126(b). Investigations may be                     the sunscreen monograph, it is equally applicable
                                                      enzacamene administered on days 6 to                    corroborated by partially controlled or               for determining whether or not a sunscreen active
                                                      15 after conception, enzacamene was                     uncontrolled studies, documented                      ingredient is GRAE.



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                                                                          Federal Register / Vol. 80, No. 37 / Wednesday, February 25, 2015 / Proposed Rules                                          10033

                                                      applications that contain specified                     established at any of the concentrations                   effectiveness of sunscreen products
                                                      active ingredients included in the                      tested. In addition, none of these study                   containing enzacamene in humans
                                                      stayed sunscreen monograph, those                       reports specified the use of appropriate              4. Relevant medical literature describing
                                                      additional claims are permitted, but not                standard controls to validate the test                     adverse events associated with
                                                      required (§ 201.327(c)(2) and (j)). Under               results. Currently, there are insufficient                 enzacamene
                                                      current regulations, sunscreen active                   data to support a finding that                           Alternatively, the results of a
                                                      ingredients need only be effective for                  enzacamene is GRAE at concentrations                  literature search that found no reports of
                                                      the labeled indication of sunburn                       up to 4 percent.                                      adverse events may be provided. In that
                                                      prevention, for which the SPF test can                     To support a finding that enzacamene               case, detailed information on how the
                                                      provide sufficient evidence. Consistent                 is GRAE at concentrations up to 4                     search was conducted should be
                                                      with this approach, we here do not                      percent, we request data from two                     provided.
                                                      request broad spectrum testing data for                 adequate and well-controlled SPF                      C. Nonclinical (Animal) Studies
                                                      enzacamene. Broad spectrum protection                   studies conducted according to
                                                      is often, although not always, the result               established standards to demonstrate                  1. Dermal and systemic carcinogenicity
                                                      of the combined contribution of                         that the lowest selected concentration                     (see section II.B.1)
                                                      multiple active ingredients in a final                  provides an SPF of 2 or more. Because                 2. Fertility (see section II.B.2)
                                                      sunscreen formulation. Thus, under the                                                                        3. Prenatal/postnatal development (see
                                                                                                              no study has been identified that
                                                      current regulations applicable to other                                                                            section II.B.2)
                                                                                                              establishes that enzacamene is effective              4. Toxicokinetics (see section II.B.3)
                                                      sunscreens, the determination of                        at a concentration of 4 percent, we also
                                                      whether an individual sunscreen                                                                               • Effectiveness Data (see section III)
                                                                                                              recommend that such a study be                           In order for concentrations of
                                                      product may be labeled as broad                         conducted and submitted.
                                                      spectrum and bear the related additional                                                                      enzacamene up to 4 percent to be found
                                                      claims is made on a product-specific                    IV. Summary of Current Data Gaps for                  to be GRASE for use in nonprescription
                                                      basis, applying standard testing                        Enzacamene                                            sunscreen products as requested, at least
                                                      methods set forth in those regulations.                                                                       two SPF studies showing effectiveness
                                                                                                                 Based on our review of the available
                                                      If enzacamene is established to be                                                                            of a selected concentration lower than 4
                                                                                                              safety and efficacy data as discussed
                                                      GRASE for use in nonprescription                                                                              percent should be conducted. An
                                                                                                              previously, we request the types of data
                                                      sunscreens (based in part on the efficacy                                                                     efficacy study of enzacamene at 4
                                                                                                              listed in this section of the proposed
                                                      data requested here), the final order can                                                                     percent is also recommended.
                                                                                                              order, at minimum, for us to reverse our
                                                      likewise address broad-spectrum testing                 tentative determination that                          V. Administrative Procedures
                                                      and related labeling conditions for final               enzacamene is not GRASE and is
                                                      sunscreen formulations containing                                                                                A copy of this proposed order will be
                                                                                                              misbranded because the data are                       filed in the Division of Dockets
                                                      enzacamene.                                             insufficient to classify enzacamene as                Management in Docket Numbers FDA–
                                                      Data Available for Enzacamene:                          GRASE and not misbranded, and                         2003–N–0196, FDA–1978–N–0018, and
                                                      Effectiveness                                           additional data are necessary to allow us             FDA–1996–N–0006. To inform FDA’s
                                                                                                              to determine otherwise. For additional                evaluation of whether this ingredient is
                                                         A total of 11 efficacy studies were
                                                                                                              information about the purpose and                     GRASE and not misbranded for use in
                                                      submitted. Two studies, an in vitro
                                                                                                              design of studies recommended to                      sunscreen products, we encourage the
                                                      assessment and a field study, both dated
                                                                                                              address these data gaps, please refer to              sponsor and other interested parties to
                                                      from the 1970s, did not use study
                                                                                                              the earlier sections of this proposed                 submit additional data regarding the
                                                      designs that we consider valid for SPF
                                                                                                              order referenced in parentheses. We                   safety and effectiveness of this
                                                      assessment for a GRASE determination
                                                                                                              welcome discussions on design of any                  ingredient for use as an OTC sunscreen
                                                      (Docket No. 78N–0038, OTC Volume
                                                                                                              of the studies prior to their                         product. We also encourage the sponsor
                                                      060083, submitted December 18, 1973;
                                                                                                              commencement. We request the                          and other interested parties to notify us
                                                      Docket No. 78N–0038, OTC Volume
                                                                                                              following types of data:                              in writing of their intent to submit
                                                      060130, submitted November 1974). The
                                                      other nine studies all tested enzacamene                • Safety Data (see section II)                        additional data. However, as noted
                                                      as the only active ingredient. These                    A. Human Clinical Studies                             previously, because the data submitted
                                                      included two studies of 1.25 percent                                                                          to date are not sufficient to support a
                                                      enzacamene and three studies of 2.5                     1. Skin irritation/sensitization and                  determination that enzacamene is
                                                      percent enzacamene, concentrations                           photosafety (see section II.A.1)                 GRASE for use as an active ingredient
                                                      within the range found eligible for                     2. Human dermal pharmacokinetic                       in OTC sunscreen drug products, at
                                                      consideration of GRASE status in the                         (bioavailability) studies (see section           present, OTC sunscreen products
                                                      Agency’s 2003 eligibility determination,                     II.A.2)                                          containing enzacamene may not be
                                                      and three studies of 5 percent                             The need for additional human safety               marketed without approval of an NDA
                                                      enzacamene and one study of 10 percent                  studies (e.g., for evaluation of hormonal             (see section 586C(e)(1)(A) of the FD&C
                                                      enzacamene, concentrations above the                    disruption) will be based on review of                Act, as amended by the SIA). Data
                                                      maximum established to be eligible for                  the completed nonclinical studies, as                 submissions relating to this proposed
                                                      consideration, which studies we do not                  recommended in section IV.C.                          order should be submitted to Docket
                                                      further address in this proposed order.                                                                       Numbers FDA–2003–N–0196, FDA–
                                                                                                              B. Human Safety Data To Establish
wreier-aviles on DSK5TPTVN1PROD with PROPOSALS




                                                      (FDA–1978–N–0018–0766, Citizen                                                                                1978–N–0018, and FDA–1996–N–0006
                                                                                                              Adverse Event Profile (II.A.3)
                                                      Petition (CP1), submitted December 17,                                                                        at the Division of Dockets Management
                                                      1980.) In each of the five studies                      1. A summary of all available reported                (see ADDRESSES). In addition, you can
                                                      addressing enzacamene at                                    adverse events potentially                        submit the data through the Federal
                                                      concentrations of 1.25 percent and 2.5                      associated with enzacamene                        eRulemaking Portal at: http://
                                                      percent, enzacamene achieved a mean                     2. All available documented case reports              www.regulations.gov. Follow the
                                                      SPF of 2, but there is substantial                          of serious side effects                           instructions for submitting comments.
                                                      variability in the data and it cannot be                3. Any available safety information from                 Section 586C(b)(7) of the FD&C Act,
                                                      confirmed that that efficacy was                            studies of the safety and                         as amended by the SIA, provides that


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                                                      10034               Federal Register / Vol. 80, No. 37 / Wednesday, February 25, 2015 / Proposed Rules

                                                      the sponsor may, within 30 days of                         8. FDA–1978–N–0018–0759 (Sup 25),                  IX. References
                                                      publication of a proposed order (see                    Volume 2, Report 14, dated November
                                                      DATES), submit a request to FDA for a                   29, 1982.                                                The following references have been
                                                      meeting to discuss the proposed order.                     9. FDA–1978–N–0018–0759 (Sup 25),                  placed on display in the Division of
                                                      Submit meeting requests electronically                  Volume 2, Report 15, dated July 17,                   Dockets Management (see ADDRESSES)
                                                      to http://www.regulations.gov or in                     1984.                                                 and may be seen by interested persons
                                                      writing to the Division of Dockets                         10. FDA–1978–N–0018–0760 (Sup                      between 9 a.m. and 4 p.m., Monday
                                                      Management (see ADDRESSES), identified                  26), Volume 3, Report 16, dated July 8,               through Friday, and are available
                                                      with the active ingredient name                         1984.                                                 electronically at http://
                                                      enzacamene, the docket numbers found                       11. FDA–1978–N–0018–0760 (Sup                      www.regulations.gov. (FDA has verified
                                                      in brackets in the heading of this                      26), Volume 3, Report 19, dated August                the Web site addresses in this reference
                                                      proposed order, and the heading                         1, 1981.                                              section, but FDA is not responsible for
                                                      ‘‘Sponsor Meeting Request.’’ To                            12. FDA–1978–N–0018–0760 (Sup                      any subsequent changes to the Web sites
                                                      facilitate your request, please also send               26), Volume 3, Report 18, dated July 2,               after this document publishes in the
                                                      a copy to Kristen Hardin (see FOR                       1982.                                                 Federal Register.)
                                                      FURTHER INFORMATION CONTACT).
                                                                                                                 13. FDA–1978–N–0018–0762 (Sup                      1. FDA, Guidance for industry, ‘‘Photosafety
                                                                                                              28), Volume 5, Report 29, Study no. 43/                    Testing,’’ May 2003 (available at http://
                                                      VI. Proposed Effective Date                             20792, dated October 18, 1995.                             www.fda.gov/downloads/Drugs/
                                                        FDA proposes that any final                              14. FDA–1978–N–0018–0754 (Sup                           GuidanceComplianceRegulatory
                                                      administrative order based on this                      24), dated April 12, 1999.                                 Information/Guidances/ucm079252.pdf).
                                                      proposal become effective on the date of                   15. FDA–1978–N–0018–0755 (Sup                      2. FDA, Guidance for Industry, ‘‘Guideline
                                                      publication of the final order in the                   24), Attachment 1, dated April 12, 1999.                   for the Format and Content of the Human
                                                                                                                 16. FDA–1978–N–0018–0758 (Sup                           Pharmacokinetics and Bioavailability
                                                      Federal Register.                                                                                                  Section of an Application,’’ February
                                                                                                              24), Volume 1, Reports 1, 2, 3 and 4,
                                                      VII. Comments                                           Study no. 4/83/71, 4/130/73, 4/131/73,                     1987 (available at http://www.fda.gov/
                                                                                                              4/52/80.                                                   downloads/drugs/GuidanceCompliance
                                                        Similarly, section 586C(b)(6) of the                                                                             RegulatoryInformation/Guidances/
                                                      FD&C Act, as amended by the SIA,                           17. FDA–1978–N–0018–0758 (Sup
                                                                                                                                                                         ucm072112.pdf).
                                                      establishes that a proposed sunscreen                   24), Volume 1, Reports 2 and 3, Study                 3. Janjua, N.R., et al., ‘‘Systemic Absorption
                                                      order shall provide 45 days for public                  no. 4/130/73 and 4/131/73.                                 of the Sunscreens Benzophenone-3,
                                                      comment. Interested persons wishing to                     18. Id.                                                 Octyl-Methoxycinnamate, and 3-(4-
                                                                                                                 19. Id.                                                 Methyl-Benzylidene) Camphor After
                                                      comment on this proposed order may                         20. Id.
                                                      submit either electronic comments to                                                                               Whole Body Topical Application and
                                                                                                                 21. FDA–1978–N–0018–0759 (Sup                           Reproductive Hormone Levels in
                                                      http://www.regulations.gov or written                   25), Volume 2, Report 8, dated October                     Humans.’’ Journal of Investigative
                                                      comments to the Division of Dockets                     16, 1978.                                                  Dermatology, vol. 123, pp. 57–61, 2004.
                                                      Management (see ADDRESSES). It is only                     22. FDA–1978–N–0018–0759 (Sup                      4. Schauer, U.M., et al., ‘‘Kinetics of 3-
                                                      necessary to send one set of comments.                  25), Volume 2, Report 9, dated October                     (methylbenzlidene) Camphor in Rats and
                                                      Identify comments with the active                       16, 1978.                                                  Humans After Dermal Application.’’
                                                      ingredient name (enzacamene) and the                       23. FDA–1978–N–0018–0758 (Sup                           Toxicology and Applied Pharmacology,
                                                      docket numbers found in brackets in the                 24), Volume 1, Report 5, dated May 5,                      vol. 216(2), pp. 339–346, 2006.
                                                      heading of this proposed order.                                                                               5. Janjua, N.R., et al., ‘‘Sunscreens in Human
                                                                                                              1983.                                                      Plasma and Urine After Repeated Whole-
                                                      Received comments on this proposed                         24. Id.                                                 Body Topical Application.’’ Journal of
                                                      order may be seen in the Division of                       25. FDA–1978–N–0018–0759 (Sup                           the European Academy of Dermatology
                                                      Dockets Management between 9 a.m.                       25), Volume 2, Report 7, dated April 26,                   and Venereology, vol. 22, pp. 456–461,
                                                      and 4 p.m., Monday through Friday, and                  1984.                                                      2008.
                                                      will be posted to the docket at http://                    26. FDA–1978–N–0018–0760 (Sup                      6. Scientific Committee on Consumer
                                                      www.regulations.gov.                                    26), Volume 3, Report 17, dated May 1,                     Products (SCCP)/1184/08—SCCNFP
                                                                                                              1984.                                                      opinion on 4-Methylbenzylidene
                                                      VIII. Notes                                                27. FDA–1978–N–0018–0760 (Sup                           camphor (4–MBC) Colipa n° S60 adopted
                                                         1. FDA–2003–N–0196–0056, Time                        26), Volume 3, Report 22, Study no.                        during the 16th plenary meeting of June
                                                      and Extent Application (TEA) Request                    LMP166, dated April 25, 1986.                              24, 2008 (available at http://
                                                      to Reopen the Rulemaking Record;                           28. FDA–1978–N–0018–0759 (Sup                           ec.europa.eu/health/ph_risk/
                                                                                                                                                                         committees/04_sccp/docs/sccp_o_
                                                      submitted August 21, 2002.                              25), Volume 2, Report 13, Study no. 4/
                                                                                                                                                                         141.pdf).
                                                         2. FDA–2003–N–0196–0028, C1,                         56/80, dated June 2, 1980.                            7. Jiménez-Dı́az, I., et al., ‘‘Simultaneous
                                                      dated October 9, 2003.                                     29. FDA–1978–N–0018–0761 (Sup                           Determination of the UV-Filters Benzyl
                                                         3. FDA–1978–N–0018–0759 (Sup 25),                    27), Volume 4, Report 28, Study no. 40/                    Salicylate, Phenyl Salicylate, Octyl
                                                      Volume 2, Report 10, dated November                     13/93, dated April 14, 1993.                               Salicylate, Homosalate, 3-(4-
                                                      27, 1972.                                                  30. FDA–1978–N–0018–0760 (Sup                           Methylbenzylidene) Camphor and 3-
                                                         4. FDA–1978–N–0018–0760 (Sup 26),                    26), Volume 3, Report 23, Study no. 4/                     Benzylidene Camphor in Human
                                                      Volume 3, Report 20, dated September                    20/84, Experiment No. T9207.                               Placental Tissue by LC–MS/MS.
                                                      8, 1982.                                                   31. FDA–1978–N–0018–0761 (Sup                           Assessment of Their In Vitro Endocrine
wreier-aviles on DSK5TPTVN1PROD with PROPOSALS




                                                         5. FDA–1978–N–0018–0759 (Sup 25),                    27), Volume 4, Report 24 and 25, dated                     Activity.’’ Journal of Chromatography. B,
                                                      Volume 2, Report 11, dated February 20,                 October 23, 1987, and October 26, 1987.                    Analytical Technologies in the
                                                      1980.                                                      32. FDA–1978–N–0018–0761 (Sup                           Biomedical and Life Sciences, vol. 936,
                                                                                                                                                                         pp. 80–87, 2013.
                                                         6. FDA–1978–N–0018–0759 (Sup 25),                    27), Volume 4, Report 26, Study no. 4/                8. Gomez, E., et al., ‘‘Estrogenic Activity of
                                                      Volume 2, Report 12, dated February 20,                 43/88, Experiment No. T9305, dated                         Cosmetic Components in Reporter Cell
                                                      1980.                                                   September 14, 1983.                                        Lines: Parabens, UV Screens and
                                                         7. FDA–1978–N–0018–0760 (Sup 26),                       33. FDA–1978–N–0018–0759 (Sup                           Musks.’’ Journal of Toxicology and
                                                      Volume 3, Report 21, dated June 5,                      25), Volume 2, Report 7, dated April 26,                   Environmental Health, Part A, vol. 68,
                                                      1985.                                                   1984.                                                      pp. 239–251, 2005.



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                                                                          Federal Register / Vol. 80, No. 37 / Wednesday, February 25, 2015 / Proposed Rules                                         10035

                                                      9. Ma, R., et al., ‘‘UV Filters With                         Endocrine Disrupters: Developmental              DEPARTMENT OF HEALTH AND
                                                           Antagonistic Action at Androgen                         Exposure of Rats to 4-Methylbenzylidene          HUMAN SERVICES
                                                           Receptors in the MDA–kb2 Cell                           Camphor.’’ Toxicology and Applied
                                                           Transcriptional-Activation Assay.’’                     Pharmacology, vol. 218(2), pp. 152–165,          Food and Drug Administration
                                                           Toxicological Sciences, vol. 74(1), pp.                 2007.
                                                           43–50, 2003.                                       22. Maerkel, K., et al., ‘‘Sex- and Region-
                                                      10. Mueller, S.O., et al., ‘‘Activation of                   Specific Alterations of Progesterone             21 CFR Part 310
                                                           Estrogen Receptor Alpha and ERbeta by                   Receptor mRNA Levels and Estrogen
                                                                                                                                                                    [Docket No. FDA–2008–N–0474]
                                                           4-Methylbenzylidene-Camphor in                          Sensitivity in Rat Brain Following
                                                           Human and Rat Cells: Comparison With                    Developmental Exposure to the
                                                                                                                   Estrogenic UV Filter 4-
                                                                                                                                                                    Over-the-Counter Sunscreen Drug
                                                           Phyto- and Xenoestrogens.’’ Toxicology
                                                           Letters, vol. 142(1–2), pp. 89–101, 2003.               Methylbenzylidene Camphor.’’                     Products—Regulatory Status of
                                                      11. Schlumpf, M., et al., ‘‘Estrogenic Activity              Environmental Toxicology and                     Ecamsule
                                                           and Estrogen Receptor Beta Binding of                   Pharmacology, vol. 19(3), pp. 761–765,
                                                                                                                   2005.                                            AGENCY:    Food and Drug Administration,
                                                           the UV Filter 3-Benzylidene Camphor.
                                                           Comparison With 4-Methylbenzylidene                23. Schlumpf, M., et al., ‘‘In Vitro and In           HHS.
                                                           Camphor.’’ Toxicology, vol. 199(2–3), pp.               Vivo Estrogenicity of UV Screens.’’                    Proposed order; request for
                                                                                                                                                                    ACTION:
                                                           109–120, 2004.                                          Environmental Health Perspectives, vol.          comments.
                                                      12. Schmutzler, C., et al., ‘‘Endocrine                      109(3), pp. 239–244, 2001. Erratum in:
                                                           Disruptors and the Thyroid Gland—A                      Environmental Health Perspectives, vol.          SUMMARY:   The Food and Drug
                                                           Combined In Vitro and In Vivo Analysis                  109(11), p. A517, 2001.                          Administration (FDA or the Agency) is
                                                           of Potential New Biomarkers.’’                     24. Schlumpf, M., et al., ‘‘Estrogenic Activity
                                                                                                                                                                    issuing a proposed sunscreen order
                                                           Environmental Health Perspectives, vol.                 and Estrogen Receptor Beta Binding of
                                                                                                                   the UV Filter 3-Benzylidene Camphor.             (proposed order) under the Federal
                                                           115 (Supplement 1), pp. 77–83, 2007.
                                                                                                                   Comparison With 4-Methylbenzylidene              Food, Drug, and Cosmetic Act (the
                                                      13. Schreurs, R., et al., ‘‘Estrogenic Activity
                                                           of UV Filters Determined by an In Vitro                 Camphor.’’ Toxicology, vol. 199(2–3), pp.        FD&C Act), as amended by the
                                                           Reporter Gene Assay and an In Vivo                      109–120, 2004.                                   Sunscreen Innovation Act (SIA). The
                                                           Transgenic Zebrafish Assay.’’ Archives of          25. Schlumpf, M., et al. ‘‘Endocrine Activity         proposed order announces FDA’s
                                                           Toxicology, vol. 76, pp. 257–261, 2002.                 and Developmental Toxicity of Cosmetic           tentative determination that ecamsule
                                                      14. Seidlová-Wuttke, D., et al., ‘‘Comparison               UV Filters—An Update.’’ Toxicology,              (also known as terephthalylidene
                                                           of Effects of Estradiol With Those of                   vol. 205(1–2), pp. 113–122, 2004.
                                                                                                              26. International Conference on                       dicamphor sulfonic acid) at
                                                           Octylmethoxycinnamate and 4-                                                                             concentrations up to 10 percent is not
                                                                                                                   Harmonization (ICH), Guidance for
                                                           Methylbenzylidene Camphor on Fat                                                                         generally recognized as safe and
                                                                                                                   Industry, ‘‘The Need for Long Term
                                                           Tissue, Lipids and Pituitary Hormones.’’
                                                                                                                   Rodent Carcinogenicity Studies of                effective (GRASE) and is misbranded
                                                           Toxicology and Applied Pharmacology,
                                                                                                                   Pharmaceuticals S1A,’’ March 1996                when used in over-the-counter (OTC)
                                                           vol. 214(1), pp. 1–7, 2006.                             (available at http://www.fda.gov/
                                                      15. S<eborg, T., et al., ‘‘Risk Assessment of                                                                 sunscreen products because the
                                                                                                                   downloads/Drugs/GuidanceCompliance               currently available data are insufficient
                                                           Topically Applied Products.’’                           RegulatoryInformation/Guidance/
                                                           Toxicology, vol. 236(1–2), pp. 140–148,                 UCM074911.pdf).
                                                                                                                                                                    to classify it as GRASE and not
                                                           2007.                                              27. ICH, Guidance for Industry, ‘‘S1B Testing         misbranded, and additional information
                                                      16. Tinwell, H., et al., ‘‘Confirmation of                   for Carcinogenicity of Pharmaceuticals,’’        is needed to allow us to determine
                                                           Uterotrophic Activity of 3-(4-                          July 1997 (available at http://                  otherwise.
                                                           Methylbenzylidine) Camphor in the                       www.fda.gov/downloads/Drugs/
                                                           Immature Rat.’’ Environmental Health                    GuidanceComplianceRegulatory
                                                                                                                                                                    DATES: Submit either electronic or
                                                           Perspectives, vol. 110(5), pp. 533–536,                 Information/Guidances/                           written comments on this proposed
                                                           2002.                                                   UCM074916.pdf).                                  order by April 13, 2015. Sponsors may
                                                      17. Durrer, S., et al., ‘‘Estrogen Sensitivity of       28. ICH, ‘‘S1C(R2) Dose Selection for                 submit written requests for a meeting
                                                           Target Genes and Expression of Nuclear                  Carcinogenicity Studies of                       with FDA to discuss this proposed order
                                                           Receptor Co-Regulators in Rat Prostate                  Pharmaceuticals SIC(R2)’’ (Revision 1),          by March 27, 2015. See section VI for
                                                           After Pre- and Postnatal Exposure to the                September 2008 (available at http://             the proposed effective date of a final
                                                           Ultraviolet Filter 4-Methylbenzylidene                  www.fda.gov/downloads/Drugs/
                                                           Camphor.’’ Environmental Health                                                                          order based on this proposed order.
                                                                                                                   GuidanceComplianceRegulatory
                                                           Perspectives, vol. 115 (Supplement 1),                  Information/Guidances/                           ADDRESSES: You may submit comments
                                                           pp. 42–50, 2007.                                        UCM074919.pdf).                                  by any of the following methods:
                                                      18. Durrer, S., et al., ‘‘Estrogen Target Gene          29. ICH Harmonized Tripartite Guideline for
                                                           Regulation and Coactivator Expression in                Industry, ‘‘Detection of Toxicity to             Electronic Submissions
                                                           Rat Uterus After Developmental                          Reproduction for Medicinal Products &              Submit electronic comments in the
                                                           Exposure to the Ultraviolet Filter 4-                   Toxicity to Male Fertility S5(R2),’’ 2005        following way:
                                                           Methylbenzylidene Camphor.’’                            (available at http://www.ich.org/
                                                                                                                   fileadmin/Public_Web_Site/ICH_                     • Federal eRulemaking Portal: http://
                                                           Endocrinology, vol. 146(5), pp. 2130–
                                                           2139, 2005.                                             Products/Guidelines/Safety/S5_R2/                www.regulations.gov. Follow the
                                                      19. Faass, O., et al., ‘‘Female Sexual                       Step4/S5_R2__Guideline.pdf).                     instructions for submitting comments.
                                                           Behavior, Estrous Cycle and Gene                   30. ICH, Guideline for Industry,
                                                                                                                   ‘‘Toxicokinetics: The Assessment of
                                                                                                                                                                    Written Submissions
                                                           Expression in Sexually Dimorphic Brain
                                                           Regions After Pre- and Postnatal                        Systemic Exposure in Toxicity Studies              Submit written submissions in the
                                                           Exposure to Endocrine Active UV                         S3A,’’ March 1995 (available at http://          following ways:
wreier-aviles on DSK5TPTVN1PROD with PROPOSALS




                                                           Filters.’’ Neurotoxicology, vol. 30(2), pp.             www.fda.gov/downloads/Drugs/                       • Mail/Hand delivery/Courier (for
                                                           249–260, 2009.                                          GuidanceComplianceRegulatory
                                                                                                                   Information/Guidances/
                                                                                                                                                                    paper submissions): Division of Dockets
                                                      20. Hofkamp, L., et al., ‘‘Region-Specific                                                                    Management (HFA–305), Food and Drug
                                                           Growth Effects in the Developing Rat                    UCM074937.pdf).
                                                                                                                                                                    Administration, 5630 Fishers Lane, rm.
                                                           Prostate Following Fetal Exposure to                 Dated: February 20, 2015.
                                                           Estrogenic Ultraviolet Filters.’’                                                                        1061, Rockville, MD 20852.
                                                                                                              Leslie Kux,                                             Instructions: All submissions received
                                                           Environmental Health Perspectives, vol.
                                                           116(7), pp. 867–872, 2008.                         Associate Commissioner for Policy.                    must clearly identify the specific active
                                                      21. Maerkel, K., et al., ‘‘Sexually Dimorphic           [FR Doc. 2015–03884 Filed 2–24–15; 8:45 am]           ingredient (ecamsule) and the Docket
                                                           Gene Regulation in Brain as a Target for           BILLING CODE 4164–01–P                                No. FDA–2008–N–1474 for this


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Document Created: 2015-12-18 13:08:32
Document Modified: 2015-12-18 13:08:32
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionProposed Rules
ActionProposed order; request for comments.
DatesSubmit either electronic or written comments on this proposed order by April 13, 2015. Sponsors may submit written requests for a meeting with FDA to discuss this proposed order by March 27, 2015. See section VI for the proposed effective date of a final order based on this proposed order.
ContactKristen Hardin, Division of Nonprescription Drug Products, Center for Drug Evaluation and Research, Food and Drug Administration, 10903 New Hampshire Ave., Bldg. 22, Rm. 5491, Silver Spring, MD 20993-0002, 240-402-4246.
FR Citation80 FR 10026 

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