80_FR_16386 80 FR 16327 - Homeopathic Product Regulation: Evaluating the Food and Drug Administration's Regulatory Framework After a Quarter-Century; Public Hearing

80 FR 16327 - Homeopathic Product Regulation: Evaluating the Food and Drug Administration's Regulatory Framework After a Quarter-Century; Public Hearing

DEPARTMENT OF HEALTH AND HUMAN SERVICES
Food and Drug Administration

Federal Register Volume 80, Issue 59 (March 27, 2015)

Page Range16327-16329
FR Document2015-07018

The Food and Drug Administration (FDA) is announcing a public hearing to obtain information and comments from stakeholders about the current use of human drug and biological products labeled as homeopathic, as well as the Agency's regulatory framework for such products. These products include prescription drugs and biological products labeled as homeopathic and over-the-counter (OTC) drugs labeled as homeopathic. FDA is seeking participants for the public hearing and written comments from all interested parties, including, but not limited to, consumers, patients, caregivers, health care professionals, patient groups, and industry. FDA is seeking input on a number of specific questions, but is interested in any other pertinent information participants would like to share.

Federal Register, Volume 80 Issue 59 (Friday, March 27, 2015)
[Federal Register Volume 80, Number 59 (Friday, March 27, 2015)]
[Proposed Rules]
[Pages 16327-16329]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-07018]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

21 CFR Part 15

[Docket No. FDA-2015-N-0540]


Homeopathic Product Regulation: Evaluating the Food and Drug 
Administration's Regulatory Framework After a Quarter-Century; Public 
Hearing

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice of public hearing; request for comments.

-----------------------------------------------------------------------

SUMMARY: The Food and Drug Administration (FDA) is announcing a public 
hearing to obtain information and comments from stakeholders about the 
current use of human drug and biological products labeled as 
homeopathic, as well as the Agency's regulatory framework for such 
products. These products include prescription drugs and biological 
products labeled as homeopathic and over-the-counter (OTC) drugs 
labeled as homeopathic. FDA is seeking participants for the public 
hearing and written comments from all interested parties, including, 
but not limited to, consumers, patients, caregivers, health care 
professionals, patient groups, and industry. FDA is seeking input on a 
number of specific questions, but is interested in any other pertinent 
information participants would like to share.

DATES: The public hearing will be held on April 20 and 21, 2015, from 9 
a.m. to 4 p.m. The meeting may be extended or may end early depending 
on the level of public participation. Register to attend or provide 
oral testimony at the hearing by April 13, 2015. See Registration and 
Request to Provide Oral Testimony for information on how to register or 
make an oral presentation at the hearing. Written or electronic 
comments will be accepted until June 22, 2015.

ADDRESSES: The public hearing will be held at FDA's White Oak Campus, 
10903 New Hampshire Ave., Bldg. 31, rm. 1503A, Silver Spring, MD, 
20993-0002. Participants must enter through Building 1 and undergo 
security screening. For parking and security information, please refer 
to http://www.fda.gov/AboutFDA/WorkingatFDA/BuildingsandFacilities/WhiteOakCampusInformation/ucm241740.htm.

FOR FURTHER INFORMATION CONTACT: Lesley DeRenzo, Center for Drug 
Evaluation and Research, Food and Drug Administration, 10903 New 
Hampshire Ave., Silver Spring, MD 20903-0002, 240-402-4612, FAX: 301-
847-8747, [email protected]; or Cynthia Ng, Center for Drug 
Evaluation and Research, 10903 New Hampshire Ave., Silver Spring, MD 
20903-0002, 301-796-7512, FAX: 301-847-8747, [email protected]
    Registration and Request to Provide Oral Testimony: The public 
hearing is free and seating will be on a first-come, first-served 
basis. If you wish to attend or make an oral presentation, see section 
III (Attendance and/or Participation in the Public Hearing) for 
information on how to register and the deadline for registration. If 
you cannot attend in person, information about how you can access a 
live Webcast will be located at https://collaboration.fda.gov/hprapril2015/.
    Comments and Transcripts: You may submit either electronic comments 
regarding this document to http://www.regulations.gov or written 
comments to the Division of Dockets Management (HFA-305), Food and Drug 
Administration, 5630 Fishers Lane, rm. 1061, Rockville, MD 20852. You 
should annotate and organize your comments to identify the specific 
questions or topic to which they refer. It is only necessary to send 
one set of comments. Please identify your comments with the docket 
number found in brackets in the heading of this document. Received 
comments 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.
    Transcripts of the hearing will be available for review at the 
Division of Dockets Management and at http://www.regulations.gov 
approximately 45 days after the hearing. You may submit a request to 
obtain a hard copy or CD-ROM transcript. Send your request to the 
Division of Freedom of Information (ELEM-1029), Office of Management 
Programs, Food and Drug Administration, 12420 Parklawn Dr., Element 
Bldg., Rockville, MD 20857.

SUPPLEMENTARY INFORMATION: FDA is evaluating its current enforcement 
policies for drug products labeled as homeopathic from scientific, 
risk, and process perspectives. The Agency is now soliciting opinions 
about whether and how to adjust the current enforcement policies to 
reflect changes in the homeopathic product marketplace over the last 
approximately 25 years.

[[Page 16328]]

I. Background

A. Homeopathic Products and the Federal Food, Drug, and Cosmetic Act

    The definition of a ``drug'' under the Federal Food, Drug, and 
Cosmetic Act (FD&C Act) includes: (1) Articles recognized in the 
official United States Pharmacopoeia (USP), official Homoeopathic 
Pharmacopoeia of the United States (HPUS); (2) articles intended for 
use in the diagnosis, cure, mitigation, treatment, or prevention of 
disease in man or other animals; and (3) articles (other than food) 
intended to affect the structure or any function of the body of man or 
other animals. See section 201(g)(1)(A) to (C) of the FD&C Act (21 
U.S.C. 321(g)(1)(A) to(C)). Accordingly, an article that meets this 
definition of a ``drug'' is subject to regulation under the FD&C Act, 
regardless of whether it is labeled as homeopathic. An article that 
also meets the definition of a ``biological product'' (as defined in 
section 351(i) of the Public Health Service Act (PHS Act) (42 U.S.C 
262(i))) is subject to regulation under both the FD&C Act and the PHS 
Act.
    The FD&C Act recognizes the HPUS, along with the USP, as an 
official compendium. See section 201(j) of the FD&C Act. The HPUS is 
produced by a non-governmental organization known as the Homeopathic 
Pharmacop[oelig]ia Convention of the United States (HPCUS) and has been 
in continuous publication since 1897 (Ref. 1). The HPCUS determines 
which ingredients, including permissible potency levels, are officially 
monographed homeopathic ingredients. To date, there are over 1200 
officially monographed ingredients in the HPUS. Since 2004, the HPCUS 
has added over 500 new ingredient monographs. The standards set forth 
in the HPUS and the USP affect the naming, quality, and labeling of 
drug products. See e.g., sections 501(b) and 502(g) of the FD&C Act (21 
U.S.C. 351(b) and 352(g)).
    Nothing in the FD&C Act exempts drugs labeled as homeopathic from 
any of the requirements related to approval, adulteration, and 
misbranding, including labeling requirements. If a drug labeled as 
homeopathic is a new drug under the FD&C Act, it is subject to the same 
premarket approval requirements and the same standards for safety and 
efficacy as all new drugs. A new drug is defined, in part, as any drug 
that is not generally recognized, among experts qualified by scientific 
training and experience to evaluate the safety and effectiveness of 
drugs, as safe and effective for use under the condition prescribed, 
recommended, or suggested in the labeling thereof. See section 201(p) 
of the FD&C Act).

B. Homeopathic Drugs and the OTC Drug Review

    In 1972, FDA initiated rulemaking procedures (the OTC Drug Review) 
to determine which OTC drugs are generally recognized among qualified 
experts as safe and effective and not misbranded under prescribed, 
recommended, or suggested conditions of use. See ``Procedures for 
Classification of Over-the-Counter Drugs'' (37 FR 9464, May 11, 1972). 
FDA deferred review of drugs labeled as homeopathic due to the 
uniqueness of homeopathic medicine and stated that FDA would review 
them as a separate category at a later time (37 FR 9464 at 9466). To 
date, FDA has not reviewed this class of products for safety and 
efficacy. Accordingly, there are currently no FDA monographs for drug 
products labeled as homeopathic.

C. FDA's Compliance Policy Guide

    Since 1988, prescription and nonprescription drug products labeled 
as homeopathic have been manufactured and distributed without FDA 
approval under the enforcement policies set forth in FDA's Compliance 
Policy Guide (CPG) 400.400 entitled ``Conditions Under Which 
Homeopathic Drugs May be Marketed'' (see 53 FR 21728, June 9, 1988). 
The CPG defines a homeopathic drug as any drug labeled as being 
homeopathic which is listed in the HPUS, an addendum to it, or its 
supplements. The CPG includes conditions specific to ingredients, 
labeling, prescription status, and current good manufacturing practice. 
The CPG can be found at http://www.fda.gov/iceci/compliancemanuals/compliancepolicyguidancemanual/ucm074360.htm.

D. Growth in the Sale of Drugs Labeled as ``Homeopathic''

    The homeopathic drug industry has continued on an upward growth 
trajectory since FDA issued its CPG in 1988, especially with respect to 
OTC drug products labeled as homeopathic. The CPG noted that, at the 
time of original publication in 1988, the homeopathic drug market was a 
multimillion dollar industry in the United States. In 2007, the 
National Health Interview Survey, conducted by the Centers for Disease 
Control and Prevention's National Center for Health Statistics, 
estimated that adults spent about $2.9 billion on the purchase of 
homeopathic medicine (Ref. 2). Many drugs labeled as homeopathic are 
sold OTC in major retail stores and are often marketed as natural, 
safe, and effective alternatives to other prescription and 
nonprescription products.

E. Safety of Drug Products Labeled as Homeopathic

    Drugs products labeled as homeopathic can contain a wide range of 
substances, including ingredients derived from plants, healthy or 
diseased animal or human sources, minerals, and chemicals (either as 
active or inactive ingredients). As with ingredients in other drug and 
biological products, homeopathic ingredients, even if highly diluted, 
can cause side effects, drug interactions, and allergic or other 
adverse reactions. Negative health effects from drug products labeled 
as homeopathic have been reported through the FDA's Adverse Event 
Reporting System and the National Poison Data System (NPDS), which is 
maintained by the American Association of Poison Control Centers and 
tracks human poison exposure cases. Data in the NPDS pertaining to 
homeopathic drug products is tracked under the category ``Homeopathic 
Agents.'' The 2012 American Association of Poison Control Center Annual 
Report indicated that there were 10,311 reported poison exposure cases 
related to ``Homeopathic Agents,'' with 8,788 of those reported cases 
attributed to children 5 years of age and younger (Ref. 3). Of the 
10,311 reported cases, 697 required treatment in a health care facility 
(Id.).

II. Scope of the Public Hearing

    FDA is seeking broad public input on the current enforcement 
policies related to drug products labeled as homeopathic in an effort 
to better promote and protect the public health. FDA has developed a 
list of questions to facilitate a more productive discussion at the 
public hearing. This list is not intended to be exclusive, and FDA 
encourages comments on other matters related to the development and 
regulation of drug and biological products labeled as homeopathic. 
Issues that are of specific interest to the Agency include the 
following:
     What are consumer and health care provider attitudes 
towards human drug and biological products labeled as homeopathic?
     What data sources can be identified or shared with FDA so 
that the Agency can better assess the risks and benefits of drug and 
biological products labeled as homeopathic?
     Are the current enforcement policies under the CPG 
appropriate to protect and promote public health in light of the 
tremendous growth in the

[[Page 16329]]

homeopathic drug market? Are there alternatives to the current 
enforcement policies of the CPG that would inform FDA's regulatory 
oversight of drugs labeled as homeopathic? If so, please explain.
     Are there areas of the current CPG that could benefit from 
additional clarity? If so, please explain.
     Is there information regarding the regulation of 
homeopathic products in other countries that could inform FDA's 
thinking in this area?
     A large majority of human drug products labeled as 
homeopathic are marketed as OTC drugs. These products are available for 
a wide variety of indications, and many of these indications have never 
been considered for OTC use under a formal regulatory process. What 
would be an appropriate regulatory process for evaluating such 
indications for OTC use?
     Given the wide range of indications on drug products 
labeled as homeopathic and available OTC, what processes do companies 
currently use to evaluate whether such products, including their 
indications for use, are appropriate for marketing as an OTC drug?
     Do consumers and health care providers have adequate 
information to make informed decisions about drug products labeled as 
homeopathic? If not, what information, including, for example, 
information in labeling, would allow consumers and health care 
providers to be better informed about products labeled as homeopathic?

III. Attendance and/or Participation in the Public Hearing

    The public hearing is free and seating will be on a first-come, 
first-served basis. If you wish to make an oral presentation during the 
hearing, you must register by submitting either an electronic or a 
written request by 5 p.m. on April 13, 2015, to Lesley DeRenzo or 
Cynthia Ng (see FOR FURTHER INFORMATION CONTACT). Submit electronic 
requests to [email protected]. You must provide your 
name, title, business affiliation (if applicable), address, telephone 
and fax numbers, email address, and type of organization you represent 
(e.g., industry, consumer organization, etc.). You also should submit a 
brief summary of the presentation, including the discussion topic(s) 
that will be addressed and the approximate time requested for your 
presentation. FDA encourages individuals and organizations with common 
interests to coordinate and give a joint, consolidated presentation. 
Registrants will receive confirmation once they have been accepted to 
attend the meeting. FDA may limit both the number of participants from 
individual organizations and the total number of attendees based on 
space limitations. Registered presenters should check in before the 
hearing.
    Participants should submit a copy of each presentation to Lesley 
DeRenzo or Cynthia Ng (see FOR FURTHER INFORMATION CONTACT) no later 
than 5 p.m. on April 13, 2015. We will file the hearing schedule, 
indicating the order and time allotted for each presenter, with the 
Division of Dockets Management (see COMMENTS AND TRANSCRIPTS). FDA will 
post an agenda of the public hearing and other background material at 
least 3 days before the public hearing, along with additional 
information, at: http://www.fda.gov/Drugs/NewsEvents/ucm132703.htm 
(select this hearing from the events list).
    We will mail, email, or telephone the schedule to each participant 
before the hearing. In anticipation of the hearing presentations moving 
ahead of schedule, participants are encouraged to arrive early to 
ensure their designated order of presentation. Participants who are not 
present when called risk forfeiting their scheduled time.
    If you need special accommodations due to a disability, contact 
Lesley DeRenzo or Cynthia Ng (see FOR FURTHER INFORMATION CONTACT) at 
least 7 days in advance of the hearing.

IV. Notice of Hearing Under 21 CFR Part 15

    The Commissioner of Food and Drugs is announcing that the public 
hearing will be held in accordance with part 15 (21 CFR part 15). A 
presiding officer, who will be accompanied by FDA senior management 
from the Office of the Commissioner and the relevant centers, will 
conduct the hearing.
    Under Sec.  15.30(f), the hearing is informal and the rules of 
evidence do not apply. Only the presiding officer and panel members may 
question any person during or at the conclusion of each presentation 
(Sec.  15.30(e)). Public hearings under part 15 are subject to FDA's 
policy and procedures for electronic media coverage of FDA's public 
administrative proceedings (21 CFR part 10, subpart C) (Sec.  
10.203(a)). Under Sec.  10.205, representatives of the electronic media 
may be permitted, subject to certain limitations, to videotape, film, 
or otherwise record FDA's public administrative proceedings, including 
presentations by participants. The hearing will be transcribed as 
stipulated in Sec.  15.30(b). To the extent that the conditions for the 
hearing as described in this document conflict with any provisions set 
out in part 15, this notice acts as a waiver of those provisions as 
specified in Sec.  15.30(h).

V. 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 all the Web site addresses in this reference section, but 
we are not responsible for any subsequent changes to the Web sites 
after this document publishes in the Federal Register.)

1. The Homeopathic Pharmacopoeia of the United States (HPUS), ``What 
is the HPUS?'', available at http://www.hpus.com/what-is-the-hpus.php (last visited Dec. 23, 2014).
2. Nahin, R. L., P. M. Barnes, B. J. Stussman, and B. Bloom, ``Costs 
of Complementary and Alternative Medicine (CAM) and Frequency of 
Visits to CAM Practitioners: United States, 2007.'' National Health 
Statistics Reports; no 18. Hyattsville, MD: National Center for 
Health Statistics, 2009.
3. James B. Mowry, et al., ``2012 Annual Report of the American 
Association of Poison Control Centers' National Poison Data System 
(NPDS): 30th Annual Report,'' 51 Clinical Toxicology, 949, 1188 
(2013).

    Dated: March 20, 2015.
Leslie Kux,
Associate Commissioner for Policy.
[FR Doc. 2015-07018 Filed 3-26-15; 8:45 am]
 BILLING CODE 4164-01-P



                                                                                Federal Register / Vol. 80, No. 59 / Friday, March 27, 2015 / Proposed Rules                                         16327

                                                         (3) If a ferrule is installed on the rotating        DEPARTMENT OF HEALTH AND                              Evaluation and Research, Food and
                                                      star, before further flight, dye-penetrant              HUMAN SERVICES                                        Drug Administration, 10903 New
                                                      inspect the rotating star for a crack in areas                                                                Hampshire Ave., Silver Spring, MD
                                                      ‘‘Z’’ depicted in Figure 1 of Airbus                    Food and Drug Administration                          20903–0002, 240–402–4612, FAX: 301–
                                                      Helicopters ASB No. EC130 62A010, ASB                                                                         847–8747, Lesley.derenzo@fda.hhs.gov;
                                                      No. AS350 62.00.34, or ASB No. AS355                    21 CFR Part 15                                        or Cynthia Ng, Center for Drug
                                                      62.00.33, all Revision 0, and all dated April                                                                 Evaluation and Research, 10903 New
                                                                                                              [Docket No. FDA–2015–N–0540]
                                                      28, 2014, as applicable to your model                                                                         Hampshire Ave., Silver Spring, MD
                                                      helicopter.                                             Homeopathic Product Regulation:                       20903–0002, 301–796–7512, FAX: 301–
                                                         (i) If the rotating star has a crack, before
                                                                                                              Evaluating the Food and Drug                          847–8747, cynthia.ng.@fda.hhs.gov.
                                                      further flight, remove from service the
                                                                                                              Administration’s Regulatory                              Registration and Request to Provide
                                                      rotating star; ferrule; and the screws, washers
                                                                                                              Framework After a Quarter-Century;                    Oral Testimony: The public hearing is
                                                      and nuts used to attach the pitch change
                                                                                                              Public Hearing                                        free and seating will be on a first-come,
                                                      rods, compass, and the rotating star deflector.
                                                         (ii) If the rotating star does not have a            AGENCY:    Food and Drug Administration,              first-served basis. If you wish to attend
                                                      crack, within 160 hours TIS, remove from                HHS.                                                  or make an oral presentation, see section
                                                      service the rotating star; ferrule; and the             ACTION:Notice of public hearing; request              III (Attendance and/or Participation in
                                                      screws, washers and nuts used to attach the             for comments.                                         the Public Hearing) for information on
                                                      pitch change rods, compass, and the rotating                                                                  how to register and the deadline for
                                                      star deflector.                                         SUMMARY:   The Food and Drug                          registration. If you cannot attend in
                                                         (4) Do not install a rotating star P/N               Administration (FDA) is announcing a                  person, information about how you can
                                                      350A371003–04, 350A371003–05,                           public hearing to obtain information                  access a live Webcast will be located at
                                                      350A371003–06, 350A371003–07, or                        and comments from stakeholders about                  https://collaboration.fda.gov/
                                                      350A371003–08 with a ferrule.                           the current use of human drug and                     hprapril2015/.
                                                      (f) Special Flight Permit
                                                                                                              biological products labeled as                           Comments and Transcripts: You may
                                                                                                              homeopathic, as well as the Agency’s                  submit either electronic comments
                                                         Special flight permits are prohibited.               regulatory framework for such products.
                                                                                                                                                                    regarding this document to http://
                                                      (g) Alternative Methods of Compliance                   These products include prescription
                                                                                                                                                                    www.regulations.gov or written
                                                      (AMOCs)                                                 drugs and biological products labeled as
                                                                                                                                                                    comments to the Division of Dockets
                                                        (1) The Manager, Safety Management                    homeopathic and over-the-counter
                                                                                                                                                                    Management (HFA–305), Food and Drug
                                                      Group, FAA, may approve AMOCs for this                  (OTC) drugs labeled as homeopathic.
                                                                                                                                                                    Administration, 5630 Fishers Lane, rm.
                                                      AD. Send your proposal to: Robert Grant,                FDA is seeking participants for the
                                                                                                                                                                    1061, Rockville, MD 20852. You should
                                                      Aviation Safety Engineer, Safety Management             public hearing and written comments
                                                                                                                                                                    annotate and organize your comments to
                                                      Group, FAA, 2601 Meacham Blvd., Fort                    from all interested parties, including,
                                                                                                                                                                    identify the specific questions or topic
                                                      Worth, Texas 76137; telephone (817) 222–                but not limited to, consumers, patients,
                                                                                                                                                                    to which they refer. It is only necessary
                                                      5110; email robert.grant@faa.gov.                       caregivers, health care professionals,
                                                                                                                                                                    to send one set of comments. Please
                                                        (2) For operations conducted under a 14               patient groups, and industry. FDA is
                                                                                                              seeking input on a number of specific                 identify your comments with the docket
                                                      CFR part 119 operating certificate or under                                                                   number found in brackets in the
                                                      14 CFR part 91, subpart K, we suggest that              questions, but is interested in any other
                                                                                                              pertinent information participants                    heading of this document. Received
                                                      you notify your principal inspector, or
                                                                                                              would like to share.                                  comments may be seen in the Division
                                                      lacking a principal inspector, the manager of
                                                                                                                                                                    of Dockets Management between 9 a.m.
                                                      the local flight standards district office or           DATES: The public hearing will be held
                                                                                                                                                                    and 4 p.m., Monday through Friday, and
                                                      certificate holding district office before              on April 20 and 21, 2015, from 9 a.m.
                                                                                                                                                                    will be posted to the docket at http://
                                                      operating any aircraft complying with this              to 4 p.m. The meeting may be extended
                                                                                                                                                                    www.regulations.gov.
                                                      AD through an AMOC.                                     or may end early depending on the level
                                                                                                              of public participation. Register to                     Transcripts of the hearing will be
                                                      (h) Additional Information                                                                                    available for review at the Division of
                                                                                                              attend or provide oral testimony at the
                                                        The subject of this AD is addressed in the            hearing by April 13, 2015. See                        Dockets Management and at http://
                                                      European Aviation Safety Agency (EASA) AD               Registration and Request to Provide Oral              www.regulations.gov approximately 45
                                                      No. 2014–0132R1, dated June 2, 2014. You                Testimony for information on how to                   days after the hearing. You may submit
                                                      may view the EASA AD on the Internet at                 register or make an oral presentation at              a request to obtain a hard copy or CD–
                                                      http://www.regulations.gov in the AD Docket.            the hearing. Written or electronic                    ROM transcript. Send your request to
                                                      (i) Subject                                             comments will be accepted until June                  the Division of Freedom of Information
                                                                                                              22, 2015.                                             (ELEM–1029), Office of Management
                                                        Joint Aircraft Service Component (JASC)
                                                                                                              ADDRESSES: The public hearing will be                 Programs, Food and Drug
                                                      Code: 6200, Main Rotor System.
                                                                                                              held at FDA’s White Oak Campus,                       Administration, 12420 Parklawn Dr.,
                                                        Issued in Fort Worth, Texas, on March 18,                                                                   Element Bldg., Rockville, MD 20857.
                                                                                                              10903 New Hampshire Ave., Bldg. 31,
                                                      2015.
                                                                                                              rm. 1503A, Silver Spring, MD, 20993–                  SUPPLEMENTARY INFORMATION:    FDA is
                                                      Lance T. Gant,                                          0002. Participants must enter through                 evaluating its current enforcement
asabaliauskas on DSK5VPTVN1PROD with PROPOSALS




                                                      Acting Directorate Manager, Rotorcraft                  Building 1 and undergo security                       policies for drug products labeled as
                                                      Directorate, Aircraft Certification Service.            screening. For parking and security                   homeopathic from scientific, risk, and
                                                      [FR Doc. 2015–06805 Filed 3–26–15; 8:45 am]             information, please refer to http://                  process perspectives. The Agency is
                                                      BILLING CODE 4910–13–P                                  www.fda.gov/AboutFDA/                                 now soliciting opinions about whether
                                                                                                              WorkingatFDA/BuildingsandFacilities/                  and how to adjust the current
                                                                                                              WhiteOakCampusInformation/                            enforcement policies to reflect changes
                                                                                                              ucm241740.htm.                                        in the homeopathic product
                                                                                                              FOR FURTHER INFORMATION CONTACT:                      marketplace over the last approximately
                                                                                                              Lesley DeRenzo, Center for Drug                       25 years.


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                                                      16328                     Federal Register / Vol. 80, No. 59 / Friday, March 27, 2015 / Proposed Rules

                                                      I. Background                                           in the labeling thereof. See section                  marketed as natural, safe, and effective
                                                                                                              201(p) of the FD&C Act).                              alternatives to other prescription and
                                                      A. Homeopathic Products and the
                                                                                                                                                                    nonprescription products.
                                                      Federal Food, Drug, and Cosmetic Act                    B. Homeopathic Drugs and the OTC
                                                         The definition of a ‘‘drug’’ under the               Drug Review                                           E. Safety of Drug Products Labeled as
                                                      Federal Food, Drug, and Cosmetic Act                       In 1972, FDA initiated rulemaking                  Homeopathic
                                                      (FD&C Act) includes: (1) Articles                       procedures (the OTC Drug Review) to                      Drugs products labeled as
                                                      recognized in the official United States                determine which OTC drugs are                         homeopathic can contain a wide range
                                                      Pharmacopoeia (USP), official                           generally recognized among qualified                  of substances, including ingredients
                                                      Homoeopathic Pharmacopoeia of the                       experts as safe and effective and not                 derived from plants, healthy or diseased
                                                      United States (HPUS); (2) articles                      misbranded under prescribed,                          animal or human sources, minerals, and
                                                      intended for use in the diagnosis, cure,                recommended, or suggested conditions                  chemicals (either as active or inactive
                                                      mitigation, treatment, or prevention of                 of use. See ‘‘Procedures for                          ingredients). As with ingredients in
                                                      disease in man or other animals; and (3)                Classification of Over-the-Counter                    other drug and biological products,
                                                      articles (other than food) intended to                  Drugs’’ (37 FR 9464, May 11, 1972).                   homeopathic ingredients, even if highly
                                                      affect the structure or any function of                 FDA deferred review of drugs labeled as               diluted, can cause side effects, drug
                                                      the body of man or other animals. See                   homeopathic due to the uniqueness of                  interactions, and allergic or other
                                                      section 201(g)(1)(A) to (C) of the FD&C                 homeopathic medicine and stated that                  adverse reactions. Negative health
                                                      Act (21 U.S.C. 321(g)(1)(A) to(C)).                     FDA would review them as a separate                   effects from drug products labeled as
                                                      Accordingly, an article that meets this                 category at a later time (37 FR 9464 at               homeopathic have been reported
                                                      definition of a ‘‘drug’’ is subject to                  9466). To date, FDA has not reviewed                  through the FDA’s Adverse Event
                                                      regulation under the FD&C Act,                          this class of products for safety and                 Reporting System and the National
                                                      regardless of whether it is labeled as                  efficacy. Accordingly, there are                      Poison Data System (NPDS), which is
                                                      homeopathic. An article that also meets                 currently no FDA monographs for drug                  maintained by the American
                                                      the definition of a ‘‘biological product’’              products labeled as homeopathic.                      Association of Poison Control Centers
                                                      (as defined in section 351(i) of the                                                                          and tracks human poison exposure
                                                                                                              C. FDA’s Compliance Policy Guide
                                                      Public Health Service Act (PHS Act) (42                                                                       cases. Data in the NPDS pertaining to
                                                      U.S.C 262(i))) is subject to regulation                    Since 1988, prescription and                       homeopathic drug products is tracked
                                                      under both the FD&C Act and the PHS                     nonprescription drug products labeled                 under the category ‘‘Homeopathic
                                                      Act.                                                    as homeopathic have been                              Agents.’’ The 2012 American
                                                         The FD&C Act recognizes the HPUS,                    manufactured and distributed without                  Association of Poison Control Center
                                                      along with the USP, as an official                      FDA approval under the enforcement                    Annual Report indicated that there were
                                                      compendium. See section 201(j) of the                   policies set forth in FDA’s Compliance                10,311 reported poison exposure cases
                                                      FD&C Act. The HPUS is produced by a                     Policy Guide (CPG) 400.400 entitled                   related to ‘‘Homeopathic Agents,’’ with
                                                      non-governmental organization known                     ‘‘Conditions Under Which Homeopathic                  8,788 of those reported cases attributed
                                                      as the Homeopathic Pharmacop*ia                         Drugs May be Marketed’’ (see 53 FR                    to children 5 years of age and younger
                                                      Convention of the United States                         21728, June 9, 1988). The CPG defines                 (Ref. 3). Of the 10,311 reported cases,
                                                      (HPCUS) and has been in continuous                      a homeopathic drug as any drug labeled                697 required treatment in a health care
                                                      publication since 1897 (Ref. 1). The                    as being homeopathic which is listed in               facility (Id.).
                                                      HPCUS determines which ingredients,                     the HPUS, an addendum to it, or its
                                                      including permissible potency levels,                   supplements. The CPG includes                         II. Scope of the Public Hearing
                                                      are officially monographed homeopathic                  conditions specific to ingredients,                      FDA is seeking broad public input on
                                                      ingredients. To date, there are over 1200               labeling, prescription status, and current            the current enforcement policies related
                                                      officially monographed ingredients in                   good manufacturing practice. The CPG                  to drug products labeled as
                                                      the HPUS. Since 2004, the HPCUS has                     can be found at http://www.fda.gov/                   homeopathic in an effort to better
                                                      added over 500 new ingredient                           iceci/compliancemanuals/                              promote and protect the public health.
                                                      monographs. The standards set forth in                  compliancepolicyguidancemanual/                       FDA has developed a list of questions to
                                                      the HPUS and the USP affect the                         ucm074360.htm.                                        facilitate a more productive discussion
                                                      naming, quality, and labeling of drug                                                                         at the public hearing. This list is not
                                                      products. See e.g., sections 501(b) and                 D. Growth in the Sale of Drugs Labeled
                                                                                                              as ‘‘Homeopathic’’                                    intended to be exclusive, and FDA
                                                      502(g) of the FD&C Act (21 U.S.C. 351(b)                                                                      encourages comments on other matters
                                                      and 352(g)).                                               The homeopathic drug industry has                  related to the development and
                                                         Nothing in the FD&C Act exempts                      continued on an upward growth                         regulation of drug and biological
                                                      drugs labeled as homeopathic from any                   trajectory since FDA issued its CPG in                products labeled as homeopathic. Issues
                                                      of the requirements related to approval,                1988, especially with respect to OTC                  that are of specific interest to the
                                                      adulteration, and misbranding,                          drug products labeled as homeopathic.                 Agency include the following:
                                                      including labeling requirements. If a                   The CPG noted that, at the time of                       • What are consumer and health care
                                                      drug labeled as homeopathic is a new                    original publication in 1988, the                     provider attitudes towards human drug
                                                      drug under the FD&C Act, it is subject                  homeopathic drug market was a                         and biological products labeled as
                                                      to the same premarket approval                          multimillion dollar industry in the                   homeopathic?
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                                                      requirements and the same standards for                 United States. In 2007, the National                     • What data sources can be identified
                                                      safety and efficacy as all new drugs. A                 Health Interview Survey, conducted by                 or shared with FDA so that the Agency
                                                      new drug is defined, in part, as any drug               the Centers for Disease Control and                   can better assess the risks and benefits
                                                      that is not generally recognized, among                 Prevention’s National Center for Health               of drug and biological products labeled
                                                      experts qualified by scientific training                Statistics, estimated that adults spent               as homeopathic?
                                                      and experience to evaluate the safety                   about $2.9 billion on the purchase of                    • Are the current enforcement
                                                      and effectiveness of drugs, as safe and                 homeopathic medicine (Ref. 2). Many                   policies under the CPG appropriate to
                                                      effective for use under the condition                   drugs labeled as homeopathic are sold                 protect and promote public health in
                                                      prescribed, recommended, or suggested                   OTC in major retail stores and are often              light of the tremendous growth in the


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                                                                                Federal Register / Vol. 80, No. 59 / Friday, March 27, 2015 / Proposed Rules                                                16329

                                                      homeopathic drug market? Are there                      confirmation once they have been                      To the extent that the conditions for the
                                                      alternatives to the current enforcement                 accepted to attend the meeting. FDA                   hearing as described in this document
                                                      policies of the CPG that would inform                   may limit both the number of                          conflict with any provisions set out in
                                                      FDA’s regulatory oversight of drugs                     participants from individual                          part 15, this notice acts as a waiver of
                                                      labeled as homeopathic? If so, please                   organizations and the total number of                 those provisions as specified in
                                                      explain.                                                attendees based on space limitations.                 § 15.30(h).
                                                         • Are there areas of the current CPG                 Registered presenters should check in
                                                      that could benefit from additional                      before the hearing.                                   V. References
                                                      clarity? If so, please explain.                            Participants should submit a copy of                  The following references have been
                                                         • Is there information regarding the                 each presentation to Lesley DeRenzo or                placed on display in the Division of
                                                      regulation of homeopathic products in                   Cynthia Ng (see FOR FURTHER                           Dockets Management (see ADDRESSES)
                                                      other countries that could inform FDA’s                 INFORMATION CONTACT) no later than 5                  and may be seen by interested persons
                                                      thinking in this area?                                  p.m. on April 13, 2015. We will file the              between 9 a.m. and 4 p.m., Monday
                                                         • A large majority of human drug                     hearing schedule, indicating the order                through Friday, and are available
                                                      products labeled as homeopathic are                     and time allotted for each presenter,                 electronically at http://
                                                      marketed as OTC drugs. These products                   with the Division of Dockets                          www.regulations.gov. (FDA has verified
                                                      are available for a wide variety of                     Management (see COMMENTS AND                          all the Web site addresses in this
                                                      indications, and many of these                          TRANSCRIPTS). FDA will post an                        reference section, but we are not
                                                      indications have never been considered                  agenda of the public hearing and other                responsible for any subsequent changes
                                                      for OTC use under a formal regulatory                   background material at least 3 days                   to the Web sites after this document
                                                      process. What would be an appropriate                   before the public hearing, along with                 publishes in the Federal Register.)
                                                      regulatory process for evaluating such                  additional information, at: http://                   1. The Homeopathic Pharmacopoeia of the
                                                      indications for OTC use?                                www.fda.gov/Drugs/NewsEvents/                              United States (HPUS), ‘‘What is the
                                                         • Given the wide range of indications                ucm132703.htm (select this hearing                         HPUS?’’, available at http://
                                                      on drug products labeled as                             from the events list).                                     www.hpus.com/what-is-the-hpus.php
                                                      homeopathic and available OTC, what                        We will mail, email, or telephone the                   (last visited Dec. 23, 2014).
                                                      processes do companies currently use to                 schedule to each participant before the               2. Nahin, R. L., P. M. Barnes, B. J. Stussman,
                                                      evaluate whether such products,                         hearing. In anticipation of the hearing                    and B. Bloom, ‘‘Costs of Complementary
                                                      including their indications for use, are                presentations moving ahead of                              and Alternative Medicine (CAM) and
                                                      appropriate for marketing as an OTC                     schedule, participants are encouraged to                   Frequency of Visits to CAM
                                                      drug?                                                                                                              Practitioners: United States, 2007.’’
                                                                                                              arrive early to ensure their designated                    National Health Statistics Reports; no
                                                         • Do consumers and health care                       order of presentation. Participants who                    18. Hyattsville, MD: National Center for
                                                      providers have adequate information to                  are not present when called risk                           Health Statistics, 2009.
                                                      make informed decisions about drug                      forfeiting their scheduled time.                      3. James B. Mowry, et al., ‘‘2012 Annual
                                                      products labeled as homeopathic? If not,                   If you need special accommodations                      Report of the American Association of
                                                      what information, including, for                        due to a disability, contact Lesley                        Poison Control Centers’ National Poison
                                                      example, information in labeling, would                 DeRenzo or Cynthia Ng (see FOR                             Data System (NPDS): 30th Annual
                                                      allow consumers and health care                         FURTHER INFORMATION CONTACT) at least 7                    Report,’’ 51 Clinical Toxicology, 949,
                                                      providers to be better informed about                   days in advance of the hearing.                            1188 (2013).
                                                      products labeled as homeopathic?                                                                                Dated: March 20, 2015.
                                                                                                              IV. Notice of Hearing Under 21 CFR
                                                      III. Attendance and/or Participation in                 Part 15                                               Leslie Kux,
                                                      the Public Hearing                                                                                            Associate Commissioner for Policy.
                                                                                                                 The Commissioner of Food and Drugs
                                                                                                                                                                    [FR Doc. 2015–07018 Filed 3–26–15; 8:45 am]
                                                         The public hearing is free and seating               is announcing that the public hearing
                                                                                                                                                                    BILLING CODE 4164–01–P
                                                      will be on a first-come, first-served                   will be held in accordance with part 15
                                                      basis. If you wish to make an oral                      (21 CFR part 15). A presiding officer,
                                                      presentation during the hearing, you                    who will be accompanied by FDA
                                                      must register by submitting either an                   senior management from the Office of                  ENVIRONMENTAL PROTECTION
                                                      electronic or a written request by 5 p.m.               the Commissioner and the relevant                     AGENCY
                                                      on April 13, 2015, to Lesley DeRenzo or                 centers, will conduct the hearing.
                                                      Cynthia Ng (see FOR FURTHER                                Under § 15.30(f), the hearing is                   40 CFR Part 52
                                                      INFORMATION CONTACT). Submit                            informal and the rules of evidence do                 [EPA–R09–OAR–2015–0083; FRL–9924–74–
                                                      electronic requests to                                  not apply. Only the presiding officer                 Region 9]
                                                      CDERHOMEOPATHICPRODUCT@                                 and panel members may question any
                                                      fda.hhs.gov. You must provide your                      person during or at the conclusion of                 Revisions to the California State
                                                      name, title, business affiliation (if                   each presentation (§ 15.30(e)). Public                Implementation Plan, Placer County
                                                      applicable), address, telephone and fax                 hearings under part 15 are subject to                 Air Pollution Control District and the
                                                      numbers, email address, and type of                     FDA’s policy and procedures for                       Ventura County Air Pollution Control
                                                      organization you represent (e.g.,                       electronic media coverage of FDA’s                    District
                                                      industry, consumer organization, etc.).                 public administrative proceedings (21
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                                                                                                                                                                    AGENCY:  Environmental Protection
                                                      You also should submit a brief summary                  CFR part 10, subpart C) (§ 10.203(a)).                Agency (EPA).
                                                      of the presentation, including the                      Under § 10.205, representatives of the                ACTION: Proposed rule.
                                                      discussion topic(s) that will be                        electronic media may be permitted,
                                                      addressed and the approximate time                      subject to certain limitations, to                    SUMMARY:   The Environmental Protection
                                                      requested for your presentation. FDA                    videotape, film, or otherwise record                  Agency (EPA) is proposing to approve
                                                      encourages individuals and                              FDA’s public administrative                           revisions to the Placer County Air
                                                      organizations with common interests to                  proceedings, including presentations by               Pollution Control District (PCAPCD) and
                                                      coordinate and give a joint, consolidated               participants. The hearing will be                     the Ventura County Air Pollution
                                                      presentation. Registrants will receive                  transcribed as stipulated in § 15.30(b).              Control District (VCAPCD) portion of


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Document Created: 2015-12-18 11:36:00
Document Modified: 2015-12-18 11:36:00
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
ActionNotice of public hearing; request for comments.
DatesThe public hearing will be held on April 20 and 21, 2015, from 9 a.m. to 4 p.m. The meeting may be extended or may end early depending on the level of public participation. Register to attend or provide oral testimony at the hearing by April 13, 2015. See Registration and Request to Provide Oral Testimony for information on how to register or make an oral presentation at the hearing. Written or electronic comments will be accepted until June 22, 2015.
ContactLesley DeRenzo, Center for Drug Evaluation and Research, Food and Drug Administration, 10903 New Hampshire Ave., Silver Spring, MD 20903-0002, 240-402-4612, FAX: 301- 847-8747, [email protected]; or Cynthia Ng, Center for Drug Evaluation and Research, 10903 New Hampshire Ave., Silver Spring, MD 20903-0002, 301-796-7512, FAX: 301-847-8747, [email protected]
FR Citation80 FR 16327 

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