80_FR_18472 80 FR 18407 - Agency Information Collection Activities; Submission for Office of Management and Budget Review; Comment Request; Comparative Price Information in Direct-to-Consumer and Professional Prescription Drug Advertisements

80 FR 18407 - Agency Information Collection Activities; Submission for Office of Management and Budget Review; Comment Request; Comparative Price Information in Direct-to-Consumer and Professional Prescription Drug Advertisements

DEPARTMENT OF HEALTH AND HUMAN SERVICES
Food and Drug Administration

Federal Register Volume 80, Issue 65 (April 6, 2015)

Page Range18407-18410
FR Document2015-07818

The Food and Drug Administration (FDA) is announcing that a proposed collection of information has been submitted to the Office of Management and Budget (OMB) for review and clearance under the Paperwork Reduction Act of 1995.

Federal Register, Volume 80 Issue 65 (Monday, April 6, 2015)
[Federal Register Volume 80, Number 65 (Monday, April 6, 2015)]
[Notices]
[Pages 18407-18410]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-07818]


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

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2014-N-0554]


Agency Information Collection Activities; Submission for Office 
of Management and Budget Review; Comment Request; Comparative Price 
Information in Direct-to-Consumer and Professional Prescription Drug 
Advertisements

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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

SUMMARY: The Food and Drug Administration (FDA) is announcing that a 
proposed collection of information has been submitted to the Office of 
Management and Budget (OMB) for review and clearance under the 
Paperwork Reduction Act of 1995.

DATES: Fax written comments on the collection of information by May 6, 
2015.

ADDRESSES: To ensure that comments on the information collection are 
received, OMB recommends that written comments be faxed to the Office 
of Information and Regulatory Affairs, OMB, Attn: FDA Desk Officer, 
FAX: 202-395-7285, or emailed to [email protected]. All 
comments should be identified with the OMB control number 0910-New and 
title, ``Comparative Price Information in Direct-to-Consumer and 
Professional Prescription Drug Advertisements.'' Also include the FDA 
docket number found in brackets in the heading of this document.

FOR FURTHER INFORMATION CONTACT: FDA PRA Staff, Office of Operations, 
Food and Drug Administration, 8455 Colesville Rd., COLE-14526, Silver 
Spring, MD 20993-0002, [email protected].

SUPPLEMENTARY INFORMATION: In compliance with 44 U.S.C. 3507, FDA has 
submitted the following proposed collection of information to OMB for 
review and clearance.

Comparative Price Information in Direct-to-Consumer and Professional 
Prescription Drug Advertisements--(0910-NEW)

    Section 1701(a)(4) of the Public Health Service Act (42 U.S.C. 
300u(a)(4)) authorizes the FDA to conduct research relating to health 
information. Section 1003(d)(2)(C) of the Federal Food, Drug, and 
Cosmetic Act (the FD&C Act) (21 U.S.C. 393(d)(2)(C)) authorizes FDA to 
conduct research relating to drugs and other FDA regulated products in 
carrying out the provisions of the FD&C Act.
    By their very nature, medical and health decisions are comparative 
(e.g., treat versus not treat). For consumers, these decisions may 
include the use of prescription drug products versus over the counter 
products versus herbal supplements, as well as one prescription brand 
versus another prescription brand. Similarly, advertising is often 
comparative. In prescription drug advertising, sponsors are permitted 
to include truthful, non-misleading information about the price of 
their products in promotion. This may extend to price comparison 
information, wherein sponsors may include information about the price 
of a competing product in order to make advantageous claims. Currently, 
when price comparisons are made, the advertisement (ad) should also 
include context that the two drugs may not be comparable in terms of 
efficacy and safety and that the acquisition costs presented do not 
necessarily reflect the actual prices paid by consumers, pharmacies, or 
third party payers. Despite the inclusion of this additional 
information, there is concern that adding contextual information about 
efficacy or safety is not sufficient to correct the impression that the 
products are interchangeable and that price is the main factor to 
consider. The Office of Prescription Drug Promotion plans to 
investigate, through empirical research, the impact of price comparison 
information and additional contextual information on prescription drug 
product perceptions. This will be investigated in direct-to-consumer 
(DTC) and healthcare-directed professional advertising for prescription 
drugs.

Design Overview and Procedure

    The design consists of two pretests and a main study. We will 
conduct two sequential pretest waves prior to main data collection. The 
purpose the pretests are to: (1) Ensure the stimuli are understandable 
and viewable; (2) identify and address any challenges to embedding the 
stimuli within the online survey; and (3) ensure the study questions 
are appropriate and meet the study's goals. Participants in the 
pretests will be randomly assigned to one of two versions of an ad. One 
version will present information about the price of the product 
relative to a competitor for the same indication (Price Comparison). 
Another version will present this information with additional 
contextual information that the two drugs may not be comparable in

[[Page 18408]]

terms of efficacy and safety and that the acquisition costs do not 
necessarily reflect actual prices paid (Price Comparison + Additional 
Context).
    Participants in Pretest 1 will be consumers (n=400) who self-
identify as having been diagnosed with diabetes. Pretest 2 will be 
conducted with physicians (n=1,000) who are General Practitioners 
(e.g., Family Practice, General Practice, Internal Medicine) and 
Specialists (e.g., Endocrinology, Pain Management). Pretest 2 has a 
two-fold purpose. In addition to the measurement and stimuli 
verification issues identified above, we will also conduct an 
experiment to evaluate the impact of incentive level (level 1 vs. level 
2) and study sponsorship (FDA vs. Public Health Agency) disclosure on 
physician response rates (see Exhibit 1). Pretest 2 will therefore 
provide a comparison of recruitment approaches, identify ways to 
optimize response rates, and provide a ``dry run'' of experimental 
study recruitment procedures.

                                     Exhibit 1--Pretest 2 Design, Incentive Level by Study Sponsorship by Type of Ad
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                    Type of ad
                                                                         ----------------------------------------------------------------
                                                                                 Price comparison          Price comparison + additional
              Study sponsor                                              --------------------------------             context                  Total
                                                                                                         --------------------------------
                                                                                FDA        Public Health                   Public Health
                                                                                              Agency            FDA           Agency
--------------------------------------------------------------------------------------------------------------------------------------------------------
Incentive Level..........................  Level 1......................             125             125             125             125             500
                                           Level 2......................             125             125             125             125             500
                                                                         -------------------------------------------------------------------------------
    Total................................  .............................             250             250             250             250           1,000
--------------------------------------------------------------------------------------------------------------------------------------------------------

    In the main study phase, physician (n=1440) and consumer (n=1,500) 
participants will be randomly assigned to view one of three possible 
versions of a DTC or professional ad for a fictitious prescription drug 
for diabetic neuropathy and will be asked to complete an online survey 
to assess their perceptions and understanding of product safety and 
efficacy, perceptions and understanding of the additional contextual 
information, perceptions of comparative safety and efficacy, 
perceptions of the comparator product, and intention to seek more 
information about the product (see Exhibit 2). This sample size will 
provide us with sufficient power to detect small-to-medium sized 
effects.
    In addition to the Price Comparison and Price Comparison + 
Additional Context ads used in pretesting, a third ad version will have 
a claim about the price of the product but will not present information 
about the price relative to a competitor, and will act as a control.

                                          Exhibit 2--Main Study Design
----------------------------------------------------------------------------------------------------------------
                                            Type of price comparison
-----------------------------------------------------------------------------------------------------------------
                                                                                       Price
                                                                       Price        information
                     Sample                            Price       comparison +      only (no          Total
                                                    comparison      additional      comparison/
                                                                      context        control)
----------------------------------------------------------------------------------------------------------------
Consumers (DTC ad)..............................             500             500             500           1,500
Physicians (Professional ad)....................             480             480             480           1,440
                                                 ---------------------------------------------------------------
    Total.......................................             980             980             980           2,940
----------------------------------------------------------------------------------------------------------------

    Participants will be consumers who self-identify as having been 
diagnosed with diabetes and physicians who are General Practitioners 
(e.g., Family Practice, General Practice, Internal Medicine) and 
Specialists (e.g., Endocrinology, Pain Management). All participants 
will be 18 years of age or older. We will exclude individuals from the 
consumer sample who work in healthcare, pharmaceutical, or marketing 
settings because their knowledge and experiences may not reflect those 
of the average consumer. Recruitment and administration of the study 
will take place over the Internet. Participation is estimated to take 
approximately 30 minutes.
    In the Federal Register of May 7, 2014 (79 FR 26255), FDA published 
a 60-day notice requesting public comment on the proposed collection of 
information. Two submissions were received; one from Ms. Lenisse 
Lippert of Quality Matrix Solutions, and one from AbbVie 
biopharmaceutical company, which contained multiple comments. We 
summarize and respond to these comments below.
    (Comment 1 from Lenisse Lippert, Quality Matrix Solutions) ``I 
would like to participate in the industry feedback on a proposed study 
to better understand direct-to-consumer advertisements that compare 
drug pricing, and how that information affects a consumer's perception 
of a drug's overall safety and efficacy versus the comparator 
product.''
    (Response) We thank Ms. Lippert for her comment.
    (Comment 2 from AbbVie) To prevent fatigue, online market research 
surveys do not generally exceed 20 minutes. Given that FDA is trying to 
make the most of their survey opportunity by asking many questions, it 
would be wise to place the meatier pricing related questions earlier in 
the survey when respondents are still engaged.
    (Response) We take the survey length very seriously. We are 
sensitive to issues regarding respondent fatigue and its impact upon 
completion rates and thus have placed items that are most likely to be 
influenced by respondent fatigue (open-ended questions) at the 
beginning of the survey. We have employed similar online surveys on

[[Page 18409]]

several previous studies, and we have obtained high completion rates, 
typically 90 percent or higher. For example, on a recent study 
(Experimental Study: Examination of Corrective Direct-to-Consumer 
Television Advertising [OMB control number 0910-0737]), we had a pool 
of 1,071 eligible respondents, and only 14 of those respondents failed 
to complete the survey. We anticipate that the completion rate for this 
study will be similar.
    (Comment 3 from AbbVie) In both surveys, respondents are asked many 
questions about product X that appear positively stated. Therefore, 
there is a risk of a bias by asking the critical pricing and language 
questions after the respondent has already been exposed to many product 
X questions and supposed attributes. To avoid bias, the most critical 
questions should appear as up front in the surveys as possible.
    (Response) Of greatest interest to FDA is the question of whether 
presence or absence of price comparison information and contextual 
information influences outcomes such as perceptions of comparative 
safety and efficacy, perceptions of the comparator product, and 
intentions to seek more information about the advertised product. 
Placing pricing related questions near the beginning of the survey 
would likely bias participants to think about pricing information more 
than they would under natural conditions, which may influence their 
responses to the aforementioned critical dependent variables. Although 
current question ordering may bias responses to pricing related 
questions, we believe this outcome is less consequential than the 
reverse, as suggested in this comment. Consequently, we intend to 
retain the current order of questions in the survey.
    (Comment 4 from AbbVie) It is unclear if the drug examples (X and 
Y) are real world medicines that could be taken by the patient 
respondents. If so, do respondents need to be aware of each product? If 
they need not be aware, you will need to balance the samples for any 
differences between cells. In addition, the cells will also need to be 
balanced for current drug usage to prevent additional bias.
    (Response) We have constructed a fictional product for use in this 
study to control for effects that might result as a consequence of 
having taken the product in the past. The comparator is a real product. 
We will measure participants' experience with medication for this 
condition, prior exposure to advertising for the comparator, and prior 
experience taking the comparator. Responses to these questions can be 
used as covariates in analysis.
    (Comment 5 from AbbVie) The questions on the physician survey 
should be at a higher level language versus the general population. We 
note the questions in the patient questionnaire seem to vary in reading 
level required to comprehend them. We recommend that FDA review the 
questions for consistency so as not [to] introduce a reading bias.
    (Response) We appreciate this comment. We have conducted cognitive 
interviews (OMB control number 0910-0695) to refine and improve the 
survey questions. We will also be conducting two rounds of pretesting 
which will provide an additional opportunity to identify and remove 
questions that do not function as intended, further refining the 
questionnaire prior to the main study. These activities include 
consideration of language level and whether it is appropriate for the 
participants being surveyed.
    (Comment 6 from AbbVie) We recommend this ad explicitly present 
contextual information that the two drugs may not be comparable in 
terms of efficacy and safety (i.e., the products are not 
interchangeable) notwithstanding price comparisons. This would permit 
FDA to assess whether it has provided enough contextual information so 
that the audience understands that the products are not 
interchangeable. Consequently, there would be a response choice in the 
questionnaire that allows a respondent to acknowledge the products are 
not interchangeable. AbbVie suggests that an option be added that 
reads, ``The brochure left the impression that Drug X's efficacy (and 
safety) should not be compared to Drug Y's; the products are not 
interchangeable.''
    (Response) The context language is based on feedback from the 
cognitive interviews. We appreciate the comment and have added a 
question to assess participants' attitudes about the context with 
regard to interchangeability of the products being compared.
    (Comment 7 from AbbVie) It is not clear what type of cost 
information is being presented in these ads. We suggest that the 
advertisement should make clear what costs are being presented, for 
what doses, and over what time frames so that readers are comparing 
`apples to apples' when viewing the ads. If study budget allows, it 
would be ideal to test a variety of cost information.
    (Response) The price comparison is for the same indication on a 
yearly basis. We agree that it would be informative to expand the study 
to test a variety of cost information but do not have the resources to 
do so.
    FDA estimates the burden of this collection of information as 
follows:

                                                     Table 1--Estimated Annual Reporting Burden \1\
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                    Number of
                    Activity                        Number of     responses per   Total annual         Average burden per response          Total hours
                                                   respondents     respondent      respondents
--------------------------------------------------------------------------------------------------------------------------------------------------------
Sample outgo (pretests and main survey)........          41,110  ..............  ..............  .......................................  ..............
Screener completes.............................           7,400               1           7,400  0.03 (2 minutes).......................             222
Eligible.......................................           4,933  ..............  ..............  .......................................  ..............
Completes, Pretests Phase 1....................             400               1             400  0.5 (30 minutes).......................             200
Completes, Pretest Phase 2.....................           1,000               1           1,000  0.5 (30 minutes).......................             500
Completes, Main Study..........................           2,940               1           2,940  0.5 (30 minutes).......................           1,470
                                                --------------------------------------------------------------------------------------------------------
    Total......................................  ..............  ..............  ..............  .......................................           2,392
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ There are no capital costs or operating and maintenance costs associated with this collection of information.



[[Page 18410]]

    Dated: March 31, 2015.
Leslie Kux,
Associate Commissioner for Policy.
[FR Doc. 2015-07818 Filed 4-3-15; 8:45 am]
BILLING CODE 4164-01-P



                                                                              Federal Register / Vol. 80, No. 65 / Monday, April 6, 2015 / Notices                                           18407

                                              DEPARTMENT OF HEALTH AND                                DEPARTMENT OF HEALTH AND                              relating to drugs and other FDA
                                              HUMAN SERVICES                                          HUMAN SERVICES                                        regulated products in carrying out the
                                                                                                                                                            provisions of the FD&C Act.
                                              National Institutes of Health                           Food and Drug Administration                             By their very nature, medical and
                                                                                                                                                            health decisions are comparative (e.g.,
                                              National Institute of Dental &                          [Docket No. FDA–2014–N–0554]
                                                                                                                                                            treat versus not treat). For consumers,
                                              Craniofacial Research; Notice of                                                                              these decisions may include the use of
                                                                                                      Agency Information Collection
                                              Closed Meeting                                                                                                prescription drug products versus over
                                                                                                      Activities; Submission for Office of
                                                Pursuant to section 10(d) of the                      Management and Budget Review;                         the counter products versus herbal
                                              Federal Advisory Committee Act, as                      Comment Request; Comparative Price                    supplements, as well as one
                                              amended (5 U.S.C. App.), notice is                      Information in Direct-to-Consumer and                 prescription brand versus another
                                              hereby given of a meeting of the Board                  Professional Prescription Drug                        prescription brand. Similarly,
                                              of Scientific Counselors, National                      Advertisements                                        advertising is often comparative. In
                                              Institute of Dental and Craniofacial                                                                          prescription drug advertising, sponsors
                                                                                                      AGENCY:    Food and Drug Administration,              are permitted to include truthful, non-
                                              Research.
                                                The meeting will be closed to the                     HHS.                                                  misleading information about the price
                                              public as indicated below in accordance                 ACTION:   Notice.                                     of their products in promotion. This
                                              with the provisions set forth in section                                                                      may extend to price comparison
                                                                                                      SUMMARY:    The Food and Drug                         information, wherein sponsors may
                                              552b(c)(6), title 5 U.S.C., as amended for              Administration (FDA) is announcing
                                              the review, discussion, and evaluation                                                                        include information about the price of a
                                                                                                      that a proposed collection of                         competing product in order to make
                                              of individual intramural programs and                   information has been submitted to the
                                              projects conducted by the National                                                                            advantageous claims. Currently, when
                                                                                                      Office of Management and Budget                       price comparisons are made, the
                                              Institute of Dental & Craniofacial                      (OMB) for review and clearance under
                                              Research, including consideration of                                                                          advertisement (ad) should also include
                                                                                                      the Paperwork Reduction Act of 1995.                  context that the two drugs may not be
                                              personnel qualifications and
                                                                                                      DATES: Fax written comments on the                    comparable in terms of efficacy and
                                              performance, and the competence of
                                                                                                      collection of information by May 6,                   safety and that the acquisition costs
                                              individual investigators, the disclosure
                                                                                                      2015.                                                 presented do not necessarily reflect the
                                              of which would constitute a clearly
                                              unwarranted invasion of personal                        ADDRESSES: To ensure that comments on                 actual prices paid by consumers,
                                              privacy.                                                the information collection are received,              pharmacies, or third party payers.
                                                                                                      OMB recommends that written                           Despite the inclusion of this additional
                                                Name of Committee: Board of Scientific                                                                      information, there is concern that
                                              Counselors, National Institute of Dental and            comments be faxed to the Office of
                                                                                                      Information and Regulatory Affairs,                   adding contextual information about
                                              Craniofacial Research.
                                                Date: May 28–29, 2015.                                OMB, Attn: FDA Desk Officer, FAX:                     efficacy or safety is not sufficient to
                                                Time: May 28, 2015, 12:00 p.m. to 5:40                202–395–7285, or emailed to oira_                     correct the impression that the products
                                              p.m.                                                    submission@omb.eop.gov. All                           are interchangeable and that price is the
                                                Agenda: To review and evaluate personal               comments should be identified with the                main factor to consider. The Office of
                                              qualifications and performance, and                     OMB control number 0910-New and                       Prescription Drug Promotion plans to
                                              competence of individual investigators.                                                                       investigate, through empirical research,
                                                Place: National Institutes of Health,                 title, ‘‘Comparative Price Information in
                                                                                                      Direct-to-Consumer and Professional                   the impact of price comparison
                                              Building 30, Room 117, NIH Campus,                                                                            information and additional contextual
                                              Bethesda, MD 20892.                                     Prescription Drug Advertisements.’’
                                                                                                      Also include the FDA docket number                    information on prescription drug
                                                Time: May 29, 2015, 8:00 a.m. to                                                                            product perceptions. This will be
                                              Adjournment.                                            found in brackets in the heading of this
                                                Agenda: To review and evaluate personal               document.                                             investigated in direct-to-consumer
                                              qualifications and performance, and                                                                           (DTC) and healthcare-directed
                                                                                                      FOR FURTHER INFORMATION CONTACT: FDA
                                              competence of individual investigators.                                                                       professional advertising for prescription
                                                                                                      PRA Staff, Office of Operations, Food                 drugs.
                                                Place: National Institutes of Health,
                                              Building 30, Room 117, NIH Campus,                      and Drug Administration, 8455
                                              Bethesda, MD 20892                                      Colesville Rd., COLE–14526, Silver                    Design Overview and Procedure
                                                Contact Person: Alicia J. Dombroski, Ph.D.,           Spring, MD 20993–0002, PRAStaff@                        The design consists of two pretests
                                              Director, Division of Extramural Activities,            fda.hhs.gov.                                          and a main study. We will conduct two
                                              Natl Inst of Dental and Craniofacial Research,                                                                sequential pretest waves prior to main
                                                                                                      SUPPLEMENTARY INFORMATION: In
                                              National Institutes of Health, Bethesda, MD
                                              20892, (301) 594–4805.                                  compliance with 44 U.S.C. 3507, FDA                   data collection. The purpose the pretests
                                                Information is also available on the                  has submitted the following proposed                  are to: (1) Ensure the stimuli are
                                              Institute’s/Center’s home page: http://                 collection of information to OMB for                  understandable and viewable; (2)
                                              www.nidcr.nih.gov/about/                                review and clearance.                                 identify and address any challenges to
                                              CouncilCommittees.asp, where an agenda                                                                        embedding the stimuli within the online
                                              and any additional information for the                  Comparative Price Information in                      survey; and (3) ensure the study
                                              meeting will be posted when available.                  Direct-to-Consumer and Professional                   questions are appropriate and meet the
                                              (Catalogue of Federal Domestic Assistance               Prescription Drug Advertisements—                     study’s goals. Participants in the
                                              Program Nos. 93.121, Oral Diseases and                  (0910–NEW)                                            pretests will be randomly assigned to
                                              Disorders Research, National Institutes of                 Section 1701(a)(4) of the Public                   one of two versions of an ad. One
                                              Health, HHS)
tkelley on DSK4VPTVN1PROD with NOTICES




                                                                                                      Health Service Act (42 U.S.C.                         version will present information about
                                                Dated: March 31, 2015.                                300u(a)(4)) authorizes the FDA to                     the price of the product relative to a
                                              David Clary,                                            conduct research relating to health                   competitor for the same indication
                                              Program Analyst, Office of Federal Advisory             information. Section 1003(d)(2)(C) of the             (Price Comparison). Another version
                                              Committee Policy.                                       Federal Food, Drug, and Cosmetic Act                  will present this information with
                                              [FR Doc. 2015–07738 Filed 4–3–15; 8:45 am]              (the FD&C Act) (21 U.S.C. 393(d)(2)(C))               additional contextual information that
                                              BILLING CODE 4140–01–P                                  authorizes FDA to conduct research                    the two drugs may not be comparable in


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                                              18408                                       Federal Register / Vol. 80, No. 65 / Monday, April 6, 2015 / Notices

                                              terms of efficacy and safety and that the                                   Practitioners (e.g., Family Practice,                          level 2) and study sponsorship (FDA vs.
                                              acquisition costs do not necessarily                                        General Practice, Internal Medicine) and                       Public Health Agency) disclosure on
                                              reflect actual prices paid (Price                                           Specialists (e.g., Endocrinology, Pain                         physician response rates (see Exhibit 1).
                                              Comparison + Additional Context).                                           Management). Pretest 2 has a two-fold                          Pretest 2 will therefore provide a
                                                Participants in Pretest 1 will be                                         purpose. In addition to the                                    comparison of recruitment approaches,
                                              consumers (n=400) who self-identify as                                      measurement and stimuli verification                           identify ways to optimize response
                                              having been diagnosed with diabetes.                                        issues identified above, we will also                          rates, and provide a ‘‘dry run’’ of
                                              Pretest 2 will be conducted with                                            conduct an experiment to evaluate the                          experimental study recruitment
                                              physicians (n=1,000) who are General                                        impact of incentive level (level 1 vs.                         procedures.

                                                                         EXHIBIT 1—PRETEST 2 DESIGN, INCENTIVE LEVEL BY STUDY SPONSORSHIP BY TYPE OF AD
                                                                                                                                                                                Type of ad

                                                                                                                                                                                        Price comparison + additional
                                                                                                                                                        Price comparison
                                                                   Study sponsor                                                                                                                  context                   Total

                                                                                                                                                                       Public Health                        Public Health
                                                                                                                                                    FDA                                      FDA
                                                                                                                                                                         Agency                               Agency

                                              Incentive Level ...........................................          Level 1 ........                           125                125                125               125           500
                                                                                                                   Level 2 ........                           125                125                125               125           500

                                                    Total ....................................................      .....................                     250                250                250               250       1,000



                                                In the main study phase, physician                                        product safety and efficacy, perceptions                       sufficient power to detect small-to-
                                              (n=1440) and consumer (n=1,500)                                             and understanding of the additional                            medium sized effects.
                                              participants will be randomly assigned                                      contextual information, perceptions of                           In addition to the Price Comparison
                                              to view one of three possible versions of                                   comparative safety and efficacy,                               and Price Comparison + Additional
                                              a DTC or professional ad for a fictitious                                   perceptions of the comparator product,                         Context ads used in pretesting, a third
                                              prescription drug for diabetic                                              and intention to seek more information                         ad version will have a claim about the
                                              neuropathy and will be asked to                                             about the product (see Exhibit 2). This                        price of the product but will not present
                                              complete an online survey to assess                                         sample size will provide us with                               information about the price relative to a
                                              their perceptions and understanding of                                                                                                     competitor, and will act as a control.
                                                                                                                                EXHIBIT 2—MAIN STUDY DESIGN
                                                                                                                                            Type of price comparison

                                                                                                                                                                                                                 Price
                                                                                                                                                                                           Price             information
                                                                                                                                                                         Price         comparison +
                                                                                                  Sample                                                                                                       only (no     Total
                                                                                                                                                                       comparison        additional         comparison/
                                                                                                                                                                                          context              control)

                                              Consumers (DTC ad) ......................................................................................                          500                500               500       1,500
                                              Physicians (Professional ad) ...........................................................................                           480                480               480       1,440

                                                    Total ..........................................................................................................             980                980               980       2,940



                                                Participants will be consumers who                                        notice requesting public comment on                               (Response) We thank Ms. Lippert for
                                              self-identify as having been diagnosed                                      the proposed collection of information.                        her comment.
                                              with diabetes and physicians who are                                        Two submissions were received; one                                (Comment 2 from AbbVie) To prevent
                                              General Practitioners (e.g., Family                                         from Ms. Lenisse Lippert of Quality                            fatigue, online market research surveys
                                              Practice, General Practice, Internal                                        Matrix Solutions, and one from AbbVie                          do not generally exceed 20 minutes.
                                              Medicine) and Specialists (e.g.,                                            biopharmaceutical company, which                               Given that FDA is trying to make the
                                              Endocrinology, Pain Management). All                                        contained multiple comments. We                                most of their survey opportunity by
                                              participants will be 18 years of age or                                     summarize and respond to these                                 asking many questions, it would be wise
                                              older. We will exclude individuals from                                     comments below.                                                to place the meatier pricing related
                                              the consumer sample who work in                                                                                                            questions earlier in the survey when
                                              healthcare, pharmaceutical, or                                                 (Comment 1 from Lenisse Lippert,                            respondents are still engaged.
                                              marketing settings because their                                            Quality Matrix Solutions) ‘‘I would like                          (Response) We take the survey length
                                              knowledge and experiences may not                                           to participate in the industry feedback                        very seriously. We are sensitive to
                                                                                                                          on a proposed study to better
tkelley on DSK4VPTVN1PROD with NOTICES




                                              reflect those of the average consumer.                                                                                                     issues regarding respondent fatigue and
                                              Recruitment and administration of the                                       understand direct-to-consumer                                  its impact upon completion rates and
                                              study will take place over the Internet.                                    advertisements that compare drug                               thus have placed items that are most
                                              Participation is estimated to take                                          pricing, and how that information                              likely to be influenced by respondent
                                              approximately 30 minutes.                                                   affects a consumer’s perception of a                           fatigue (open-ended questions) at the
                                                In the Federal Register of May 7, 2014                                    drug’s overall safety and efficacy versus                      beginning of the survey. We have
                                              (79 FR 26255), FDA published a 60-day                                       the comparator product.’’                                      employed similar online surveys on


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                                                                                          Federal Register / Vol. 80, No. 65 / Monday, April 6, 2015 / Notices                                                                                                     18409

                                              several previous studies, and we have                                         (Comment 4 from AbbVie) It is                                                (Comment 6 from AbbVie) We
                                              obtained high completion rates,                                            unclear if the drug examples (X and Y)                                        recommend this ad explicitly present
                                              typically 90 percent or higher. For                                        are real world medicines that could be                                        contextual information that the two
                                              example, on a recent study                                                 taken by the patient respondents. If so,                                      drugs may not be comparable in terms
                                              (Experimental Study: Examination of                                        do respondents need to be aware of each                                       of efficacy and safety (i.e., the products
                                              Corrective Direct-to-Consumer                                              product? If they need not be aware, you                                       are not interchangeable)
                                              Television Advertising [OMB control                                        will need to balance the samples for any                                      notwithstanding price comparisons.
                                              number 0910–0737]), we had a pool of                                       differences between cells. In addition,                                       This would permit FDA to assess
                                              1,071 eligible respondents, and only 14                                    the cells will also need to be balanced                                       whether it has provided enough
                                              of those respondents failed to complete                                    for current drug usage to prevent                                             contextual information so that the
                                              the survey. We anticipate that the                                         additional bias.                                                              audience understands that the products
                                              completion rate for this study will be                                        (Response) We have constructed a                                           are not interchangeable. Consequently,
                                              similar.                                                                   fictional product for use in this study to                                    there would be a response choice in the
                                                 (Comment 3 from AbbVie) In both                                         control for effects that might result as a                                    questionnaire that allows a respondent
                                              surveys, respondents are asked many                                        consequence of having taken the                                               to acknowledge the products are not
                                              questions about product X that appear                                      product in the past. The comparator is                                        interchangeable. AbbVie suggests that
                                              positively stated. Therefore, there is a                                   a real product. We will measure                                               an option be added that reads, ‘‘The
                                              risk of a bias by asking the critical                                      participants’ experience with                                                 brochure left the impression that Drug
                                              pricing and language questions after the                                   medication for this condition, prior                                          X’s efficacy (and safety) should not be
                                              respondent has already been exposed to                                     exposure to advertising for the                                               compared to Drug Y’s; the products are
                                              many product X questions and                                               comparator, and prior experience taking                                       not interchangeable.’’
                                              supposed attributes. To avoid bias, the                                    the comparator. Responses to these
                                              most critical questions should appear as                                   questions can be used as covariates in                                          (Response) The context language is
                                              up front in the surveys as possible.                                       analysis.                                                                     based on feedback from the cognitive
                                                 (Response) Of greatest interest to FDA                                     (Comment 5 from AbbVie) The                                                interviews. We appreciate the comment
                                              is the question of whether presence or                                     questions on the physician survey                                             and have added a question to assess
                                              absence of price comparison                                                should be at a higher level language                                          participants’ attitudes about the context
                                              information and contextual information                                     versus the general population. We note                                        with regard to interchangeability of the
                                              influences outcomes such as                                                the questions in the patient                                                  products being compared.
                                              perceptions of comparative safety and                                      questionnaire seem to vary in reading                                           (Comment 7 from AbbVie) It is not
                                              efficacy, perceptions of the comparator                                    level required to comprehend them. We                                         clear what type of cost information is
                                              product, and intentions to seek more                                       recommend that FDA review the                                                 being presented in these ads. We suggest
                                              information about the advertised                                           questions for consistency so as not [to]                                      that the advertisement should make
                                              product. Placing pricing related                                           introduce a reading bias.                                                     clear what costs are being presented, for
                                              questions near the beginning of the                                           (Response) We appreciate this                                              what doses, and over what time frames
                                              survey would likely bias participants to                                   comment. We have conducted cognitive                                          so that readers are comparing ‘apples to
                                              think about pricing information more                                       interviews (OMB control number 0910–                                          apples’ when viewing the ads. If study
                                              than they would under natural                                              0695) to refine and improve the survey                                        budget allows, it would be ideal to test
                                              conditions, which may influence their                                      questions. We will also be conducting                                         a variety of cost information.
                                              responses to the aforementioned critical                                   two rounds of pretesting which will
                                              dependent variables. Although current                                      provide an additional opportunity to                                            (Response) The price comparison is
                                              question ordering may bias responses to                                    identify and remove questions that do                                         for the same indication on a yearly
                                              pricing related questions, we believe                                      not function as intended, further                                             basis. We agree that it would be
                                              this outcome is less consequential than                                    refining the questionnaire prior to the                                       informative to expand the study to test
                                              the reverse, as suggested in this                                          main study. These activities include                                          a variety of cost information but do not
                                              comment. Consequently, we intend to                                        consideration of language level and                                           have the resources to do so.
                                              retain the current order of questions in                                   whether it is appropriate for the                                               FDA estimates the burden of this
                                              the survey.                                                                participants being surveyed.                                                  collection of information as follows:

                                                                                                             TABLE 1—ESTIMATED ANNUAL REPORTING BURDEN 1
                                                                                                                                                                      Number of
                                                                                                                                         Number of                                             Total annual               Average burden
                                                                                   Activity                                                                         responses per                                                                          Total hours
                                                                                                                                        respondents                                            respondents                 per response
                                                                                                                                                                      respondent

                                              Sample outgo (pretests and main survey) ......................                                        41,110         ........................   ........................    ............................   ........................
                                              Screener completes ........................................................                            7,400                               1                   7,400       0.03 (2 minutes)                                  222
                                              Eligible .............................................................................                 4,933         ........................   ........................    ............................   ........................
                                              Completes, Pretests Phase 1 .........................................                                    400                               1                      400      0.5 (30 minutes)                                  200
                                              Completes, Pretest Phase 2 ...........................................                                 1,000                               1                   1,000       0.5 (30 minutes)                                  500
                                              Completes, Main Study ...................................................                              2,940                               1                   2,940       0.5 (30 minutes)                               1,470

                                                     Total .........................................................................   ........................    ........................   ........................   ............................                  2,392
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                                                 1   There are no capital costs or operating and maintenance costs associated with this collection of information.




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                                              18410                           Federal Register / Vol. 80, No. 65 / Monday, April 6, 2015 / Notices

                                                Dated: March 31, 2015.                                and format of the same labeling that                  labeling. They will not be interacting
                                              Leslie Kux,                                             FDA researchers will develop using the                with the device and this will be a
                                              Associate Commissioner for Policy.                      existing labeling as their source of the              usability test; they will be responding to
                                              [FR Doc. 2015–07818 Filed 4–3–15; 8:45 am]              information.                                          scenarios to search for information.
                                              BILLING CODE 4164–01–P
                                                                                                         Building upon the research                            (Comment 3) One comment stated
                                                                                                      methodology and success of the                        that FDA should ask the question,
                                                                                                      approach FDA used to evaluate drug                    particularly to physicians, whether the
                                              DEPARTMENT OF HEALTH AND                                labeling, we propose to measure the                   standard of care requires them to read
                                              HUMAN SERVICES                                          usability and usefulness of a draft                   the user instructions and understand the
                                                                                                      standard content and format of device                 product’s warning.
                                              Food and Drug Administration                            labeling against existing manufacturer                   (Response) This study is the third part
                                                                                                      labeling of the same device. This will                of a three-part study. FDA performed
                                              [Docket No. FDA–2014–N–1219]                                                                                  focus groups of health care practitioners
                                                                                                      support our research that has already
                                              Agency Information Collection                           been done to assess whether health care               asking them what they want in labeling,
                                                                                                      practitioners (HCPs) find the format and              where do they find labeling, what are
                                              Activities; Submission for Office of
                                                                                                      content of device labeling to be clear,               the most important sections of labeling,
                                              Management and Budget Review;
                                                                                                      understandable, useful, and user                      and whether they even look at labeling.
                                              Comment Request; Survey of Health
                                                                                                      friendly (OMB control number 0910–                    Their responses indicated that they do
                                              Care Practitioners for Device Labeling
                                                                                                      0715). Findings will provide evidence to              not look at labeling because it is
                                              Format and Content
                                                                                                      inform FDA’s planned regulatory                       complicated and they typically cannot
                                              AGENCY:    Food and Drug Administration,                approach to standardizing medical                     find the information they want in one
                                              HHS.                                                    device labeling across the United States.             section. They stated they would like an
                                              ACTION:   Notice.                                          In the Federal Register of September               abbreviated version of labeling in order
                                                                                                      12, 2014 (79 FR 54727), FDA published                 to find use information more easily,
                                              SUMMARY:   The Food and Drug                            a 60-day notice requesting public                     they would like a standard content of
                                              Administration (FDA) is announcing                      comment on the proposed collection of                 labeling, and they also would like to
                                              that a proposed collection of                           information. FDA used comments from                   find it electronically and in one place if
                                              information has been submitted to the                   the medical device industry, health care              possible.
                                              Office of Management and Budget                         professionals, caregivers, and patients to               FDA does not regulate the practice of
                                              (OMB) for review and clearance under                    help formulate the objectives and define              medicine; we do, however, regulate
                                              the Paperwork Reduction Act of 1995.                    the scope of this study. The received                 labeling that accompanies a device.
                                              DATES: Fax written comments on the                      comments are followed by FDA’s                        Based on the previous phases of the
                                              collection of information by May 6,                     responses as follows:                                 studies already done, we now want to
                                              2015.                                                      (Comment 1) One comment stated                     test a standard content of labeling
                                                                                                      that FDA should coordinate with the                   against an existing piece of the same
                                              ADDRESSES: To ensure that comments on
                                                                                                      American Society for Testing and                      labeling to see if health care
                                              the information collection are received,
                                                                                                      Materials (ASTM) as they already have                 practitioners can find what they need in
                                              OMB recommends that written
                                                                                                      published a consensus standard (F2943)                a consistent and easy way. This is a
                                              comments be faxed to the Office of
                                                                                                      on this topic. This standard resulted                 cognitive testing of a standard content of
                                              Information and Regulatory Affairs,
                                                                                                      from the work of a multi-stakeholder                  labeling and does not include questions
                                              OMB, Attn: FDA Desk Officer, FAX:
                                                                                                      working group.                                        regarding whether or not someone is
                                              202–395–7285, or emailed to oira_                          (Response) FDA reviewed the                        required to read the labeling before
                                              submission@omb.eop.gov. All                             consensus standard (F2943) when we                    using the device.
                                              comments should be identified with the                  drafted the outline for this study. We                   We will be using outside experts to
                                              title Survey of Health Care Practitioners               consulted with a member of the ASTM                   develop the protocol, develop the
                                              for Device Labeling Format and Content.                 committee. We also requested a member                 scenarios, develop the draft
                                              Also include the FDA docket number                      of the committee to be on our strategic               standardized labeling, perform the
                                              found in brackets in the heading of this                planning committee for this study.                    testing, and provide a summary of the
                                              document.                                                  (Comment 2) A comment stated that                  study. This is being done through the
                                              FOR FURTHER INFORMATION CONTACT: FDA                    FDA does not follow the guidance on                   Entrepreneurs in Residence program
                                              PRA Staff, Office of Operations, Food                   formative human factors and usability                 that is funded by the White House to
                                              and Drug Administration, 8455                           studies. The guidance provides good                   use outside experts and their special
                                              Colesville Rd., COLE–14526, Silver                      direction on appropriately choosing                   knowledge and skills to work on an
                                              Spring, MD 20993–0002, PRAStaff@                        representative end users, replicating the             innovative idea that helps the
                                              fda.hhs.gov.                                            intended user environment, and                        government when faced with a unique
                                              SUPPLEMENTARY INFORMATION: In                           evaluating the user-product interface                 problem. Dr. Daryle Gardner-Bonneau is
                                              compliance with 44 U.S.C. 3507, FDA                     (see FDA draft guidance ‘‘Applying                    a renowned social scientist and human
                                              has submitted the following proposed                    Human Factors and Usability                           factors specialist who has worked with
                                              collection of information to OMB for                    Engineering to Optimize Medical Device                the device industry, standards
                                              review and clearance.                                   Design’’ issued on June 22, 2011).                    organizations, and the National
                                                                                                         (Response) FDA had designed the                    Research Council on issues with
                                              Survey of Health Care Practitioners for                 protocol for this study with a human                  medical device labeling. Patricia
                                              Device Labeling Format and Content—
tkelley on DSK4VPTVN1PROD with NOTICES




                                                                                                      factors expert and a social scientist. In             Kingsley is a former FDA employee who
                                              21 CFR Part 801 (OMB Control Number                     this particular study, we will be doing               worked on medical device labeling
                                              0910–NEW)                                               a cognitive test of the health care                   issues. Nancy Ostrove is a former FDA
                                                The purpose of this study is to                       practitioners. They will be asked to find             employee who worked on surveys and
                                              compare existing device labeling from                   a piece of information in the draft                   studies with drug community when the
                                              approximately six different types of                    outline of standard content of labeling,              Center for Drug Evaluation and Research
                                              medical devices with a standard content                 or in the manufacturer’s existing                     was developing standardized labeling


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Document Created: 2015-12-18 11:18:04
Document Modified: 2015-12-18 11:18:04
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice.
DatesFax written comments on the collection of information by May 6, 2015.
ContactFDA PRA Staff, Office of Operations, Food and Drug Administration, 8455 Colesville Rd., COLE-14526, Silver Spring, MD 20993-0002, [email protected]
FR Citation80 FR 18407 

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