80_FR_47141 80 FR 46990 - Brief Summary and Adequate Directions for Use: Disclosing Risk Information in Consumer-Directed Print Advertisements and Promotional Labeling for Prescription Drugs; Revised Draft Guidance for Industry (Revision 2); Availability

80 FR 46990 - Brief Summary and Adequate Directions for Use: Disclosing Risk Information in Consumer-Directed Print Advertisements and Promotional Labeling for Prescription Drugs; Revised Draft Guidance for Industry (Revision 2); Availability

DEPARTMENT OF HEALTH AND HUMAN SERVICES
Food and Drug Administration

Federal Register Volume 80, Issue 151 (August 6, 2015)

Page Range46990-46993
FR Document2015-19244

The Food and Drug Administration (FDA) is announcing the reissuance of a revised draft guidance for industry (Revision 2) entitled ``Brief Summary and Adequate Directions for Use: Disclosing Risk Information in Consumer-Directed Print Advertisements and Promotional Labeling for Prescription Drugs.'' We are reissuing the revised draft guidance to incorporate animal prescription drugs. This reissued revised draft guidance, when finalized, will assist manufacturers, packers, and distributors (firms) of human prescription drugs, including biologics, and animal prescription drugs, with meeting the brief summary requirement for prescription drug advertising and the requirement that adequate directions for use be included with promotional labeling for prescription drugs when print materials are directed toward consumers.

Federal Register, Volume 80 Issue 151 (Thursday, August 6, 2015)
[Federal Register Volume 80, Number 151 (Thursday, August 6, 2015)]
[Notices]
[Pages 46990-46993]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-19244]


=======================================================================
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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2004-D-0500] (formerly Docket No. 2004D-0042)


Brief Summary and Adequate Directions for Use: Disclosing Risk 
Information in Consumer-Directed Print Advertisements and Promotional 
Labeling for Prescription Drugs; Revised Draft Guidance for Industry 
(Revision 2); Availability

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice of availability.

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

SUMMARY: The Food and Drug Administration (FDA) is announcing the 
reissuance of a revised draft guidance for industry (Revision 2) 
entitled ``Brief Summary and Adequate Directions for Use: Disclosing 
Risk Information in Consumer-Directed Print Advertisements and 
Promotional Labeling for Prescription Drugs.'' We are reissuing the 
revised draft guidance to incorporate animal prescription drugs. This 
reissued revised draft guidance, when finalized, will assist 
manufacturers, packers, and distributors (firms) of human prescription 
drugs, including biologics, and animal prescription drugs, with meeting 
the brief summary requirement for prescription drug advertising and the 
requirement that adequate directions for use be included with 
promotional labeling for prescription drugs when print materials are 
directed toward consumers.

DATES: Although you can comment on any guidance at any time (see 21 CFR 
10.115(g)(5)), to ensure that the Agency considers your comments on 
this reissued revised draft guidance before it

[[Page 46991]]

begins work on the final version of the guidance, submit either 
electronic or written comments on the reissued revised draft guidance 
by October 5, 2015. Submit either electronic or written comments on the 
proposed collection of information by October 5, 2015.

ADDRESSES: Submit written requests for single copies of the reissued 
revised draft guidance to the Division of Drug Information, Center for 
Drug Evaluation and Research, Food and Drug Administration, 10001 New 
Hampshire Ave. Hillandale Building, 4th Floor, Silver Spring, MD 20993-
0002; to the Office of Communication, Outreach and Development, Center 
for Biologics Evaluation and Research, Food and Drug Administration, 
10903 New Hampshire Ave., Bldg. 71, Rm. 3128, Silver Spring, MD 20993-
0002; or to the Policy and Regulations Staff (HFV-6), Center for 
Veterinary Medicine, Food and Drug Administration, 7519 Standish Pl., 
Rockville, MD 20855. Send one self-addressed adhesive label to assist 
that office in processing your request. See the SUPPLEMENTARY 
INFORMATION section for electronic access to the revised draft guidance 
document.
    Submit electronic comments on the reissued revised draft guidance 
to http://www.regulations.gov. Submit written comments to the Division 
of Dockets Management (HFA-305), Food and Drug Administration, 5630 
Fishers Lane, Rm. 1061, Rockville, MD 20852.

FOR FURTHER INFORMATION CONTACT: Regarding human prescription drugs: 
Julie Chronis, Center for Drug Evaluation and Research, Food and Drug 
Administration, 10903 New Hampshire Ave., Bldg. 51, Silver Spring, MD 
20993-0002, 301-796-1200. Regarding human prescription biological 
products: Stephen Ripley, Center for Biologics Evaluation and Research, 
Food and Drug Administration, 10903 New Hampshire Ave. Bldg. 71, Rm. 
7301, Silver Spring, MD 20993-0002, 240-402-7911. Regarding animal 
prescription drugs: Thomas Moskal, Center for Veterinary Medicine, Food 
and Drug Administration, 7519 Standish Pl. Rockville, MD 20855-2792, 
240-402-6251.

SUPPLEMENTARY INFORMATION: 

I. Background

    FDA is announcing the reissuance of a revised draft guidance for 
industry entitled ``Brief Summary and Adequate Directions for Use: 
Disclosing Risk Information in Consumer-Directed Print Advertisements 
and Promotional Labeling for Prescription Drugs.'' We are reissuing the 
revised draft guidance to incorporate animal prescription drugs; there 
are no other revisions to the revised draft guidance for industry 
issued February 9, 2015 (80 FR 6998).
    As stated previously, the revised draft guidance updates prior FDA 
policy and describes the Agency's current thinking regarding the brief 
summary requirement for consumer-directed print prescription drug 
advertisements. Specifically, the revised draft guidance includes 
recommendations for developing a consumer brief summary and notes that, 
so long as firms include appropriate information in a print 
advertisement as outlined in the revised draft guidance, FDA does not 
intend to object for a failure to include certain other information.
    Additionally, the revised draft guidance provides new 
recommendations regarding the adequate directions for use requirement 
for consumer-directed print promotional labeling for prescription drug 
products. Although the requirement in 21 CFR 201.100(d) and 21 CFR 
201.105(d) for firms to provide adequate information for use is 
generally fulfilled by providing the full FDA-approved package insert 
(PI), the revised draft guidance provides that, in exercising its 
enforcement discretion, FDA does not intend to object for failure to 
include the full PI with consumer-directed print promotional labeling 
pieces if firms include the appropriate information as outlined in the 
revised draft guidance, i.e., the same information in the consumer 
brief summary. This recommendation is designed to standardize the 
information consumers receive in print prescription drug product 
advertisements and promotional labeling and to make information more 
understandable to consumers.
    FDA issued a draft guidance in the Federal Register of February 10, 
2004 (69 FR 6308), entitled ``Brief Summary: Disclosing Risk 
Information in Consumer-Directed Print Advertisements.'' FDA requested 
comments on whether the draft guidance provided sufficient guidance on 
the content of the consumer brief summary and also requested research 
results on potential formats for the consumer brief summary. Comments, 
suggestions, and research were submitted to Docket No. 2004D-0042 and 
were carefully analyzed and considered before developing the revised 
draft guidance.
    FDA issued the revised draft guidance in the Federal Register of 
February 9, 2015, giving interested parties an opportunity to submit 
comments by May 11, 2015. We are reissuing the revised draft guidance 
to incorporate animal prescription drugs; there are no other revisions 
to the revised draft guidance issued February 2015.
    The revised draft guidance incorporates information from recent 
social science research, clarifies the risk information that should be 
included in the consumer brief summary, and recommends several 
formatting options for this information. The revised draft guidance 
also recommends the use of consumer-friendly language and visual 
techniques to improve accessibility for consumers. Additionally, the 
revised draft guidance recommends that firms not disseminate the full 
PI to fulfill the requirements in Sec.  201.100(d) for consumer-
directed print promotional labeling for prescription drugs. Rather, the 
revised draft guidance recommends that firms provide the same content 
and format created for the consumer brief summary. FDA is issuing the 
revised guidance as a draft to allow for public comment on the 
recommendations.
    The reissued revised draft guidance is being issued consistent with 
FDA's good guidance practices regulations (21 CFR 10.115). The reissued 
revised draft guidance, when finalized, will represent FDA's current 
thinking on the brief summary and adequate directions for use 
requirements. It does not create or confer any rights for or on any 
person and does not operate to bind FDA or the public. An alternative 
approach may be used if such approach satisfies the requirements of the 
applicable statutes and regulations.

II. The Paperwork Reduction Act of 1995

    Under the Paperwork Reduction Act of 1995 (the PRA) (44 U.S.C. 
3501-3520), Federal Agencies must obtain approval from the Office of 
Management and Budget (OMB) for each collection of information they 
conduct or sponsor. ``Collection of information'' is defined in 44 
U.S.C. 3502(3) and 5 CFR 1320.3(c) and includes Agency requests or 
requirements that members of the public submit reports, keep records, 
or provide information to a third party. Section 3506(c)(2)(A) of the 
PRA (44 U.S.C. 3506(c)(2)(A)) requires Federal Agencies to provide a 
60-day notice in the Federal Register concerning each proposed 
collection of information before submitting the collection to OMB for 
approval. To comply with this requirement, FDA is publishing notice of 
the proposed collection of information set forth in this document. The 
revised draft guidance also refers to previously approved collection of 
information found in FDA regulations.

[[Page 46992]]

    With respect to the following collection of information, FDA 
invites comments on these topics: (1) Whether the proposed collection 
of information is necessary for the proper performance of FDA's 
functions, including whether the information will have practical 
utility; (2) the accuracy of FDA's estimate of the burden of the 
proposed collection of information, including the validity of the 
methodology and assumptions used; (3) ways to enhance the quality, 
utility, and clarity of the information collected; and (4) ways to 
minimize the burden of information collected on the respondents, 
including through the use of automated collection techniques, when 
appropriate, and other forms of information technology.
    Title: Brief Summary and Adequate Directions for Use: Disclosing 
Risk Information in Consumer-Directed Print Advertisements and 
Promotional Labeling for Prescription Drugs.
    Description of Respondents: Respondents to this collection of 
information are manufacturers, packers, and distributors (firms) of 
human and animal prescription drug products, including biological 
products for use in humans.
    Burden Estimate: The reissued revised draft guidance pertains to 
the brief summary requirement for prescription drug advertising and the 
requirement that adequate directions for use be included with 
promotional labeling for human and animal prescription drugs when print 
materials are directed toward consumers.
    The reissued revised draft guidance, in part, explains FDA's 
current policy position that FDA does not intend to object for failure 
to include the entire PI to fulfill the requirements of Sec. Sec.  
201.100(d) and 201.105(d)(1) for promotional labeling pieces directed 
toward consumers, if firms instead provide information on the most 
serious and the most common risks associated with the product, while 
omitting less important information. Specifically, FDA recommends that 
any Boxed Warning, all Contraindications, certain information regarding 
Warnings and Precautions (i.e., the most clinically significant 
information from the Warnings and Precautions section of the PI, 
information that would affect a decision to prescribe or take a drug, 
monitoring or laboratory tests that may be needed, special precautions 
not set forth in other parts of the PI, and measures that can be taken 
to prevent or mitigate harm), and the most frequently occurring Adverse 
Reactions should be included.
    Furthermore, FDA recommends that information should include the 
indication for the use being promoted. Information regarding patient 
directives (such as ``discuss with your health care provider any pre-
existing conditions'' or ``tell your health care provider if you are 
taking any medications'') should also be included. Other types of 
information may be included if relevant to the drug or specific 
indication referred to in the promotional material(s). A statement 
should be included that more comprehensive information can be obtained 
from various sources, including the firm.
    Thus, the reissued revised draft guidance recommends that firms 
disclose certain information to others in place of the PI to fulfill 
the requirements in Sec. Sec.  201.100(d) and 201.105(d). This ``third-
party disclosure'' constitutes a ``collection of information'' under 
the PRA.
    FDA estimates that approximately 400 firms subject to Sec.  
201.100(d) disseminate 24,000 consumer-directed print promotional 
labeling pieces annually. FDA estimates that approximately 40 firms 
subject to Sec.  201.105(d) disseminate 2,000 consumer-directed print 
promotional labeling pieces annually. FDA estimates that it will take 
firms approximately 10 hours to compile and draft the information 
needed to provide the information recommended in the revised draft 
guidance. Please note that the requirements related to print 
advertising pieces and the associated burden is already accounted for 
under the requirements under 21 CFR 202.1 and its approved information 
collection OMB control number 0910-0686 and, therefore, is not included 
in the burden estimate reported in table 1.

                                 Table 1--Estimated Annual Reporting Burden \1\
----------------------------------------------------------------------------------------------------------------
  Adequate information for use:
 Disclosing risk information in      Number of       Number of     Total annual      Hours per
  consumer-directed promotional     respondents     disclosures     disclosures     disclosure      Total hours
            labeling                              per respondent
----------------------------------------------------------------------------------------------------------------
Disclosures Related to Adequate              400              60          24,000              10         240,000
 Information for Use (Sec.
 201.100(d))....................
Disclosures Related to Adequate               40              50           2,000              10          20,000
 Information for Use (Sec.
 201.105(d))....................
----------------------------------------------------------------------------------------------------------------
\1\ There are no capital costs or operating and maintenance costs associated with this collection of
  information.

    This reissued revised draft guidance also refers to previously 
approved collections of information found in FDA regulations with 
respect to the brief summary requirement for print advertisements. 
These collections of information are subject to review by OMB under the 
PRA. The collection of information in Sec.  202.1 has been approved 
under OMB control number 0910-0686.

III. Comments

    In addition to general comments, FDA specifically requests comments 
on the following issues:
     In the revised draft guidance, FDA provides 
recommendations regarding the content and format of the consumer brief 
summary. Is this the most useful information for consumers to use in 
determining whether to take a medication or seek more information about 
a product, and if not, what information would be more useful?
     FDA is also interested in relevant research that has been 
conducted or alternative formats that were developed after we received 
comments on the 2004 draft guidance.
     In the revised draft guidance, FDA suggests that the 
adequate directions for use requirement be fulfilled by providing the 
consumer brief summary rather than the full PI for the product. FDA 
seeks comments regarding this recommendation.
    Persons who commented on the version of the revised draft guidance 
issued in February 2015 do not need to resubmit their comments. When 
finalizing the revised draft guidance, we will review comments received 
on this reissued version, as well as the version issued February 2015.
    Interested persons may submit either electronic comments regarding 
this document to http://www.regulations.gov or written comments to the 
Division of Dockets Management (see ADDRESSES). It

[[Page 46993]]

is only necessary to send one set of comments. Identify 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.

IV. Electronic Access

    Persons with access to the Internet may obtain the document at 
http://www.fda.gov/Drugs/GuidanceComplianceRegulatoryInformation/Guidances/default.htm, http://www.fda.gov/BiologicsBloodVaccines/GuidanceComplianceRegulatoryInformation/default.htm, http://www.fda.gov/AnimalVeterinary/GuidanceComplianceEnforcement/GuidanceforIndustry/default.htm, or http://www.regulations.gov.

    Dated: July 31, 2015.
Leslie Kux,
Associate Commissioner for Policy.
[FR Doc. 2015-19244 Filed 8-5-15; 8:45 am]
BILLING CODE 4164-01-P



                                              46990                         Federal Register / Vol. 80, No. 151 / Thursday, August 6, 2015 / Notices

                                              mailed to consumers) × $16.56 per                        comments before placing them on the                  the Commission by courier or overnight
                                              hour.8]                                                  Commission Web site.                                 service.
                                                As elaborated on above, staff                             Because your comment will be made                   The FTC Act and other laws that the
                                              estimates that a total of 14,560 labor                   public, you are solely responsible for               Commission administers permit the
                                              hours will be needed to negotiate or                     making sure that your comment does                   collection of public comments to
                                              renegotiate outsourced service contracts                 not include any sensitive personal                   consider and use in this proceeding as
                                              annually (or as conditions otherwise                     information, like anyone’s Social                    appropriate. The Commission will
                                              change) to increase internet (8,320                      Security number, date of birth, driver’s             consider all timely and responsive
                                              hours) and telephone (6,240 hours)                       license number or other state                        public comments that it receives on or
                                              capacity requirements for internet web                   identification number or foreign country             before October 5, 2015. For information
                                              services and the automated telephone                     equivalent, passport number, financial               on the Commission’s privacy policy,
                                              call center. This will result in                         account number, or credit or debit card              including routine uses permitted by the
                                              approximately $953,971 per year in                       number. You are also solely responsible              Privacy Act, see http://www.ftc.gov/ftc/
                                              labor costs. [14,560 hours × $65.52 per                  for making sure that your comment does               privacy.htm.
                                              hour 9]                                                  not include any sensitive health
                                                                                                       information, like medical records or                 David C. Shonka,
                                                Thus, estimated cumulative labor will                                                                       Principal Deputy General Counsel.
                                              costs are $7,276,430.                                    other individually identifiable health
                                                                                                       information. In addition, do not include             [FR Doc. 2015–19378 Filed 8–5–15; 8:45 am]
                                              G. Capital/Non-Labor Costs                               any ‘‘[t]rade secret or any commercial or            BILLING CODE 6750–01–P

                                                As in the previous PRA clearance                       financial information which is . . .
                                              analysis, FTC staff believes it is likely                privileged or confidential’’ as provided
                                              that consumer reporting agencies will                    in section 6(f) of the FTC Act 15 U.S.C.             DEPARTMENT OF HEALTH AND
                                              use third-party contractors (instead of                  46(f), and FTC Rule 4.10(a)(2), 16 CFR               HUMAN SERVICES
                                              their own employees) to increase the                     4.10(a)(2). In particular, do not include
                                                                                                       competitively sensitive information                  Food and Drug Administration
                                              capacity of their systems. Because of the
                                              way these contracts are typically                        such as costs, sales statistics,                     [Docket No. FDA–2004–D–0500] (formerly
                                              established, these costs will likely be                  inventories, formulas, patterns devices,             Docket No. 2004D–0042)
                                              incurred on a continuing basis, and will                 manufacturing processes, or customer
                                              be calculated based on the number of                     names.                                               Brief Summary and Adequate
                                                                                                          If you want the Commission to give                Directions for Use: Disclosing Risk
                                              requests handled by the systems. Staff
                                                                                                       your comment confidential treatment,                 Information in Consumer-Directed
                                              estimates that the total annual amount
                                                                                                       you must file it in paper form, with a               Print Advertisements and Promotional
                                              to be paid for services delivered under
                                                                                                       request for confidential treatment, and              Labeling for Prescription Drugs;
                                              these contracts is $11,931,500.10
                                                                                                       you have to follow the procedure                     Revised Draft Guidance for Industry
                                              H. Net Burden for FTC, After 50:50 Split                 explained in FTC Rule 4.9(c).11 Your                 (Revision 2); Availability
                                                                                                       comment will be kept confidential only
                                                After halving the updated estimates to                                                                      AGENCY:    Food and Drug Administration,
                                                                                                       if the FTC General Counsel grants your
                                              split the PRA burden with the CFPB                                                                            HHS.
                                                                                                       request in accordance with the law and
                                              regarding the Rule, the FTC’s burden                                                                          ACTION:   Notice of availability.
                                                                                                       the public interest.
                                              totals are 198,176 hours, $3,638,215 in                     Postal mail addressed to the
                                              associated labor costs, and $5,965,750 in                                                                     SUMMARY:   The Food and Drug
                                                                                                       Commission is subject to delay due to
                                              non-labor/capital costs.                                                                                      Administration (FDA) is announcing the
                                                                                                       heightened security screening. As a
                                                                                                                                                            reissuance of a revised draft guidance
                                              III. Request for Comment                                 result, we encourage you to submit your
                                                                                                                                                            for industry (Revision 2) entitled ‘‘Brief
                                                                                                       comments online. To make sure that the
                                                You can file a comment online or on                                                                         Summary and Adequate Directions for
                                                                                                       Commission considers your online
                                              paper. For the Commission to consider                                                                         Use: Disclosing Risk Information in
                                                                                                       comment, you must file it at https://
                                              your comment, we must receive it on or                                                                        Consumer-Directed Print
                                                                                                       ftcpublic.commentworks.com/ftc/
                                              before October 5, 2015. Write ‘‘Subpart                                                                       Advertisements and Promotional
                                                                                                       regulationVsubpartNpra, by following
                                              N of Regulation V, PRA Comment,                                                                               Labeling for Prescription Drugs.’’ We are
                                                                                                       the instructions on the web-based form.
                                              P125403’’ on your comment. Your                                                                               reissuing the revised draft guidance to
                                                                                                       If this Notice appears at http://
                                              comment—including your name and                                                                               incorporate animal prescription drugs.
                                                                                                       www.regulations.gov/#!home, you also
                                              your state—will be placed on the public                                                                       This reissued revised draft guidance,
                                                                                                       may file a comment through that Web
                                              record of this proceeding, including to                                                                       when finalized, will assist
                                                                                                       site.
                                              the extent practicable, on the public                       If you file your comment on paper,                manufacturers, packers, and distributors
                                              Commission Web site, at http://                          write ‘‘Subpart N of Regulation V, PRA               (firms) of human prescription drugs,
                                              www.ftc.gov/os/publiccomments.shtm.                      Comment, P125403’’ on your comment                   including biologics, and animal
                                              As a matter of discretion, the                           and on the envelope, and mail or deliver             prescription drugs, with meeting the
                                              Commission tries to remove individuals’                  it to the following address: Federal                 brief summary requirement for
                                              home contact information from                            Trade Commission, Office of the                      prescription drug advertising and the
                                                                                                       Secretary, Constitution Center, 400 7th              requirement that adequate directions for
                                                8 See Occupational Employment and Wages—
                                                                                                       Street, SW. 5th Floor, Suite 5610                    use be included with promotional
                                              May 2014, Table 1, available at http://www.bls.gov/
                                                                                                       (Annex J), Washington, DC 20024. If                  labeling for prescription drugs when
                                              news.release/ocwage.nr0.htm (Office and                                                                       print materials are directed toward
tkelley on DSK3SPTVN1PROD with NOTICES




                                              administrative support workers, general).                possible, submit your paper comment to
                                                9 See supra notes 4 and 5.
                                                                                                                                                            consumers.
                                                10 This consists of an estimated $7,913,500 for          11 In particular, the written request for          DATES: Although you can comment on
                                              automated telephone cost ($1.33 per request × 5.95       confidential treatment that accompanies the          any guidance at any time (see 21 CFR
                                              million requests) and an estimated $4,018,000            comment must include the factual and legal basis
                                              ($0.14 per request × 28.7 million requests) for          for the request, and must identify the specific
                                                                                                                                                            10.115(g)(5)), to ensure that the Agency
                                              Internet web service cost. Per unit cost estimates are   portions of the comment to be withheld from the      considers your comments on this
                                              based on staff’s knowledge of the industry.              public record. See FTC Rule 4.9(c), 16 CFR 4.9(c).   reissued revised draft guidance before it


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                                                                           Federal Register / Vol. 80, No. 151 / Thursday, August 6, 2015 / Notices                                            46991

                                              begins work on the final version of the                 reissuing the revised draft guidance to               May 11, 2015. We are reissuing the
                                              guidance, submit either electronic or                   incorporate animal prescription drugs;                revised draft guidance to incorporate
                                              written comments on the reissued                        there are no other revisions to the                   animal prescription drugs; there are no
                                              revised draft guidance by October 5,                    revised draft guidance for industry                   other revisions to the revised draft
                                              2015. Submit either electronic or                       issued February 9, 2015 (80 FR 6998).                 guidance issued February 2015.
                                              written comments on the proposed                           As stated previously, the revised draft              The revised draft guidance
                                              collection of information by October 5,                 guidance updates prior FDA policy and                 incorporates information from recent
                                              2015.                                                   describes the Agency’s current thinking               social science research, clarifies the risk
                                              ADDRESSES: Submit written requests for                  regarding the brief summary                           information that should be included in
                                              single copies of the reissued revised                   requirement for consumer-directed print               the consumer brief summary, and
                                              draft guidance to the Division of Drug                  prescription drug advertisements.                     recommends several formatting options
                                              Information, Center for Drug Evaluation                 Specifically, the revised draft guidance              for this information. The revised draft
                                              and Research, Food and Drug                             includes recommendations for                          guidance also recommends the use of
                                              Administration, 10001 New Hampshire                     developing a consumer brief summary                   consumer-friendly language and visual
                                              Ave. Hillandale Building, 4th Floor,                    and notes that, so long as firms include              techniques to improve accessibility for
                                              Silver Spring, MD 20993–0002; to the                    appropriate information in a print                    consumers. Additionally, the revised
                                              Office of Communication, Outreach and                   advertisement as outlined in the revised              draft guidance recommends that firms
                                              Development, Center for Biologics                       draft guidance, FDA does not intend to                not disseminate the full PI to fulfill the
                                              Evaluation and Research, Food and                       object for a failure to include certain               requirements in § 201.100(d) for
                                              Drug Administration, 10903 New                          other information.                                    consumer-directed print promotional
                                              Hampshire Ave., Bldg. 71, Rm. 3128,                        Additionally, the revised draft                    labeling for prescription drugs. Rather,
                                              Silver Spring, MD 20993–0002; or to the                 guidance provides new                                 the revised draft guidance recommends
                                              Policy and Regulations Staff (HFV–6),                   recommendations regarding the                         that firms provide the same content and
                                              Center for Veterinary Medicine, Food                    adequate directions for use requirement               format created for the consumer brief
                                              and Drug Administration, 7519 Standish                  for consumer-directed print promotional               summary. FDA is issuing the revised
                                              Pl., Rockville, MD 20855. Send one self-                labeling for prescription drug products.              guidance as a draft to allow for public
                                              addressed adhesive label to assist that                 Although the requirement in 21 CFR                    comment on the recommendations.
                                                                                                      201.100(d) and 21 CFR 201.105(d) for                    The reissued revised draft guidance is
                                              office in processing your request. See
                                                                                                      firms to provide adequate information                 being issued consistent with FDA’s good
                                              the SUPPLEMENTARY INFORMATION section
                                                                                                      for use is generally fulfilled by                     guidance practices regulations (21 CFR
                                              for electronic access to the revised draft
                                                                                                      providing the full FDA-approved                       10.115). The reissued revised draft
                                              guidance document.
                                                Submit electronic comments on the                     package insert (PI), the revised draft                guidance, when finalized, will represent
                                              reissued revised draft guidance to                      guidance provides that, in exercising its             FDA’s current thinking on the brief
                                              http://www.regulations.gov. Submit                      enforcement discretion, FDA does not                  summary and adequate directions for
                                              written comments to the Division of                     intend to object for failure to include the           use requirements. It does not create or
                                                                                                      full PI with consumer-directed print                  confer any rights for or on any person
                                              Dockets Management (HFA–305), Food
                                                                                                      promotional labeling pieces if firms                  and does not operate to bind FDA or the
                                              and Drug Administration, 5630 Fishers
                                                                                                      include the appropriate information as                public. An alternative approach may be
                                              Lane, Rm. 1061, Rockville, MD 20852.
                                                                                                      outlined in the revised draft guidance,               used if such approach satisfies the
                                              FOR FURTHER INFORMATION CONTACT:
                                                                                                      i.e., the same information in the                     requirements of the applicable statutes
                                              Regarding human prescription drugs:                     consumer brief summary. This                          and regulations.
                                              Julie Chronis, Center for Drug                          recommendation is designed to
                                              Evaluation and Research, Food and                                                                             II. The Paperwork Reduction Act of
                                                                                                      standardize the information consumers
                                              Drug Administration, 10903 New                                                                                1995
                                                                                                      receive in print prescription drug
                                              Hampshire Ave., Bldg. 51, Silver Spring,                product advertisements and                               Under the Paperwork Reduction Act
                                              MD 20993–0002, 301–796–1200.                            promotional labeling and to make                      of 1995 (the PRA) (44 U.S.C. 3501–
                                              Regarding human prescription                            information more understandable to                    3520), Federal Agencies must obtain
                                              biological products: Stephen Ripley,                    consumers.                                            approval from the Office of Management
                                              Center for Biologics Evaluation and                        FDA issued a draft guidance in the                 and Budget (OMB) for each collection of
                                              Research, Food and Drug                                 Federal Register of February 10, 2004                 information they conduct or sponsor.
                                              Administration, 10903 New Hampshire                     (69 FR 6308), entitled ‘‘Brief Summary:               ‘‘Collection of information’’ is defined
                                              Ave. Bldg. 71, Rm. 7301, Silver Spring,                 Disclosing Risk Information in                        in 44 U.S.C. 3502(3) and 5 CFR
                                              MD 20993–0002, 240–402–7911.                            Consumer-Directed Print                               1320.3(c) and includes Agency requests
                                              Regarding animal prescription drugs:                    Advertisements.’’ FDA requested                       or requirements that members of the
                                              Thomas Moskal, Center for Veterinary                    comments on whether the draft                         public submit reports, keep records, or
                                              Medicine, Food and Drug                                 guidance provided sufficient guidance                 provide information to a third party.
                                              Administration, 7519 Standish Pl.                       on the content of the consumer brief                  Section 3506(c)(2)(A) of the PRA (44
                                              Rockville, MD 20855–2792, 240–402–                      summary and also requested research                   U.S.C. 3506(c)(2)(A)) requires Federal
                                              6251.                                                   results on potential formats for the                  Agencies to provide a 60-day notice in
                                              SUPPLEMENTARY INFORMATION:                              consumer brief summary. Comments,                     the Federal Register concerning each
                                                                                                      suggestions, and research were                        proposed collection of information
                                              I. Background                                           submitted to Docket No. 2004D–0042                    before submitting the collection to OMB
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                                                 FDA is announcing the reissuance of                  and were carefully analyzed and                       for approval. To comply with this
                                              a revised draft guidance for industry                   considered before developing the                      requirement, FDA is publishing notice
                                              entitled ‘‘Brief Summary and Adequate                   revised draft guidance.                               of the proposed collection of
                                              Directions for Use: Disclosing Risk                        FDA issued the revised draft guidance              information set forth in this document.
                                              Information in Consumer-Directed Print                  in the Federal Register of February 9,                The revised draft guidance also refers to
                                              Advertisements and Promotional                          2015, giving interested parties an                    previously approved collection of
                                              Labeling for Prescription Drugs.’’ We are               opportunity to submit comments by                     information found in FDA regulations.


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                                              46992                                Federal Register / Vol. 80, No. 151 / Thursday, August 6, 2015 / Notices

                                                 With respect to the following                                      when print materials are directed                       may be included if relevant to the drug
                                              collection of information, FDA invites                                toward consumers.                                       or specific indication referred to in the
                                              comments on these topics: (1) Whether                                    The reissued revised draft guidance,                 promotional material(s). A statement
                                              the proposed collection of information                                in part, explains FDA’s current policy                  should be included that more
                                              is necessary for the proper performance                               position that FDA does not intend to                    comprehensive information can be
                                              of FDA’s functions, including whether                                 object for failure to include the entire PI             obtained from various sources,
                                              the information will have practical                                   to fulfill the requirements of                          including the firm.
                                              utility; (2) the accuracy of FDA’s                                    §§ 201.100(d) and 201.105(d)(1) for
                                                                                                                                                                               Thus, the reissued revised draft
                                              estimate of the burden of the proposed                                promotional labeling pieces directed
                                                                                                                                                                            guidance recommends that firms
                                              collection of information, including the                              toward consumers, if firms instead
                                                                                                                                                                            disclose certain information to others in
                                              validity of the methodology and                                       provide information on the most serious
                                                                                                                    and the most common risks associated                    place of the PI to fulfill the requirements
                                              assumptions used; (3) ways to enhance                                                                                         in §§ 201.100(d) and 201.105(d). This
                                              the quality, utility, and clarity of the                              with the product, while omitting less
                                                                                                                    important information. Specifically,                    ‘‘third-party disclosure’’ constitutes a
                                              information collected; and (4) ways to                                                                                        ‘‘collection of information’’ under the
                                              minimize the burden of information                                    FDA recommends that any Boxed
                                                                                                                    Warning, all Contraindications, certain                 PRA.
                                              collected on the respondents, including
                                              through the use of automated collection                               information regarding Warnings and                         FDA estimates that approximately 400
                                              techniques, when appropriate, and other                               Precautions (i.e., the most clinically                  firms subject to § 201.100(d)
                                              forms of information technology.                                      significant information from the                        disseminate 24,000 consumer-directed
                                                 Title: Brief Summary and Adequate                                  Warnings and Precautions section of the                 print promotional labeling pieces
                                              Directions for Use: Disclosing Risk                                   PI, information that would affect a                     annually. FDA estimates that
                                              Information in Consumer-Directed Print                                decision to prescribe or take a drug,                   approximately 40 firms subject to
                                              Advertisements and Promotional                                        monitoring or laboratory tests that may                 § 201.105(d) disseminate 2,000
                                              Labeling for Prescription Drugs.                                      be needed, special precautions not set                  consumer-directed print promotional
                                                 Description of Respondents:                                        forth in other parts of the PI, and                     labeling pieces annually. FDA estimates
                                              Respondents to this collection of                                     measures that can be taken to prevent or                that it will take firms approximately 10
                                              information are manufacturers, packers,                               mitigate harm), and the most frequently                 hours to compile and draft the
                                              and distributors (firms) of human and                                 occurring Adverse Reactions should be                   information needed to provide the
                                              animal prescription drug products,                                    included.                                               information recommended in the
                                              including biological products for use in                                 Furthermore, FDA recommends that                     revised draft guidance. Please note that
                                              humans.                                                               information should include the                          the requirements related to print
                                                 Burden Estimate: The reissued revised                              indication for the use being promoted.                  advertising pieces and the associated
                                              draft guidance pertains to the brief                                  Information regarding patient directives                burden is already accounted for under
                                              summary requirement for prescription                                  (such as ‘‘discuss with your health care                the requirements under 21 CFR 202.1
                                              drug advertising and the requirement                                  provider any pre-existing conditions’’ or               and its approved information collection
                                              that adequate directions for use be                                   ‘‘tell your health care provider if you are             OMB control number 0910–0686 and,
                                              included with promotional labeling for                                taking any medications’’) should also be                therefore, is not included in the burden
                                              human and animal prescription drugs                                   included. Other types of information                    estimate reported in table 1.

                                                                                                        TABLE 1—ESTIMATED ANNUAL REPORTING BURDEN 1
                                                                                                                                                         Number of
                                               Adequate information for use: Disclosing risk information                              Number of          disclosures       Total annual       Hours per         Total hours
                                                     in consumer-directed promotional labeling                                       respondents        per respond-       disclosures        disclosure
                                                                                                                                                             ent

                                              Disclosures Related to Adequate Information for Use
                                                (§ 201.100(d)) ...................................................................                400                60          24,000                    10       240,000
                                              Disclosures Related to Adequate Information for Use
                                                (§ 201.105(d)) ...................................................................                40                 50              2,000                 10         20,000
                                                 1 There    are no capital costs or operating and maintenance costs associated with this collection of information.


                                                This reissued revised draft guidance                                   • In the revised draft guidance, FDA                 providing the consumer brief summary
                                              also refers to previously approved                                    provides recommendations regarding                      rather than the full PI for the product.
                                              collections of information found in FDA                               the content and format of the consumer                  FDA seeks comments regarding this
                                              regulations with respect to the brief                                 brief summary. Is this the most useful                  recommendation.
                                              summary requirement for print                                         information for consumers to use in                        Persons who commented on the
                                              advertisements. These collections of                                  determining whether to take a                           version of the revised draft guidance
                                              information are subject to review by                                  medication or seek more information                     issued in February 2015 do not need to
                                              OMB under the PRA. The collection of                                  about a product, and if not, what                       resubmit their comments. When
                                                                                                                    information would be more useful?                       finalizing the revised draft guidance, we
                                              information in § 202.1 has been
                                                                                                                       • FDA is also interested in relevant                 will review comments received on this
                                              approved under OMB control number
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                                                                                                                    research that has been conducted or                     reissued version, as well as the version
                                              0910–0686.                                                            alternative formats that were developed                 issued February 2015.
                                              III. Comments                                                         after we received comments on the 2004                     Interested persons may submit either
                                                                                                                    draft guidance.                                         electronic comments regarding this
                                                In addition to general comments, FDA                                   • In the revised draft guidance, FDA                 document to http://www.regulations.gov
                                              specifically requests comments on the                                 suggests that the adequate directions for               or written comments to the Division of
                                              following issues:                                                     use requirement be fulfilled by                         Dockets Management (see ADDRESSES). It


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                                                                           Federal Register / Vol. 80, No. 151 / Thursday, August 6, 2015 / Notices                                            46993

                                              is only necessary to send one set of                    public health programs, MCHB, and                     pediatric clinicians’ participation and
                                              comments. Identify comments with the                    HRSA; and ( ) support activities of the               public-private partnership, such as the
                                              docket number found in brackets in the                  Healthy Tomorrows Partnership for                     Early Childhood Comprehensive
                                              heading of this document. Received                      Children Program (HTPCP) grantees to                  Systems Initiative, Project Launch, and
                                              comments may be seen in the Division                    improve children’s health through                     private sector support for improved
                                              of Dockets Management between 9 a.m.                    innovative community-based efforts,                   collaboration and coordination of and
                                              and 4 p.m., Monday through Friday, and                  and community and statewide                           access to mental, oral, and physical
                                              will be posted to the docket at http://                 partnerships among professionals in                   health and non-clinical resources (e.g.
                                              www.regulations.gov.                                    health, education, social services,                   home visiting, early care and education
                                                                                                      government, and business. The purpose                 settings such as child care and Head
                                              IV. Electronic Access
                                                                                                      of this notice is to award supplemental               Start, early intervention, child welfare,
                                                Persons with access to the Internet                   funds to develop the Rural IMPACT                     education) at the community level for
                                              may obtain the document at http://                      project to support activities related to              children, youth, and their families.
                                              www.fda.gov/Drugs/Guidance                              child health in rural and underserved                    In 2013, following objective review of
                                              ComplianceRegulatoryInformation/                        communities by the American Academy                   its application, HRSA awarded to the
                                              Guidances/default.htm, http://                          of Pediatrics, the cooperative agreement              American Academy of Pediatrics (AAP)
                                              www.fda.gov/BiologicsBloodVaccines/                     awardee who serves as the NCMHI,                      cooperative agreement funding for the
                                              GuidanceComplianceRegulatory                            during the budget period of July 1, 2015,             NCMHI. If approved, this would be the
                                              Information/default.htm, http://                        to June 30, 2016. The NCMHI is                        first project expansion supplement for
                                              www.fda.gov/AnimalVeterinary/                           authorized by the Social Security Act,                this project.
                                              GuidanceComplianceEnforcement/                          Title V, Sections 501(a)(1)(D) and                       Through the NCMHI, the AAP is
                                              GuidanceforIndustry/default.htm, or                     501(a)(2)), (42 U.S.C. 701).                          working to link key state and
                                              http://www.regulations.gov.                                The NCHMI is a national resource to                community programs, such as Title V,
                                                Dated: July 31, 2015.                                 implement and spread the medical                      school-based health centers, Head Start,
                                              Leslie Kux,                                             home model to all children and youth,                 and Early Intervention, which are
                                              Associate Commissioner for Policy.                      particularly children with special health             critical, natural access points for
                                              [FR Doc. 2015–19244 Filed 8–5–15; 8:45 am]
                                                                                                      care needs and children who are                       building and strengthening integrated
                                                                                                      vulnerable and/or medically                           service delivery systems for women,
                                              BILLING CODE 4164–01–P
                                                                                                      underserved. The NCMHI supports                       children, and their families. Working
                                                                                                      activities of the Health Tomorrows                    with the Healthy Tomorrows
                                              DEPARTMENT OF HEALTH AND                                Partnership for Children Program                      Partnership for Children Program
                                              HUMAN SERVICES                                          grantees to improve children’s health                 grantees and the AAP Council on
                                                                                                      through innovative community-based                    Community Pediatrics Rural Health
                                              Health Resources and Services                           efforts, and community and statewide                  Special Interest Group, the NCMHI
                                              Administration                                          partnerships among professionals in                   supports activities that promote access
                                                                                                      health, education, social services,                   to quality, patient/family-centered and
                                              Program Expansion for the National                      government, and business.                             culturally effective services for children,
                                              Center for Medical Home                                 SUPPLEMENTARY INFORMATION:                            youth and their families, particularly in
                                              Implementation Cooperative                                 Intended Recipient of the Award: The               rural and underserved communities.
                                              Agreement at the American Academy                       American Academy of Pediatrics.                          The proposed Rural IMPACT Project
                                              of Pediatrics                                              Amount of the Non-Competitive                      activities align with the current project
                                              AGENCY:  Health Resources and Services                  Award: $300,000.                                      plan, as the NCMHI advances system
                                              Administration (HRSA), Department of                       CFDA Number: 93.110.                               changes and new initiatives at the
                                              Health and Human Services (HHS).                           Current Project Period: July 01, 2008–             community, state, and national levels,
                                                                                                      June 30, 2018.                                        building on community partnerships to
                                              ACTION: Notice of Single-Case Deviation
                                                                                                         Period of Supplemental Funding: July               support family-centered medical home
                                              from Competition Requirement for                                                                              implementation for all children and
                                              Program Expansion for the National                      1, 2015–June 30, 2016.
                                                                                                         Authority: Social Security Act, Title              youth, particularly those
                                              Center for Medical Home                                                                                       underrepresented and from diverse
                                              Implementation Cooperative Agreement                    V, sections 501(a)(1)(D) and 501(a)(2),
                                                                                                      (42 U.S.C. 701).                                      communities (Goal 3). The AAP,
                                              at the American Academy of Pediatrics,                                                                        working with MCHB, would establish
                                              Grant Number U43MC09134.                                   Justification: The White House Rural
                                                                                                      Council is leading a Rural Child Poverty              an expert workgroup and operational
                                              SUMMARY:   HRSA announces its intent to                 Initiative, the Rural IMPACT Project, to              structure to guide the initiative; develop
                                              award a program expansion supplement                    support improved well-being and                       and issue a solicitation and scoring
                                              in the amount of $300,000 for the                       upward economic mobility of children                  process and conduct a review of
                                              National Center for Medical Home                        in rural and tribal communities. In                   applications to make recommendations
                                              Implementation (NCMHI) cooperative                      collaboration with the White House                    for participating communities; develop
                                              agreement. The purpose of the NCMHI                     Rural Council, HRSA, and the                          a quality improvement package; identify
                                              cooperative agreement, as stated in the                 Administration for Children and                       systems-level measures to monitor
                                              funding opportunity announcement, is                    Families, each using its own authority,               process and progress of individual
                                              to: (1) Support a national resource and                 used fiscal year (FY) 2015 funds to                   communities and the initiative as a
                                                                                                                                                            whole, and provide structured technical
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                                              technical assistance effort to implement                support a cohort of 10 rural and Tribal
                                              and spread the medical home model to                    communities to provide two-generation,                assistance to the selected communities.
                                              all children and youth, particularly                    bundled services to children and                      FOR FURTHER INFORMATION CONTACT:
                                              children with special health care needs                 families in need. Utilizing the two-                  Marie Y. Mann, MD, MPH, FAAP,
                                              (CSHCN), children who are vulnerable                    generation approach, the communities                  Division of Services for Children with
                                              and/or medically underserved, and                       will promote problem solving at the                   Special Health Needs, Maternal and
                                              pediatric populations served by state                   community level by encouraging                        Child Health Bureau, Health Resources


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Document Created: 2018-02-23 10:55:54
Document Modified: 2018-02-23 10:55:54
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 of availability.
DatesAlthough you can comment on any guidance at any time (see 21 CFR 10.115(g)(5)), to ensure that the Agency considers your comments on this reissued revised draft guidance before it begins work on the final version of the guidance, submit either electronic or written comments on the reissued revised draft guidance by October 5, 2015. Submit either electronic or written comments on the proposed collection of information by October 5, 2015.
ContactRegarding human prescription drugs: Julie Chronis, Center for Drug Evaluation and Research, Food and Drug Administration, 10903 New Hampshire Ave., Bldg. 51, Silver Spring, MD 20993-0002, 301-796-1200. Regarding human prescription biological products: Stephen Ripley, Center for Biologics Evaluation and Research, Food and Drug Administration, 10903 New Hampshire Ave. Bldg. 71, Rm. 7301, Silver Spring, MD 20993-0002, 240-402-7911. Regarding animal prescription drugs: Thomas Moskal, Center for Veterinary Medicine, Food and Drug Administration, 7519 Standish Pl. Rockville, MD 20855-2792, 240-402-6251.
FR Citation80 FR 46990 

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