81_FR_61873 81 FR 61700 - Request for Comment on the Status of Vinpocetine

81 FR 61700 - Request for Comment on the Status of Vinpocetine

DEPARTMENT OF HEALTH AND HUMAN SERVICES
Food and Drug Administration

Federal Register Volume 81, Issue 173 (September 7, 2016)

Page Range61700-61703
FR Document2016-21350

The Food and Drug Administration (FDA or we) is requesting comments related to the regulatory status of vinpocetine. Specifically, we request comments on our tentative conclusion that vinpocetine is not a dietary ingredient and is excluded from the definition of dietary supplement in the Federal Food, Drug, and Cosmetic Act (FD&C Act). This action is being taken as part of an administrative proceeding to determine the regulatory status of vinpocetine. All comments submitted by the comment deadline (see DATES) will be accepted as part of the official record for this proceeding.

Federal Register, Volume 81 Issue 173 (Wednesday, September 7, 2016)
[Federal Register Volume 81, Number 173 (Wednesday, September 7, 2016)]
[Notices]
[Pages 61700-61703]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-21350]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2016-N-2523]


Request for Comment on the Status of Vinpocetine

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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

SUMMARY: The Food and Drug Administration (FDA or we) is requesting 
comments related to the regulatory status of vinpocetine. Specifically, 
we request comments on our tentative conclusion that vinpocetine is not 
a dietary ingredient and is excluded from the definition of dietary 
supplement in the Federal Food, Drug, and Cosmetic Act (FD&C Act). This 
action is being taken as part of an administrative proceeding to 
determine the regulatory status of vinpocetine. All comments submitted 
by the comment deadline (see DATES) will be accepted as part of the 
official record for this proceeding.

DATES: Submit either electronic or written comments on the notice by 
November 7, 2016.

ADDRESSES: You may submit comments as follows:

Electronic Submissions

    Submit electronic comments in the following way:
     Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the instructions for submitting comments. Comments submitted 
electronically, including attachments, to http://www.regulations.gov 
will be posted to the docket unchanged. Because your comment will be 
made public, you are solely responsible for ensuring that your comment 
does not include any confidential information that you or a third party 
may not wish to be posted, such as medical information, your or anyone 
else's Social Security number, or confidential business information, 
such as a manufacturing process. Please note that if you include your 
name, contact information, or other information that

[[Page 61701]]

identifies you in the body of your comments, that information will be 
posted on http://www.regulations.gov.
     If you want to submit a comment with confidential 
information that you do not wish to be made available to the public, 
submit the comment as a written/paper submission and in the manner 
detailed (see ``Written/Paper Submissions'' and ``Instructions'').

Written/Paper Submissions

    Submit written/paper submissions as follows:
     Mail/Hand delivery/Courier (for written/paper 
submissions): Division of Dockets Management (HFA-305), Food and Drug 
Administration, 5630 Fishers Lane, rm. 1061, Rockville, MD 20852.
     For written/paper comments submitted to the Division of 
Dockets Management, FDA will post your comment, as well as any 
attachments, except for information submitted, marked and identified, 
as confidential, if submitted as detailed in ``Instructions.''
    Instructions: All submissions received must include the Docket No. 
FDA-2016-N-2523 for ``Request for Comment on the Status of 
Vinpocetine.'' Received comments will be placed in the docket and, 
except for those submitted as ``Confidential Submissions,'' publicly 
viewable at http://www.regulations.gov or at the Division of Dockets 
Management between 9 a.m. and 4 p.m., Monday through Friday.
     Confidential Submissions--To submit a comment with 
confidential information that you do not wish to be made publicly 
available, submit your comments only as a written/paper submission. You 
should submit two copies total. One copy will include the information 
you claim to be confidential with a heading or cover note that states 
``THIS DOCUMENT CONTAINS CONFIDENTIAL INFORMATION.'' The Agency will 
review this copy, including the claimed confidential information, in 
its consideration of comments. The second copy, which will have the 
claimed confidential information redacted/blacked out, will be 
available for public viewing and posted on http://www.regulations.gov. 
Submit both copies to the Division of Dockets Management. If you do not 
wish your name and contact information to be made publicly available, 
you can provide this information on the cover sheet and not in the body 
of your comments and you must identify this information as 
``confidential.'' Any information marked as ``confidential'' will not 
be disclosed except in accordance with 21 CFR 10.20 and other 
applicable disclosure law. For more information about FDA's posting of 
comments to public dockets, see 80 FR 56469, September 18, 2015, or 
access the information at: http://www.fda.gov/regulatoryinformation/dockets/default.htm.
    Docket: For access to the docket to read background documents or 
the electronic and written/paper comments received, go to http://www.regulations.gov and insert the docket number, found in brackets in 
the heading of this document, into the ``Search'' box and follow the 
prompts and/or go to the Division of Dockets Management, 5630 Fishers 
Lane, Rm. 1061, Rockville, MD 20852.

FOR FURTHER INFORMATION CONTACT: Cara Welch, Center for Food Safety and 
Applied Nutrition (HFS-810), Food and Drug Administration, 5001 Campus 
Dr., College Park, MD 20740, 240-402-2333.

SUPPLEMENTARY INFORMATION:

I. Introduction

    We are initiating an administrative proceeding under 21 CFR 
10.25(b) to determine the regulatory status of vinpocetine (chemical 
name: Ethyl apovincaminate). Specifically, we are trying to determine: 
(1) Whether vinpocetine is a dietary ingredient within the meaning of 
the FD&C Act and (2) whether it is excluded from being a dietary 
supplement under the FD&C Act.

A. Statutory Background

    Under section 201(ff)(1) of the FD&C Act (21 U.S.C. 321(ff)(1)), 
the term ``dietary supplement'' is defined in part as a product (other 
than tobacco) intended to supplement the diet that bears or contains 
one or more of the following dietary ingredients: (A) A vitamin; (B) a 
mineral; (C) an herb or other botanical; (D) an amino acid; (E) a 
dietary substance for use by man to supplement the diet by increasing 
the total dietary intake; or (F) a concentrate, metabolite, 
constituent, extract, or combination of any ingredient described in 
clause (A), (B), (C), (D), or (E).
    Additionally, under section 201(ff)(3)(B)(ii) of the FD&C Act, a 
dietary supplement cannot include ``an article authorized for 
investigation as a new drug . . . for which substantial clinical 
investigations have been instituted and for which the existence of such 
investigations has been made public'' unless the article was marketed 
as a dietary supplement or as a food before such authorization.
    Recently, questions have been raised as to whether vinpocetine is a 
dietary ingredient and is excluded from the definition of dietary 
supplement under sections 201(ff)(1) and (3) of the FD&C Act, 
respectively.

B. Factual Background

    According to records on file in FDA's Center for Drug Evaluation 
and Research, vinpocetine was authorized for investigation as a new 
drug in 1981.\1\ A trade press article from 1985 reported that four 
single-center phase 3 clinical trials \2\ of vinpocetine had been 
completed and that two major multicenter studies were ongoing (Ref. 1). 
A 1986 article in a major newspaper reported that Ayerst had recently 
completed a study of vinpocetine for the treatment of multiple-infarct 
dementia at eight institutions in the United States (Ref. 2). An 
article published in a medical journal in 1986 reported on the results 
of a double-blind study of vinpocetine in elderly patients with central 
nervous system degenerative disorders (Ref. 3). A trade press article 
published in 1988 reported that vinpocetine was in phase 3 clinical 
trials for Alzheimer's disease (Ref. 4). These articles document that 
substantial clinical investigations of vinpocetine were instituted and 
that the existence of these substantial clinical investigations was 
made public.
---------------------------------------------------------------------------

    \1\ An article becomes ``authorized for investigation as a new 
drug'' after the sponsor has submitted an investigational new drug 
application (IND) to FDA and the IND has gone into effect. Unless 
FDA notifies the sponsor that the clinical investigation described 
in the IND has been placed on clinical hold, the IND goes into 
effect 30 days after being submitted to FDA (21 CFR 312.40(b)). 
Although FDA will not disclose the existence of an IND that has not 
previously been publicly disclosed or acknowledged (see 21 CFR 
312.130), the existence of the 1981 IND for vinpocetine was publicly 
disclosed in the press no later than 1986 (Ref. 2).
    \2\ Generally speaking, under our regulations pertaining to 
investigational new drugs, there are three phases of a clinical 
investigation of a new drug; phase 3 trials are the last in the 
sequence and are ``expanded controlled and uncontrolled trials'' 
that are ``performed after preliminary evidence suggesting 
effectiveness of the drug has been obtained, and are intended to 
gather the additional information about effectiveness and safety 
that is needed to evaluate the overall benefit-risk relationship of 
the drug and to provide an adequate basis for physician labeling'' 
(21 CFR 312.21(c)).
---------------------------------------------------------------------------

    On July 8, 1997, a new dietary ingredient notification \3\ for 
vinpocetine was submitted to FDA (see FDA's Table of New Dietary 
Ingredient Notifications

[[Page 61702]]

(available on the Web at http://www.fda.gov/food/dietarysupplements/newdietaryingredientsnotificationprocess/ucm109764.htm#new_din)). Four 
additional new dietary ingredient notifications for vinpocetine were 
later submitted to FDA.\4\
---------------------------------------------------------------------------

    \3\ As defined in section 413(d) of the FD&C Act (21 U.S.C. 
350b(d)), the term ``new dietary ingredient'' means a dietary 
ingredient that was not marketed in the United States before October 
15, 1994. Section 413(a) of the FD&C Act (21 U.S.C. 350b(a)) 
requires manufacturers and distributors who wish to market dietary 
supplements that contain ``new dietary ingredients'' to submit a 
notification containing safety information to FDA before they begin 
marketing, unless the new dietary ingredient and all other dietary 
ingredients in the dietary supplement have been present in the food 
supply, without chemical alteration, as articles used for food.
    \4\ We acknowledged receipt of each of those new dietary 
ingredient notifications without objection.
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C. Vinpocetine and Section 201(ff)(1) of the FD&C Act

    We first consider whether vinpocetine is a dietary ingredient under 
section 201(ff)(1) of the FD&C Act--specifically, whether it is a 
vitamin, mineral, herb or other botanical, amino acid, dietary 
substance for use by man to supplement the diet by increasing the total 
dietary intake, or a concentrate, metabolite, constituent, extract, or 
combination of dietary ingredients from the preceding categories. We 
are not aware of any argument that vinpocetine is a vitamin, a mineral, 
or an amino acid. Thus, vinpocetine does not appear to qualify as a 
dietary ingredient under section 201(ff)(1)(A), (B), or (D) of the FD&C 
Act.
    Vinpocetine is not an herb or other botanical, nor is it a 
constituent of any botanical. Rather, vinpocetine is a synthetic 
compound, derived from vincamine, an alkaloid found in the Vinca minor 
plant, or tabersonine, an alkaloid found in Voacanga seeds (Ref. 5). 
Vinpocetine can be formed synthetically from vincamine, including via a 
``one-pot'' synthesis, through transesterification and/or dehydration 
of vincamine in ethanol using Lewis acids and catalyzed by ferric 
chloride (Refs. 5 and 6). The process to prepare vinpocetine from 
tabersonine involves first converting to vincamine via hydrogenation, 
oxidation, reduction and, finally, isolation of vincamine (Ref. 7). The 
previously discussed method of producing vinpocetine from vincamine can 
then be used. As a synthetic compound, vinpocetine is not an herb or 
other botanical. Thus, vinpocetine does not appear to qualify as a 
dietary ingredient under section 201(ff)(1)(C) of the FD&C Act.
    Vinpocetine is not a dietary substance for use by man to supplement 
the diet by increasing the total dietary intake. Extensive database and 
literature searches did not identify any food use of vinpocetine. Thus, 
vinpocetine does not appear to qualify as a dietary ingredient under 
section 201(ff)(1)(E) of the FD&C Act.
    Finally, vinpocetine is not a concentrate, metabolite, constituent, 
extract, or combination of any ingredient described in section 
201(ff)(1)(A), (B), (C), (D), or (E) of the FD&C Act. We are not aware 
of any factual basis to conclude that vinpocetine is a concentrate, 
metabolite, constituent, extract, or combination of a vitamin, mineral, 
amino acid, or dietary substance. As described earlier, vinpocetine is 
not found in V. minor, Voacanga, or any other botanical, but rather is 
a synthetic derivative of vincamine or tabersonine. Therefore, 
vinpocetine cannot be a concentrate, constituent, or extract of a 
botanical. After extensive literature and database searches, we have 
been unable to find any evidence that vinpocetine is a concentrate, 
metabolite, constituent, extract, or combination of another dietary 
ingredient or dietary ingredients. Therefore, vinpocetine does not 
appear to qualify as a dietary ingredient under section 201(ff)(1)(F) 
of the FD&C Act.
    We therefore tentatively conclude that vinpocetine is not a dietary 
ingredient under section 201(ff)(1) of the FD&C Act because it does not 
fit any of the dietary ingredient categories.

D. Vinpocetine and Section 201(ff)(3) of the FD&C Act

    As noted above, the statutory definition of ``dietary supplement'' 
excludes an article authorized for investigation as a new drug for 
which substantial clinical investigations have been instituted and made 
public, unless the article was marketed as a dietary supplement or as a 
food before such authorization (see section 201(ff)(3)(B)(ii) of the 
FD&C Act).
    Based on FDA's IND records and articles published between 1985 and 
1988 that mention or report on phase 3 clinical trials for vinpocetine 
(Refs. 1 to 4), it appears that: (1) Vinpocetine was authorized for 
investigation as a new drug in 1981, long before the first new dietary 
ingredient notification for vinpocetine was filed in 1997 and, 
therefore, also long before vinpocetine was marketed as a dietary 
supplement; (2) substantial clinical investigations of vinpocetine have 
been instituted, and (3) the existence of such investigations has been 
made public.
    We therefore tentatively conclude that vinpocetine is excluded from 
the dietary supplement definition under section 201(ff)(3)(B) of the 
FD&C Act.

E. Tentative Conclusion

    Based on the evidence available to us to date, we tentatively 
conclude that vinpocetine is not a dietary ingredient as defined in 
section 201(ff)(1) of the FD&C Act. We further tentatively conclude 
that vinpocetine is excluded from the dietary supplement definition 
under section 201(ff)(3)(B) of the FD&C Act and therefore may not be 
marketed as or in a dietary supplement. We are interested in receiving 
information that would inform our final decision on the regulatory 
status of vinpocetine, such as information about any food uses of 
vinpocetine and information on the date vinpocetine was first marketed 
as a food or as a dietary supplement.
    To afford all interested parties an adequate opportunity to 
participate in this matter, we request comments and other supporting 
information related to this matter. Interested persons may submit to 
the Division of Dockets Management (see ADDRESSES) written or 
electronic comments regarding this document.

II. References

    The following references are on display in FDA's Division of 
Dockets Management (see ADDRESSES) and are available for viewing by 
interested persons between 9 a.m. and 4 p.m., Monday through Friday; 
they are also available electronically at http://www.regulations.gov. 
FDA has verified the Web site addresses, as of the date this document 
publishes in the Federal Register, but Web sites are subject to change 
over time.

1. The Pink Sheet, ``Ayerst Planning on First Quarter 1986 NDA 
Submission for Alredase (Tolrestat) in Diabetic Neuropathy; Firm is 
Shooting for Early 1987 Market Launch,'' June 17, 1985. Retrieved 
from: https://pink.pharmamedtechbi.com/PS008480/AYERST-PLANNING-ON-FIRST-QUARTER-1986-NDA-SUBMISSION-FOR-ALREDASE-TOLRESTAT-IN-DIABETIC-NEUROPATHY-F.
2. Maugh II, T. H., ``Firm Hopes to Market New `Memory' Drug,'' The 
Los Angeles Times, April 15, 1986. Retrieved from: http://articles.latimes.com/1986-04-15/news/mn-4847_1_vinpocetine.
3. Manconi, E., F. Binaghi, and F. Pitzus, ``A Double-Blind Clinical 
Trial of Vinpocetine in the Treatment of Cerebral Insufficiency of 
Vascular and Degenerative Origin,'' Current Therapeutic Research, 
Vol. 40, No. 4, 1986.
    4. The Pink Sheet, ``American Home Products' `Third Generation' 
TPA Entering Clinicals,'' March 21, 1988. Retrieved from: https://pink.pharmamedtechbi.com/PS013359/AMERICAN-HOME-PRODUCTS-THIRD-GENERATION-TPA-ENTERING-CLINICALS.
5. National Toxicology Program, U.S. Dept. of Health and Human 
Services, ``Chemical Information Review Document for Vinpocetine 
[CAS No. 42971-09-5].'' Retrieved from: http://ntp.niehs.nih.gov/ntp/htdocs/chem_background/exsumpdf/vinpocetine091613_508.pdf.
6. Y. Kuge, H. Nakazawa, T. Kometani, et al., ``A Facile One-Pot 
Synthesis of Vinpocetine,'' Synthetic Communications:

[[Page 61703]]

An Internal Journal for Rapid Communication of Synthetic Organic 
Chemistry, vol. 24, no. 6, 1994.
7. U.S. Patent and Trademark Office, ``Process of Preparation of 
Vincamine from Tabersonine.'' Retrieved from: http://www.google.com/patents/US3892755.


    Dated: August 31, 2016.
Leslie Kux,
Associate Commissioner for Policy.
[FR Doc. 2016-21350 Filed 9-6-16; 8:45 am]
 BILLING CODE 4164-01-P



                                                  61700                    Federal Register / Vol. 81, No. 173 / Wednesday, September 7, 2016 / Notices




                                                    Dated: August 31, 2016.                               requesting comments related to the                     Electronic Submissions
                                                  Leslie Kux,                                             regulatory status of vinpocetine.                        Submit electronic comments in the
                                                  Associate Commissioner for Policy.                      Specifically, we request comments on                   following way:
                                                  [FR Doc. 2016–21353 Filed 9–6–16; 8:45 am]              our tentative conclusion that                            • Federal eRulemaking Portal: http://
                                                  BILLING CODE 4164–01–C                                  vinpocetine is not a dietary ingredient                www.regulations.gov. Follow the
                                                                                                          and is excluded from the definition of                 instructions for submitting comments.
                                                                                                          dietary supplement in the Federal Food,                Comments submitted electronically,
                                                  DEPARTMENT OF HEALTH AND                                Drug, and Cosmetic Act (FD&C Act).                     including attachments, to http://
                                                  HUMAN SERVICES                                          This action is being taken as part of an               www.regulations.gov will be posted to
                                                                                                          administrative proceeding to determine                 the docket unchanged. Because your
                                                  Food and Drug Administration                            the regulatory status of vinpocetine. All              comment will be made public, you are
                                                  [Docket No. FDA–2016–N–2523]                            comments submitted by the comment                      solely responsible for ensuring that your
                                                                                                          deadline (see DATES) will be accepted as               comment does not include any
                                                  Request for Comment on the Status of                    part of the official record for this                   confidential information that you or a
mstockstill on DSK3G9T082PROD with NOTICES




                                                  Vinpocetine                                             proceeding.                                            third party may not wish to be posted,
                                                  AGENCY:    Food and Drug Administration,                                                                       such as medical information, your or
                                                                                                          DATES: Submit either electronic or
                                                  HHS.                                                                                                           anyone else’s Social Security number, or
                                                                                                          written comments on the notice by
                                                  ACTION:   Notice.                                                                                              confidential business information, such
                                                                                                          November 7, 2016.
                                                                                                                                                                 as a manufacturing process. Please note
                                                  SUMMARY: The Food and Drug                              ADDRESSES:        You may submit comments              that if you include your name, contact
                                                                                                                                                                                                             EN07SE16.028</GPH>




                                                  Administration (FDA or we) is                           as follows:                                            information, or other information that


                                             VerDate Sep<11>2014   17:30 Sep 06, 2016   Jkt 238001   PO 00000   Frm 00039    Fmt 4703   Sfmt 4703   E:\FR\FM\07SEN1.SGM   07SEN1


                                                                           Federal Register / Vol. 81, No. 173 / Wednesday, September 7, 2016 / Notices                                                    61701

                                                  identifies you in the body of your                      information about FDA’s posting of                    sections 201(ff)(1) and (3) of the FD&C
                                                  comments, that information will be                      comments to public dockets, see 80 FR                 Act, respectively.
                                                  posted on http://www.regulations.gov.                   56469, September 18, 2015, or access
                                                    • If you want to submit a comment                                                                           B. Factual Background
                                                                                                          the information at: http://www.fda.gov/
                                                  with confidential information that you                  regulatoryinformation/dockets/                           According to records on file in FDA’s
                                                  do not wish to be made available to the                 default.htm.                                          Center for Drug Evaluation and
                                                  public, submit the comment as a                            Docket: For access to the docket to                Research, vinpocetine was authorized
                                                  written/paper submission and in the                     read background documents or the                      for investigation as a new drug in 1981.1
                                                  manner detailed (see ‘‘Written/Paper                    electronic and written/paper comments                 A trade press article from 1985 reported
                                                  Submissions’’ and ‘‘Instructions’’).                    received, go to http://                               that four single-center phase 3 clinical
                                                                                                          www.regulations.gov and insert the                    trials 2 of vinpocetine had been
                                                  Written/Paper Submissions                                                                                     completed and that two major
                                                                                                          docket number, found in brackets in the
                                                     Submit written/paper submissions as                  heading of this document, into the                    multicenter studies were ongoing (Ref.
                                                  follows:                                                ‘‘Search’’ box and follow the prompts                 1). A 1986 article in a major newspaper
                                                     • Mail/Hand delivery/Courier (for                    and/or go to the Division of Dockets                  reported that Ayerst had recently
                                                  written/paper submissions): Division of                                                                       completed a study of vinpocetine for the
                                                                                                          Management, 5630 Fishers Lane, Rm.
                                                  Dockets Management (HFA–305), Food                                                                            treatment of multiple-infarct dementia
                                                                                                          1061, Rockville, MD 20852.
                                                  and Drug Administration, 5630 Fishers                                                                         at eight institutions in the United States
                                                  Lane, rm. 1061, Rockville, MD 20852.                    FOR FURTHER INFORMATION CONTACT: Cara
                                                                                                                                                                (Ref. 2). An article published in a
                                                     • For written/paper comments                         Welch, Center for Food Safety and
                                                                                                                                                                medical journal in 1986 reported on the
                                                  submitted to the Division of Dockets                    Applied Nutrition (HFS–810), Food and
                                                                                                                                                                results of a double-blind study of
                                                  Management, FDA will post your                          Drug Administration, 5001 Campus Dr.,
                                                                                                                                                                vinpocetine in elderly patients with
                                                  comment, as well as any attachments,                    College Park, MD 20740, 240–402–2333.
                                                                                                                                                                central nervous system degenerative
                                                  except for information submitted,                       SUPPLEMENTARY INFORMATION:                            disorders (Ref. 3). A trade press article
                                                  marked and identified, as confidential,                                                                       published in 1988 reported that
                                                                                                          I. Introduction
                                                  if submitted as detailed in                                                                                   vinpocetine was in phase 3 clinical
                                                  ‘‘Instructions.’’                                          We are initiating an administrative                trials for Alzheimer’s disease (Ref. 4).
                                                     Instructions: All submissions received               proceeding under 21 CFR 10.25(b) to                   These articles document that substantial
                                                  must include the Docket No. FDA–                        determine the regulatory status of                    clinical investigations of vinpocetine
                                                  2016–N–2523 for ‘‘Request for Comment                   vinpocetine (chemical name: Ethyl                     were instituted and that the existence of
                                                  on the Status of Vinpocetine.’’ Received                apovincaminate). Specifically, we are                 these substantial clinical investigations
                                                  comments will be placed in the docket                   trying to determine: (1) Whether                      was made public.
                                                  and, except for those submitted as                      vinpocetine is a dietary ingredient                      On July 8, 1997, a new dietary
                                                  ‘‘Confidential Submissions,’’ publicly                  within the meaning of the FD&C Act                    ingredient notification 3 for vinpocetine
                                                  viewable at http://www.regulations.gov                  and (2) whether it is excluded from                   was submitted to FDA (see FDA’s Table
                                                  or at the Division of Dockets                           being a dietary supplement under the                  of New Dietary Ingredient Notifications
                                                  Management between 9 a.m. and 4 p.m.,                   FD&C Act.
                                                  Monday through Friday.                                                                                          1 An article becomes ‘‘authorized for investigation
                                                     • Confidential Submissions—To                        A. Statutory Background
                                                                                                                                                                as a new drug’’ after the sponsor has submitted an
                                                  submit a comment with confidential                         Under section 201(ff)(1) of the FD&C               investigational new drug application (IND) to FDA
                                                  information that you do not wish to be                  Act (21 U.S.C. 321(ff)(1)), the term                  and the IND has gone into effect. Unless FDA
                                                                                                                                                                notifies the sponsor that the clinical investigation
                                                  made publicly available, submit your                    ‘‘dietary supplement’’ is defined in part             described in the IND has been placed on clinical
                                                  comments only as a written/paper                        as a product (other than tobacco)                     hold, the IND goes into effect 30 days after being
                                                  submission. You should submit two                       intended to supplement the diet that                  submitted to FDA (21 CFR 312.40(b)). Although
                                                  copies total. One copy will include the                 bears or contains one or more of the                  FDA will not disclose the existence of an IND that
                                                                                                                                                                has not previously been publicly disclosed or
                                                  information you claim to be confidential                following dietary ingredients: (A) A                  acknowledged (see 21 CFR 312.130), the existence
                                                  with a heading or cover note that states                vitamin; (B) a mineral; (C) an herb or                of the 1981 IND for vinpocetine was publicly
                                                  ‘‘THIS DOCUMENT CONTAINS                                other botanical; (D) an amino acid; (E)               disclosed in the press no later than 1986 (Ref. 2).
                                                  CONFIDENTIAL INFORMATION.’’ The                         a dietary substance for use by man to                   2 Generally speaking, under our regulations

                                                  Agency will review this copy, including                 supplement the diet by increasing the                 pertaining to investigational new drugs, there are
                                                                                                                                                                three phases of a clinical investigation of a new
                                                  the claimed confidential information, in                total dietary intake; or (F) a concentrate,           drug; phase 3 trials are the last in the sequence and
                                                  its consideration of comments. The                      metabolite, constituent, extract, or                  are ‘‘expanded controlled and uncontrolled trials’’
                                                  second copy, which will have the                        combination of any ingredient described               that are ‘‘performed after preliminary evidence
                                                  claimed confidential information                        in clause (A), (B), (C), (D), or (E).                 suggesting effectiveness of the drug has been
                                                                                                                                                                obtained, and are intended to gather the additional
                                                  redacted/blacked out, will be available                    Additionally, under section                        information about effectiveness and safety that is
                                                  for public viewing and posted on http://                201(ff)(3)(B)(ii) of the FD&C Act, a                  needed to evaluate the overall benefit-risk
                                                  www.regulations.gov. Submit both                        dietary supplement cannot include ‘‘an                relationship of the drug and to provide an adequate
                                                  copies to the Division of Dockets                       article authorized for investigation as a             basis for physician labeling’’ (21 CFR 312.21(c)).
                                                                                                                                                                  3 As defined in section 413(d) of the FD&C Act
                                                  Management. If you do not wish your                     new drug . . . for which substantial                  (21 U.S.C. 350b(d)), the term ‘‘new dietary
                                                  name and contact information to be                      clinical investigations have been                     ingredient’’ means a dietary ingredient that was not
                                                  made publicly available, you can                        instituted and for which the existence of             marketed in the United States before October 15,
                                                  provide this information on the cover                   such investigations has been made                     1994. Section 413(a) of the FD&C Act (21 U.S.C.
mstockstill on DSK3G9T082PROD with NOTICES




                                                                                                                                                                350b(a)) requires manufacturers and distributors
                                                  sheet and not in the body of your                       public’’ unless the article was marketed              who wish to market dietary supplements that
                                                  comments and you must identify this                     as a dietary supplement or as a food                  contain ‘‘new dietary ingredients’’ to submit a
                                                  information as ‘‘confidential.’’ Any                    before such authorization.                            notification containing safety information to FDA
                                                  information marked as ‘‘confidential’’                     Recently, questions have been raised               before they begin marketing, unless the new dietary
                                                                                                                                                                ingredient and all other dietary ingredients in the
                                                  will not be disclosed except in                         as to whether vinpocetine is a dietary                dietary supplement have been present in the food
                                                  accordance with 21 CFR 10.20 and other                  ingredient and is excluded from the                   supply, without chemical alteration, as articles used
                                                  applicable disclosure law. For more                     definition of dietary supplement under                for food.



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                                                  61702                    Federal Register / Vol. 81, No. 173 / Wednesday, September 7, 2016 / Notices

                                                  (available on the Web at http://                        ingredient described in section                       under section 201(ff)(3)(B) of the FD&C
                                                  www.fda.gov/food/dietarysupplements/                    201(ff)(1)(A), (B), (C), (D), or (E) of the           Act and therefore may not be marketed
                                                  newdietaryingredients                                   FD&C Act. We are not aware of any                     as or in a dietary supplement. We are
                                                  notificationprocess/                                    factual basis to conclude that                        interested in receiving information that
                                                  ucm109764.htm#new_din)). Four                           vinpocetine is a concentrate, metabolite,             would inform our final decision on the
                                                  additional new dietary ingredient                       constituent, extract, or combination of a             regulatory status of vinpocetine, such as
                                                  notifications for vinpocetine were later                vitamin, mineral, amino acid, or dietary              information about any food uses of
                                                  submitted to FDA.4                                      substance. As described earlier,                      vinpocetine and information on the date
                                                                                                          vinpocetine is not found in V. minor,                 vinpocetine was first marketed as a food
                                                  C. Vinpocetine and Section 201(ff)(1) of
                                                                                                          Voacanga, or any other botanical, but                 or as a dietary supplement.
                                                  the FD&C Act
                                                                                                          rather is a synthetic derivative of                     To afford all interested parties an
                                                     We first consider whether vinpocetine                vincamine or tabersonine. Therefore,                  adequate opportunity to participate in
                                                  is a dietary ingredient under section                   vinpocetine cannot be a concentrate,                  this matter, we request comments and
                                                  201(ff)(1) of the FD&C Act—specifically,                constituent, or extract of a botanical.               other supporting information related to
                                                  whether it is a vitamin, mineral, herb or               After extensive literature and database               this matter. Interested persons may
                                                  other botanical, amino acid, dietary                    searches, we have been unable to find                 submit to the Division of Dockets
                                                  substance for use by man to supplement                  any evidence that vinpocetine is a                    Management (see ADDRESSES) written or
                                                  the diet by increasing the total dietary                concentrate, metabolite, constituent,                 electronic comments regarding this
                                                  intake, or a concentrate, metabolite,                   extract, or combination of another                    document.
                                                  constituent, extract, or combination of                 dietary ingredient or dietary ingredients.
                                                  dietary ingredients from the preceding                  Therefore, vinpocetine does not appear                II. References
                                                  categories. We are not aware of any                     to qualify as a dietary ingredient under                 The following references are on
                                                  argument that vinpocetine is a vitamin,                 section 201(ff)(1)(F) of the FD&C Act.                display in FDA’s Division of Dockets
                                                  a mineral, or an amino acid. Thus,                        We therefore tentatively conclude that              Management (see ADDRESSES) and are
                                                  vinpocetine does not appear to qualify                  vinpocetine is not a dietary ingredient               available for viewing by interested
                                                  as a dietary ingredient under section                   under section 201(ff)(1) of the FD&C Act              persons between 9 a.m. and 4 p.m.,
                                                  201(ff)(1)(A), (B), or (D) of the FD&C                  because it does not fit any of the dietary            Monday through Friday; they are also
                                                  Act.                                                    ingredient categories.                                available electronically at http://
                                                     Vinpocetine is not an herb or other                                                                        www.regulations.gov. FDA has verified
                                                  botanical, nor is it a constituent of any               D. Vinpocetine and Section 201(ff)(3) of
                                                                                                                                                                the Web site addresses, as of the date
                                                  botanical. Rather, vinpocetine is a                     the FD&C Act
                                                                                                                                                                this document publishes in the Federal
                                                  synthetic compound, derived from                           As noted above, the statutory                      Register, but Web sites are subject to
                                                  vincamine, an alkaloid found in the                     definition of ‘‘dietary supplement’’                  change over time.
                                                  Vinca minor plant, or tabersonine, an                   excludes an article authorized for
                                                                                                                                                                1. The Pink Sheet, ‘‘Ayerst Planning on First
                                                  alkaloid found in Voacanga seeds (Ref.                  investigation as a new drug for which                    Quarter 1986 NDA Submission for
                                                  5). Vinpocetine can be formed                           substantial clinical investigations have                 Alredase (Tolrestat) in Diabetic
                                                  synthetically from vincamine, including                 been instituted and made public, unless                  Neuropathy; Firm is Shooting for Early
                                                  via a ‘‘one-pot’’ synthesis, through                    the article was marketed as a dietary                    1987 Market Launch,’’ June 17, 1985.
                                                  transesterification and/or dehydration of               supplement or as a food before such                      Retrieved from: https://
                                                  vincamine in ethanol using Lewis acids                  authorization (see section                               pink.pharmamedtechbi.com/PS008480/
                                                  and catalyzed by ferric chloride (Refs. 5               201(ff)(3)(B)(ii) of the FD&C Act).                      AYERST-PLANNING-ON-FIRST-
                                                                                                             Based on FDA’s IND records and                        QUARTER-1986-NDA-SUBMISSION-FOR-
                                                  and 6). The process to prepare
                                                                                                          articles published between 1985 and                      ALREDASE-TOLRESTAT-IN-DIABETIC-
                                                  vinpocetine from tabersonine involves                                                                            NEUROPATHY-F.
                                                  first converting to vincamine via                       1988 that mention or report on phase 3                2. Maugh II, T. H., ‘‘Firm Hopes to Market
                                                  hydrogenation, oxidation, reduction                     clinical trials for vinpocetine (Refs. 1 to              New ‘Memory’ Drug,’’ The Los Angeles
                                                  and, finally, isolation of vincamine (Ref.              4), it appears that: (1) Vinpocetine was                 Times, April 15, 1986. Retrieved from:
                                                  7). The previously discussed method of                  authorized for investigation as a new                    http://articles.latimes.com/1986-04-15/
                                                  producing vinpocetine from vincamine                    drug in 1981, long before the first new                  news/mn-4847_1_vinpocetine.
                                                  can then be used. As a synthetic                        dietary ingredient notification for                   3. Manconi, E., F. Binaghi, and F. Pitzus, ‘‘A
                                                  compound, vinpocetine is not an herb                    vinpocetine was filed in 1997 and,                       Double-Blind Clinical Trial of Vinpocetine
                                                                                                          therefore, also long before vinpocetine                  in the Treatment of Cerebral Insufficiency
                                                  or other botanical. Thus, vinpocetine
                                                                                                          was marketed as a dietary supplement;                    of Vascular and Degenerative Origin,’’
                                                  does not appear to qualify as a dietary                                                                          Current Therapeutic Research, Vol. 40, No.
                                                  ingredient under section 201(ff)(1)(C) of               (2) substantial clinical investigations of               4, 1986.
                                                  the FD&C Act.                                           vinpocetine have been instituted, and                    4. The Pink Sheet, ‘‘American Home
                                                     Vinpocetine is not a dietary substance               (3) the existence of such investigations              Products’ ‘Third Generation’ TPA Entering
                                                  for use by man to supplement the diet                   has been made public.                                 Clinicals,’’ March 21, 1988. Retrieved from:
                                                  by increasing the total dietary intake.                    We therefore tentatively conclude that             https://pink.pharmamedtechbi.com/
                                                  Extensive database and literature                       vinpocetine is excluded from the dietary              PS013359/AMERICAN-HOME-PRODUCTS-
                                                  searches did not identify any food use                  supplement definition under section                   THIRD-GENERATION-TPA-ENTERING-
                                                  of vinpocetine. Thus, vinpocetine does                  201(ff)(3)(B) of the FD&C Act.                        CLINICALS.
                                                                                                                                                                5. National Toxicology Program, U.S. Dept. of
                                                  not appear to qualify as a dietary                      E. Tentative Conclusion                                  Health and Human Services, ‘‘Chemical
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                                                  ingredient under section 201(ff)(1)(E) of                                                                        Information Review Document for
                                                  the FD&C Act.                                              Based on the evidence available to us
                                                                                                          to date, we tentatively conclude that                    Vinpocetine [CAS No. 42971–09–5].’’
                                                     Finally, vinpocetine is not a                                                                                 Retrieved from: http://ntp.niehs.nih.gov/
                                                  concentrate, metabolite, constituent,                   vinpocetine is not a dietary ingredient                  ntp/htdocs/chem_background/exsumpdf/
                                                  extract, or combination of any                          as defined in section 201(ff)(1) of the                  vinpocetine091613_508.pdf.
                                                                                                          FD&C Act. We further tentatively                      6. Y. Kuge, H. Nakazawa, T. Kometani, et al.,
                                                    4 We acknowledged receipt of each of those new        conclude that vinpocetine is excluded                    ‘‘A Facile One-Pot Synthesis of
                                                  dietary ingredient notifications without objection.     from the dietary supplement definition                   Vinpocetine,’’ Synthetic Communications:



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                                                                                  Federal Register / Vol. 81, No. 173 / Wednesday, September 7, 2016 / Notices                                                                                                 61703

                                                     An Internal Journal for Rapid                                        Request (ICR), described below, to the                                        and Budget (OMB) approval on a new
                                                     Communication of Synthetic Organic                                   Office of Management and Budget                                               (ICR). This survey is being conducted to
                                                     Chemistry, vol. 24, no. 6, 1994.                                     (OMB). Prior to submitting the ICR to                                         generate national estimates of recovery
                                                  7. U.S. Patent and Trademark Office,
                                                     ‘‘Process of Preparation of Vincamine from
                                                                                                                          OMB, OS seeks comments from the                                               through utilization activity; of donated
                                                     Tabersonine.’’ Retrieved from: http://                               public regarding the burden estimate                                          human tissue for calendar years 2012
                                                     www.google.com/patents/US3892755.                                    below or any other aspect of the ICR.                                         and 2015, and to compare metrics across
                                                                                                                          Prior to submitting the ICR to OMB, OS                                        three data collection periods that
                                                    Dated: August 31, 2016.                                               seeks comments from the public                                                includes results from a 2007 survey, the
                                                  Leslie Kux,                                                             regarding the burden estimate, below, or                                      most recent year these data were
                                                  Associate Commissioner for Policy.                                      any other aspect of the ICR.                                                  collected. The survey and data
                                                  [FR Doc. 2016–21350 Filed 9–6–16; 8:45 am]                              DATES: Comments on the ICR must be                                            collection and analysis methods will be
                                                  BILLING CODE 4164–01–P                                                  received on or before [November 7,                                            similar to the 2007 survey. The general
                                                                                                                          2016].                                                                        categories of information to be collected
                                                                                                                          ADDRESSES:   Submit your comments to                                          are listed under the Survey Section of
                                                  DEPARTMENT OF HEALTH AND                                                                                                                              the Annualized Burden Hour table
                                                  HUMAN SERVICES                                                          Information.CollectionClearance@
                                                                                                                          hhs.gov or by calling (202) 690–6162.                                         below. Policy advice provided by the
                                                  Office of the Secretary                                                 FOR FURTHER INFORMATION CONTACT:
                                                                                                                                                                                                        HHS Advisory Committee on Blood and
                                                                                                                          Information Collection Clearance staff,                                       Tissue Safety and Availability to the
                                                  [Document Identifier: HHS–OS–0990–new–                                                                                                                HHS Secretary and Assistant Secretary
                                                  60D]                                                                    Information.CollectionClearance@
                                                                                                                          hhs.gov or (202) 690–6162.                                                    for Health is used to direct departmental
                                                  Agency Information Collection                                                                                                                         efforts to address transfusion and
                                                                                                                          SUPPLEMENTARY INFORMATION: When
                                                  Activities; Proposed Collection; Public                                                                                                               transplantation issues; such as
                                                                                                                          submitting comments or requesting
                                                  Comment Request                                                                                                                                       emergency preparedness and infectious
                                                                                                                          information, please include the
                                                                                                                          document identifier HHS–OS–0990–                                              disease transmission related to donated
                                                  AGENCY:     Office of the Secretary, HHS.                                                                                                             human tissue.
                                                  ACTION:     Notice.                                                     new–60D for reference.
                                                                                                                            Information Collection Request Title:                                          Likely Respondents: Respondents for
                                                  SUMMARY:   In compliance with section                                   National Tissue Recovery through                                              this survey would be U.S. tissue banks
                                                  3506(c)(2)(A) of the Paperwork                                          Utilization Survey.                                                           that screen and recover tissue from
                                                  Reduction Act of 1995, the Office of the                                  Abstract: Office of HIV/AIDS and                                            living and deceased donors, and
                                                  Secretary (OS), Department of Health                                    Infectious Disease Policy, Office of the                                      process, store, and/or distribute tissues
                                                  and Human Services, announces plans                                     Assistant Secretary for Health,                                               grafts for transplantation from these
                                                  to submit a new Information Collection                                  requesting the Office of Management                                           donors.

                                                                                                                  TOTAL ESTIMATED ANNUALIZED BURDEN HOURS
                                                                                                                                                                                                      Number of                     Average
                                                                                                                                                                           Number of                   responses                  burden per              Total burden
                                                                 Survey section                                         Type of respondent                                respondents                     per                      response                  hours
                                                                                                                                                                                                      respondent                   (in hours)

                                                  Tissue bank activities, tissue types                     All tissue banks ................................                               110                           5                      5/60                46
                                                    handled, and inspections.
                                                  Referrals, authorization, and in-                        Tissue banks that handle referrals,                                              80                          36                    30/60               1440
                                                    formed consent; tissue recovery                          Recover/acquire tissue.
                                                    and acquisition.
                                                  Tissue processing .............................          Tissue banks that process tissue ....                                            35                          17                   30/60                 298
                                                  Tissue storage ..................................        Tissue banks that store tissue .........                                         65                           4                   10/60                   5
                                                  Tissue distribution .............................        Tissue banks that distribute tissue ..                                           58                          16                   15/60                 232
                                                  Communicable disease testing and                         Tissue banks that have donor infec-                                              35                           4                   30/60                  70
                                                    adverse outcome reports.                                 tious disease testing performed
                                                                                                             and may handle adverse outcome
                                                                                                             reports.

                                                       Total ...........................................   ...........................................................   ........................   ........................   ........................           2091



                                                    OS specifically requests comments on                                  technology to minimize the information                                        DEPARTMENT OF HEALTH AND
                                                  (1) the necessity and utility of the                                    collection burden.                                                            HUMAN SERVICES
                                                  proposed information collection for the
                                                                                                                          Terry S. Clark,                                                               Indian Health Service
                                                  proper performance of the agency’s
                                                  functions, (2) the accuracy of the                                      Asst Information Collection Clearance
                                                                                                                          Officer.                                                                      Notice of Office of Urban Indian Health
                                                  estimated burden, (3) ways to enhance
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                                                                                                                          [FR Doc. 2016–21360 Filed 9–6–16; 8:45 am]                                    Programs Strategic Plan
                                                  the quality, utility, and clarity of the
                                                  information to be collected, and (4) the                                BILLING CODE 4150–28–P
                                                                                                                                                                                                        AGENCY:  Indian Health Service,
                                                  use of automated collection techniques                                                                                                                Department of Health and Human
                                                  or other forms of information                                                                                                                         Services.
                                                                                                                                                                                                              Notice and request for
                                                                                                                                                                                                        ACTION:
                                                                                                                                                                                                        comments.



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Document Created: 2016-09-07 11:50:58
Document Modified: 2016-09-07 11:50:58
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.
DatesSubmit either electronic or written comments on the notice by November 7, 2016.
ContactCara Welch, Center for Food Safety and Applied Nutrition (HFS-810), Food and Drug Administration, 5001 Campus Dr., College Park, MD 20740, 240-402-2333.
FR Citation81 FR 61700 

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