81_FR_73616 81 FR 73410 - Agency Information Collection Activities; Submission for Office of Management and Budget Review; Comment Request; Animation in Direct-to-Consumer Advertising

81 FR 73410 - Agency Information Collection Activities; Submission for Office of Management and Budget Review; Comment Request; Animation in Direct-to-Consumer Advertising

DEPARTMENT OF HEALTH AND HUMAN SERVICES
Food and Drug Administration

Federal Register Volume 81, Issue 206 (October 25, 2016)

Page Range73410-73416
FR Document2016-25727

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

Federal Register, Volume 81 Issue 206 (Tuesday, October 25, 2016)
[Federal Register Volume 81, Number 206 (Tuesday, October 25, 2016)]
[Notices]
[Pages 73410-73416]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-25727]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2016-N-0538]


Agency Information Collection Activities; Submission for Office 
of Management and Budget Review; Comment Request; Animation in Direct-
to-Consumer Advertising

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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

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

DATES: Fax written comments on the collection of information by 
November 25, 2016.

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

FOR FURTHER INFORMATION CONTACT: FDA PRA Staff, Office of Operations, 
Food and Drug Administration, Three White Flint North, 10A63, 11601 
Landsdown St., North Bethesda, MD 20852, [email protected].

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

Animation in Direct-to-Consumer Advertising

OMB Control Number 0910-NEW

    Section 1701(a)(4) of the Public Health Service Act (42 U.S.C. 
300u(a)(4)) authorizes the FDA to conduct research relating to health 
information. Section 1003(d)(2)(C) of the Federal Food, Drug, and 
Cosmetic Act (the FD&C Act) (21 U.S.C. 393(b)(2)(c)) authorizes FDA to 
conduct research relating to drugs and other FDA-regulated products in 
carrying out the provisions of the FD&C Act.
    Advertisers use many techniques to increase consumer interest in 
their ads, including the use of animated spokes-characters. These 
characters may be fictional or nonfictional and human or nonhuman (Ref. 
1). Despite variations in form, animated characters are often used to 
grab attention, increase ad memorability, and enhance persuasion to 
ultimately drive behavior (Refs. 2-4). Animated characters have long 
been used for low-involvement products (e.g., food products) and have 
made their way into direct-to-consumer (DTC) prescription drug 
advertising. However, to our knowledge, one study (Ref. 5) has examined 
how animation affects attitudes toward products and risk perceptions in 
drug ads, and no studies have examined how various animation strategies 
(e.g., symbolizing the disease vs. the benefit) and product 
characteristics (e.g., low-risk medication vs. high-risk medication) 
influence these perceptions.

[[Page 73411]]

    Animation in Drug Ads. Animation is used in prescription drug ads 
in a variety of ways. Perhaps the simplest way is the use of rotoscoped 
animation, which involves tracing live-action images frame-by-frame to 
create animated characters. ABILIFY has used this technique in 
advertisements (Ref. 6). In this instance, the animated character was 
not central to the informational content of the ad; instead, the 
animation appeared to be a visual technique to attract attention. 
Whether a drug ad with a rotoscoped human results in greater 
comprehension of product benefit and risk information than an ad with a 
human actor is unclear. The few studies that have examined this 
technique in drug ads have found that animated human characters either 
had no effect on perceived product risk (Ref. 7) or led to poorer 
recognition of drug side effects (Ref. 6).
    Animation also has been used in drug ads to symbolize the disease 
(e.g., IMITREX and LAMISIL ads), the sufferer (e.g., MYBETRIQ and 
ZOLOFT), the benefit (e.g., ROZEREM), the mode of administration (e.g., 
FLUZONE), and the mechanism of action (e.g., LUNESTA). Drug companies 
may use a personified nonhuman character to illustrate, in a visually 
memorable way, the medical condition or drug attributes. Using 
secondary data from copy-testing studies, Pashupati found that drug ads 
featuring animated characters led to much stronger brand recall and 
brand association scores (Ref. 8); however, the other elements of these 
studies (e.g., ad characteristics, presence of control group) are 
unclear.
    Animated characters may provide marketers with a way to explain 
product benefits in an engaging and even humorous manner. Thus, the 
majority of research on animated characters in advertising focuses on 
outcomes such as product evaluations (Ref. 9), emotional responses 
(Refs. 1, 10-11), brand attitudes (Ref. 12), and perceived product 
value (Ref. 13). The extent to which emotional responses can be 
fostered by animated characters is especially relevant to this study, 
as the positive effects these animations induce might transfer to the 
brands being advertised. It is also possible that animated characters 
may lead to lower perceived risk by minimizing or camouflaging side 
effects (Ref. 14).
    Animation and Message Communication. Personifying animated 
characters may interfere with message communication. Although 
personification may increase involvement with the characters in the ad 
(i.e., perceived as engaging and likeable), it may not increase 
involvement with the message itself (e.g., risk and benefit 
information). Whether personified characters lead to reduced 
comprehension of risk and benefit information in drug ads is an 
important and unanswered question. Based on a theory called the limited 
capacity model of mediated message processing (Ref. 15), advertising 
content that is engaging, relevant, and maximizes audio/visual 
redundancy should improve learning and memory (Ref. 16). However, 
others argue that the entertainment aspects can distract from learning 
key information and may lead to message complexity that interferes with 
message communication (Ref. 17).
    It is important to examine whether animation in drug ads inflates 
efficacy perceptions, minimizes risk, or otherwise hinders 
comprehension of drug risks and benefits. To investigate these issues, 
we will conduct a two-part experimental study to examine how: (1) Type 
of animation and (2) nonhuman personification in drug ads influence 
consumer comprehension, processing, and perception of risk and benefit 
information. Understanding how issues of animation and personification 
affect perceptions of both risks and benefits can inform FDA regarding 
how prescription drug risk and benefit information is processed. These 
strategies will be examined across two different medical conditions to 
see if the findings are consistent across patient populations.

General Research Questions

    1. How does consumer processing of a DTC prescription drug ad 
differ depending on whether the ad is live-action, rotoscoped, or 
animated?
    2. Does consumer processing differ depending on whether the 
sufferer, the disease, or the benefit is the focus of the animation?

Design

    To test these research questions, we will conduct two experiments. 
Both experiments will be examined in two different medical conditions: 
Chronic dry eye and psoriasis. The mock drugs we will create for these 
conditions mimic currently available medications and were chosen for 
their variance in serious side effects, i.e., medications for psoriasis 
have very long, serious lists of risks and side effects, whereas 
chronic dry eye medications have relatively few risks and side effects.
    The first experiment will examine whether animation itself 
influences consumer processing, defined as consumer recall of risks and 
benefits, perceptions of risks and benefits, and attitudes and 
emotional responses to the ad, the brand, the product, and the 
character (table 1). We will examine two different types of animation 
in addition to a control ad which will be shot with live actors: An 
``in-between'' animation technique, rotoscoping, in which live scenes 
are drawn to look animated, and full animation with nonhuman 
characters. The live action and rotoscoped ad will be identical except 
for the rotoscope treatment. The animated ad will follow the theme and 
message as closely as possible within the limitations of animation 
itself. The benefits and risks of the product will be identical, 
although the ad's storyline may vary somewhat to account for a nonhuman 
protagonist.

                                     Table 1--Experiment 1: Animation Design
----------------------------------------------------------------------------------------------------------------
                                                Type of Animation
-----------------------------------------------------------------------------------------------------------------
                                                                   Nonhuman        Rotoscoped
                      Medical condition                            sufferer      human sufferer   Human sufferer
----------------------------------------------------------------------------------------------------------------
Chronic Dry Eye..............................................                          
Psoriasis....................................................                          
----------------------------------------------------------------------------------------------------------------

    The second experiment will examine whether the object of the 
animation influences consumer processing of the ad (table 2), defined 
as consumer recall of risks and benefits, perceptions of risks and 
benefits, and attitudes and emotional responses to the ad, the brand, 
the product, and the character. The animation will focus on the 
animated character who will personify either the sufferer of the 
medical condition, the disease itself, or the

[[Page 73412]]

benefit from the drug. In this study, all ads will contain the same 
kind of full animation and the general theme will be as similar as 
possible, accounting for the variations in focus of character. The 
experiments will be conducted concurrently, and the same participants 
in the nonhuman sufferer groups will be part of both.

                                  Table 2--Experiment 2: Personification Design
----------------------------------------------------------------------------------------------------------------
                                            Nonhuman Personification
-----------------------------------------------------------------------------------------------------------------
                      Medical condition                            Sufferer         Disease          Benefit
----------------------------------------------------------------------------------------------------------------
Chronic Dry Eye..............................................                          
Psoriasis....................................................                          
----------------------------------------------------------------------------------------------------------------

    In both cases, a professional firm will create all ads such that 
they are indistinguishable from currently running DTC ads.
    Pretesting will take place before the main study to evaluate the 
procedures and measures used in the main study. We will recruit adults 
who have experienced chronic dry eye or psoriasis. We will exclude 
individuals who work in healthcare or marketing settings because their 
knowledge and experiences may not reflect those of the average 
consumer. We propose to test 300 participants for the pretest. Each 
experiment will include 30 participants per condition for a total of 
180 participants each, but 60 of those in the nonhuman sufferer 
conditions will overlap between the two experiments. We will need 1,500 
unique participants for the main study to obtain 90 percent power to 
detect a moderately small effect size. There will be 150 participants 
per condition for a total of 900 participants in each experiment, with 
300 participants in the overlapping nonhuman sufferer conditions.
    In both experiments, participants who have been diagnosed with 
either chronic dry eye or psoriasis will be recruited via an opt-in 
Internet panel to watch one ad for a prescription drug that treats 
their medical condition. In experiment 1, participants will be randomly 
assigned to view either a live-action, rotoscoped, or fully animated 
ad. All themes in experiment 1 will focus on the main character as the 
sufferer of the condition. In experiment 2, participants will be 
randomly assigned to a personification condition: Sufferer, disease, or 
benefit. All ads in experiment 2 will be fully animated. Participants 
will watch the ad once and then answer an online survey with questions 
addressing recall of risks and benefits, perceptions of risks and 
benefits, and attitudes and emotional responses to the ad, the brand, 
the product, and the character. The questionnaire is available upon 
request. Participation is estimated to take approximately 25 minutes.
    To examine differences between experimental conditions, we will 
conduct inferential statistical tests such as analysis of variance.
    With online surveys, several participants may be completing the 
survey at the time that the total target sample is reached. Those 
participants are allowed to complete the survey, which can result in 
the number of completes going slightly over the target number. Thus, 
our target number of completes is 1,500, so we have rounded up by an 
additional 150, or 10 percent, to allow for some overage.
    In the Federal Register of March 2, 2016 (81 FR 10867), FDA 
published a 60-day notice requesting public comment on the proposed 
collection of information. FDA received a number of comments as 
enumerated and discussed here. Of these comments, 22 were out of the 
scope of the proposed project (``Ban DTC'' or ``Ban animated DTC'').
1. AbbVie
    (Comment 1) Note that the accuracy of the findings will be highly 
dependent on the quality of the stimuli (i.e., the animation).
    (Response 1) We agree.
2. Lilly
    (Comment 2) Assume that stimuli will conform to FDA regulations and 
standards.
    (Response 2) Reviewers from the Office of Prescription Drug 
Promotion have been involved throughout the development of the stimuli 
to ensure that the mock ads conform to FDA regulations and standards.
    (Comment 3) Question the use of such a large (n = 300) pretest and 
recommends the use of a qualitative, in-person pretest.
    (Response 3) Before the pretests and main studies are conducted, we 
will conduct nine cognitive interviews to obtain verbal in-person 
feedback on the questionnaires and the stimuli. We believe this will 
accomplish what this commenter is suggesting. The pretest is designed 
to test procedures, verify that the online questionnaire is working as 
intended, identify and correct any challenges to nesting the stimuli 
within the questionnaire, and examine data trends to check that the 
manipulations and questionnaire items are appropriate. A qualitative 
in-person pretest would not meet those objectives.
    (Comment 4) Recommend screening and quotas by length of time since 
diagnosis as this may influence the urgency with which individuals 
watch the ads and their familiarity with previous treatments.
    (Response 4) We have included a question toward the end of the 
questionnaire to measure time since diagnosis, which will enable us to 
assess its association with attention to the ad and statistically 
control for it if necessary. However, statistical control will likely 
be unnecessary, since random assignment to conditions in our study 
design should prevent there from being systematic differences among 
groups in time since diagnosis or any other extraneous variable.
    (Comment 5) For question 5, the item ``think rather than feel'' 
seems out of place in the question bank and Lilly recommends deletion.
    (Response 5) The items in Question 5 make up a validated scale 
developed by Stephenson and Palmgreen (Ref. 18). Niederdeppe (Ref. 19) 
used the same scale items to measure cognitive processing. There may be 
psychometric consequences to deleting this item--in other words, the 
reliability of the scale may be reduced if we remove this item. Since 
it was previously validated as a scale, we will maintain the item.
    (Comment 6) Questions 6 and 8 (``In your opinion, if 100 people 
take [DRUG X], for how many will the drug work?'') may be difficult to 
answer, as pharmaceutical ads rarely have specific side effect 
information. Recommend changing to ask how frequently side effects will 
occur, from ``very frequent'' to ``never occurs.''
    (Response 6) We agree and will revise these questions to focus on 
perceived frequency or likelihood of side effects and efficacy in more 
general terms.
    (Comment 7) Questions 13 and 14 (overall comprehension closed-ended

[[Page 73413]]

questions) may be too difficult to answer because they are nuanced and 
involve multiple concepts. Recommend changing to an open-ended 
response.
    (Response 7) We appreciate the commenter's concerns about the 
complexity of the response options. We will examine the closed-ended 
questions in cognitive testing, with careful attention to participant's 
ability to understand and choose among the response options. If 
participants have notable difficulty with the closed-ended questions, 
we will revise them to enhance accessibility, or we will replace those 
items with open-ended items.
    (Comment 8) Question 16b for Chronic Dry Eye does not have any 
question or response options.
    (Response 8) We have since developed question and response options 
for this item.
    (Comment 9) Recommend moving questions 17-28 to before question 15 
because questions 15 and 16 are specific and starting with question 17, 
questions again refer to general ad perceptions.
    (Response 9) We always approach question ordering carefully, 
attempting to balance a number of considerations, including the 
reduction of bias from one question to another, flow, and importance of 
each item. In this case, we feel that specific claim comprehension is 
more important than the other more general questions in our 
questionnaire, which is why they are placed afterwards. We will examine 
this issue closer in cognitive testing.
    (Comment 10) Recommend reducing question 18 to only ``like/
dislike'' because the results will be too similar and will be 
confounded.
    (Response 10) We selected these items because they have been used 
consistently in past research. We use three items rather than one to 
achieve reliability, which provides a fuller understanding of the 
dependent variable. However, we will pay close attention to this in 
cognitive testing to ensure that participants are not confused or 
annoyed by the three questions.
    (Comment 11) For question 21, recommend adding clarifying language: 
``. . . in terms of dealing with your psoriasis/chronic dry eye'' to 
provide context for participant to understand how to compare themselves 
with the character.
    (Response 11) We will present the additional context as an 
alternative way of asking the question in cognitive interviews.
    (Comment 12) Recommend removing question 26 about how ``eerie'' the 
character is because the essence of this question is answered in 
question 25 and the question is leading, as it directs participants to 
respond only negatively about their perceptions of the character.
    (Response 12) Given the uncanny valley theory concerning rotoscoped 
images (Ref. 6), we feel it is crucial to maintain this specific 
question about the eeriness of the character.
    (Comment 13) Recommend adding an open-ended question, preferably 
near the beginning of the survey (e.g., after question 2), about how 
well they feel they took away all of the relevant information and 
understood the risks and benefits of the drug after viewing the ad.
    (Response 13) Although we do not include questions that directly 
measure perceived understanding of the overall message, risks, and 
benefits, much of the questionnaire is focused on measuring 
participants' memory and comprehension of that information in the ad.
    (Comment 14) Recommend adding demographic questions about how much 
television participants watch per week and whether English is their 
primary language to provide extra detail for analyses.
    (Response 14) We appreciate this suggestion and will add the 
recommended demographic items to the questionnaire.
    (Comment 15) Recommend adding another open-ended question about 
whether any additional information could have or should have been 
included in the ad (e.g., disease information, accessibility of the 
drug) to provide information on what participants feel could be added 
and communicated via DTC ads.
    (Response 15) This is a great question and may provide fruitful 
avenues for future research. We will include the item in the pretest 
and if timing is not an issue, we will maintain it in the main study.
3. Merck
    (Comment 16) Concerned that execution-specific learnings from this 
research may not translate readily into FDA DTC policy/guidance. The 
research may not have practical utility for the general public and may 
be unnecessary for the proper performance of FDA's functions.
    (Response 16) On the contrary, this particular study has the 
potential to directly influence policy in an area that we have no prior 
research on. We have attempted to address the execution-specific nature 
of the research by investigating our questions in two distinct medical 
conditions with two distinct products and ad executions. Although one 
research study cannot answer all questions, we believe we have designed 
the study in such a way that we will be able to provide information on 
the issue of animation in DTC ads. Because there is no previous 
research of this kind, this will be an informative study that will help 
FDA develop guidance and policy in the future, should the research 
reveal a need to.
    (Comment 17) FDA should conduct research on how all of the elements 
investigated previously combine to influence DTC viewing.
    (Response 17) We appreciate this suggestion and will look for 
opportunities to do so in the future. Note we have conducted research 
combining the results of two previous studies--toll-free wording and 
distraction--in our recent eye-tracking study.
4. GSK
    (Comment 18) Suggests a number of additional reasons for animation 
besides those stated in the FRN: Education, to help consumers quickly 
identify relevant ads, and to de-personalize an ad to make it more 
relevant to a variety of people.
    (Response 18) We will keep these in mind in writing up the results 
of the studies.
    (Comment 19) The proposed research may oversimplify animation by 
not incorporating multiple types of animation or examining ads that are 
100 percent versus partially animated, and thus be unlikely to yield 
any general conclusions about the use of animation.
    (Response 19) We acknowledge that we are not studying all types and 
executions of animation. As the first study of its kind, we feel the 
animation manipulations that we propose to examine will provide 
information on a reasonable number of variations (i.e., full animation, 
rotoscoping, and three different foci of animated character). We will 
ensure that our conclusions are reasonable with regard to the issues we 
studied.
    (Comment 20) The proposed methodology fails to measure the 
relevance of the ads. A copy-testing methodology, whereby the ads are 
embedded in a clutter reel, may more accurately gauge the recall of 
risks and benefits that might occur in the real world.
    (Response 20) We needed to make difficult choices in this study, as 
in all of our studies, regarding the tradeoff between experimental 
control and real-world generalizability. Given the lack of data 
available regarding animation in DTC, we chose to err on the side of 
experimental control in this study. Our

[[Page 73414]]

research questions involve the issue of recall and comprehension of the 
ads when people have watched the ads. Depending on the findings of the 
current study, further research examining the effects of animation 
within a clutter reel or considering other variables may be warranted.
    (Comment 21) Advertising concepts are generally not designed to be 
adapted or translated to different creative formats, and because 
whether an ad is animated or in live action is an integral part of the 
concept itself, this is an inherent limitation of the research.
    (Response 21) We agree that animated ads often have different 
storylines or different approaches to conveying information from live 
action ads. However, if we were to use completely different ads for our 
animated, rotoscoped, and live-action ads, we would be unable to 
determine what caused any differences in our dependent variables. 
Indeed, by maintaining as much similarity as possible among these three 
conditions, we will be able to determine whether it is the animation 
form per se that causes differences or not.
5. Regeneron Pharmaceuticals
    (Comment 22) Encourage FDA to acknowledge that this study is 
exploratory and that results will not be generalizable beyond the two 
medical conditions studied.
    (Response 22) We acknowledge that this is the first study to 
directly examine animation in DTC advertising. We are always mindful of 
how far we can extrapolate our research. We chose to examine two 
different medical conditions because this will provide some assurance 
that our findings are not exclusive to one medical condition or 
execution, if that is what we find. We note that the strength of the 
study is in its experimental design. Participants will be randomly 
assigned to cells, which will allow us to determine whether differences 
exist between different levels of our independent variables. Random 
assignment will somewhat allay concerns about demographic differences 
and other individual characteristics, which should even out across 
cells. However, we agree that other medical situations may cause 
different reactions and we will acknowledge the limitations of our 
study, which include not examining all medical conditions and levels of 
risk, in any writeup we produce.
    (Comment 24) The major statement is required to be in the audio and 
the amount and type of risk information will vary by drug. We request 
that the professional ad agency designing the TV ads ensure that the 
major statement is presented consistently across the ads studied for 
the given ``mock drug.''
    (Response 24) We have designed the fictitious ads to very closely 
align with both FDA policies and with the types of DTC ads that 
currently air on TV. Our ads have been reviewed by staffers in the 
Office of Prescription Drug Promotion multiple times throughout the 
ads' development. The mock products closely mimic existing drugs in 
their respective classes. We agree that the quality of the ads strongly 
influences the success of our research and the professional development 
of these ads is a high priority.
    (Comment 25) An imbalance of gender distribution in the diseases 
and study groups could skew the results due to potential gender 
differences in consumer processing and perception of information from 
drug ads. To ensure a gender balance between the study groups, we 
propose a randomization scheme stratified by gender. Also, please 
capture patient demographic information and important confounding 
factors and report on a comparison of the baseline patient 
characteristics.
    (Response 25) Stratified randomization by gender would be 
methodologically appropriate and conservative, but in practice would 
make our already complex survey even more complicated. We will 
acknowledge a potential gender-disease confound as a limitation of the 
design in reports of the results.
    (Comment 26) While the results from this proposed study may suggest 
hypotheses on difference in how prescription drug risk and benefit 
information may be perceived by consumers viewing live versus animation 
ads, the results from this study should not be used to guide or 
influence FDA's current thinking on the use of animation in DTC ads. 
More robust and controlled studies will be required in the future to 
test specific hypotheses generated from this two-part survey 
experiment.
    (Response 26) Although this is the first study to directly examine 
animation in DTC ads the way we have proposed here, the research we 
have designed is robust and well controlled. As trained research 
psychologists, we adhere to the highest standards in terms of rigorous 
control, prespecified hypotheses, appropriate statistical analyses, and 
reasonable and responsible interpretations. Our research undergoes many 
internal and external reviews before and after data collection, 
including a stringent OMB review (of which public comment is a part), 
multiple levels of internal clearance, and peer review at well-
respected academic journals in relevant fields. Although FDA never 
exclusively uses the findings of one scientific study to make policy 
decisions, the quantitative research we conduct is one part of the 
calculus that FDA uses to inform policy decisions.
6. AstraZeneca
    (Comment 27) Recommend that questions 18 and 19 be switched in 
order to avoid participants being confused by the questions. Also 
suggest some kind of bolding for emphasis.
    (Response 27) We agree that formatting these questions to emphasize 
and differentiate the target object will be useful and have no problem 
changing the order of questions 18 and 19 and will do so.
    (Comment 28) The term ``main character'' needs to be clarified. As 
it is, it could mean the human character or the animated character 
which may, or may not, be the human character.
    (Response 28) Participants will only view one version of the ad 
corresponding to the ad condition to which they've been randomized, and 
each ad will either be animated or live action. In terms of screen time 
and storyline, a single character will be dominant in each ad. We do 
not expect ambiguity surrounding who the main character is in each ad, 
but we will test this phrase in cognitive interviewing.
    (Comment 29) For question 23, the commenter agrees that trust is a 
useful metric to study but questions whether our options are valid 
measures of trust, particularly ``ethical.'' Suggest the use of the 
following adjectives instead: Exaggerated, deceptive, manipulative, 
trustworthy, informative, credible.
    (Response 29) The negative adjectives on the list are from an 
existing scale (Refs. 20-21) and we would like to keep those consistent 
with the prior literature. We will revise the positive adjectives to 
reflect the commenter's suggestion: Trustworthy, informative, credible, 
and reliable.
    (Comment 30) For questions 24 and 25, suggest the addition of 
``hopeful,'' ``empowered,'' and ``informed.''
    (Response 30) The emotional reaction questions were adapted from 
existing scales (Ref. 22), but we think it would be useful to test a 
longer set of emotions in cognitive interviews and narrow down from 
there.
    (Comment 31) We feel that question 26 should be deleted because it 
is a leading question. If not deleted, change ``eerie'' to ``strange.''
    (Response 31) We agree that this is an unusual question and may 
seem offputting without context. However,

[[Page 73415]]

previous research has compared live action and rotoscoped action in 
advertisements and has determined that people feel uncomfortable with 
rotoscoping because it is very similar to what we expect from live 
renditions, but not exactly. This theory is called the uncanny valley 
theory (Ref. 6). Question 26 comes directly from this previous research 
and we feel strongly that we need the question as it is to ground our 
comparison of live action and rotoscoping in the prior literature.
    (Comment 32) Question 29 about anthropomorphism seems inappropriate 
to gauge audience acceptance of the premise. Suggest using a question 
such as: ``To what extent do/can bodily organs or pills have 
personalities?''
    (Response 32) The purpose of question 29 is to measure an 
individual difference variable, namely to what extent people tend to 
anthropomorphize. The question is modified from a validated measure 
(Ref. 23). We do not intend to assess people's acceptance of animated 
DTC ads through this question. Instead, we are using this as a possible 
moderator variable to explain some of the variance we might find in 
responses to other questions. Indeed, another commenter wrote that we 
should measure demographics and other possibly confounding variables. 
This is one of these variables. The amount of humanization people 
ascribe to nonhuman objects may influence their attitudes and 
perceptions, and these items have been validated in past research. It 
is not an outcome measure.
    FDA estimates the burden of this collection of information as 
follows:

                                            Table 3--Estimated Burden
----------------------------------------------------------------------------------------------------------------
                                                   Number of                     Average burden
           Activity                Number of     responses per   Total annual   per response (in    Total hours
                                  respondents     respondent       responses         hours)
----------------------------------------------------------------------------------------------------------------
                                                   Pretesting
----------------------------------------------------------------------------------------------------------------
Number to complete the                     660               1             660  .08 (5 minutes).              53
 screener (assumes 50%
 eligible).
Number of completes...........             330               1             330  .42 (25 minutes)             139
----------------------------------------------------------------------------------------------------------------
                                                   Main Study
----------------------------------------------------------------------------------------------------------------
Number to complete the                   3,300               1           3,300  .08 (5 minutes).             264
 screener (assumes 50%
 eligible).
Number of completes...........           1,650               1           1,650  .42 (25 minutes)             693
                               ---------------------------------------------------------------------------------
    Total Hours...............  ..............  ..............  ..............  ................           1,149
----------------------------------------------------------------------------------------------------------------
\1\ There are no capital costs or operating and maintenance costs associated with this collection of
  information.

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5. Bhutada, N.S., B.L. Rollins, and M. Perri, ``Impact of Animated 
Spokes-Characters in Print Direct-To-Consumer Advertising: An 
Elaboration Likelihood Modeal Approach.'' Health Communication. 
2016. DOI: 10.1080/10410236.2016.1138382.
6. Clayton, R.B. and G. Lesher, ``The Uncanny Valley: The Effects of 
Rotoscope Animation on Motivational Processing of Depression Drug 
Messages.'' Journal of Broadcasting and Electronic Media. 
2015;59(1):57-75.
7. Bhutada, N.S., B.L. Rollins, and M. Perri, ``Animation in Print 
Direct-To-Consumer Advertising of Prescription Drugs: Impact on 
Consumers. At the 32nd Association for Marketing and Healthcare 
Research Annual Meeting and Conference, February 27-March 1, 2013, 
Big Sky, MT.
8. Pashupati, K, ``Beavers, Bubbles, Bees, and Moths: An Examination 
of Animated Spokescharacters in DTC Prescription Drug Advertisements 
and Web sites.'' Journal of Advertising Research. 2009;49(3):373-93.
9. Chandler, J. and N. Schwarz, ``Use Does Not Wear Ragged the 
Fabric of Friendship: Thinking of Objects as Alive Makes People Less 
Willing to Replace Them.'' Journal of Consumer Psychology. 
2010;20(2):138-145.
10. Callcott, M.F. and B.J. Phillips, ``Observations: Elves Make 
Good Cookies: Creating Likeable Spokescharacter Advertising.'' 
Journal of Advertising Research. 1996;36(5):73-79.
11. Garretson, J.A. and R.W. Niedrich, ``Spokes-Characters: Creating 
Character Trust and Positive Brand Attitudes.'' Journal of 
Advertising. 2004;33(2):25-36.
12. Delbaere, M., E.F. McQuarrie, and B.J. Phillips, 
``Personification in Advertising: Using a Visual Metaphor to Trigger 
Anthropomorphism.'' Journal of Advertising. 2011;40(1):121-130.
13. Hart, P.M., S.R. Jones, and M.B. Royne, ``The Human Lens: How 
Anthropomorphic Reasoning Varies by Product Complexity and Enhances 
Personal Value.'' Journal of Marketing Management. 2013;29(1-2):105-
121.
14. Moyer-Guse E., C. Mahood, and S. Brookes, ``Entertainment-
Education in the Context of Humor: Effects on Safer Sex Intentions 
and Risk Perceptions.'' Health Communication. 2011;26(8):765-774.
15. Lang, A, ``The Limited Capacity Model of Motivated Mediated 
Message Processing.'' The Sage Handbook of Mass Media Effects. New 
York: Sage;2009:193-204.
16. Garretson, J.A. and S. Burton, ``The Role of Spokescharacters as 
Advertisement and Package Cues in Integrated Marketing Campaigns.'' 
Journal of Marketing. 2005;69(4):118-132.
17. Lang, A, ``Using the Limited Capacity Model of Motivated 
Mediated Message Processing to Design Effective Cancer Communication 
Messages.'' Journal of Communication. 2006;56:557-580.
18. Stephenson, M.T. and P. Pamgreen, ``Sensation-Seeking, Perceived 
Message Value, Personal Involvement, and Processing of Anti-
Marijuana PSAs.'' Communication Monographs. 2001;68:49-71.
19. Niederdeppe, J.D., ``Syntactic Indeterminancy, Perceived Message 
Sensation, Value-Enhancing Features, and Message Processing in the 
Context of Anti-Tobacco Advertisements.'' Communication Monographs. 
2005;72(3):324-44.
20. Parvanta, S., L. Gobson, H. Forquer, et al.,

[[Page 73416]]

``Applying Quantitative Approaches to the Formative Evaluation of 
Antismoking Campaign Messages.'' Social Marketing Quarterly. 
2013;19(4):242-64.
21. Thomas, V., K. Fowler, and P. Grimm, ``Conceptualization and 
Exploration of Attitude Toward Advertising Disclosures and its 
Impact on Perceptions of Manipulative Intent.'' Journal of Consumer 
Affairs. 2013;47(3):564-87.
22. Richins, M., ``Measuring Emotions in the Consumption 
Experience.'' Journal of Consumer Research. 1997;24:127-46.
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Stability and Importance of Individual Differences in 
Anthropomorphism.'' Perspectives on Psychological Science. 
2010;5:216-32.

    Dated: October 19, 2016.
Leslie Kux,
Associate Commissioner for Policy.
[FR Doc. 2016-25727 Filed 10-24-16; 8:45 am]
 BILLING CODE 4164-01-P



                                                  73410                        Federal Register / Vol. 81, No. 206 / Tuesday, October 25, 2016 / Notices

                                                  this public workshop must register                      received by November 15, 2016. If                     DATES:   Fax written comments on the
                                                  online by November 28, 2016. Early                      selected for presentation, any                        collection of information by November
                                                  registration is recommended because                     presentation materials must be emailed                25, 2016.
                                                  facilities are limited and, therefore, FDA              to Jill Marion (see FOR FURTHER                       ADDRESSES: To ensure that comments on
                                                  may limit the number of participants                    INFORMATION CONTACT) no later than                    the information collection are received,
                                                  from each organization. If time and                     December 2, 2016. No commercial or                    OMB recommends that written
                                                  space permit, onsite registration on the                promotional material will be permitted                comments be faxed to the Office of
                                                  day of the public workshop will be                      to be presented or distributed at the                 Information and Regulatory Affairs,
                                                  provided beginning at 7:30 a.m.                         public workshop.                                      OMB, Attn: FDA Desk Officer, FAX:
                                                     If you need special accommodations                      FDA is holding this public workshop                202–395–7285, or emailed to oira_
                                                  due to a disability, please contact Susan               to obtain information on the role of                  submission@omb.eop.gov. All
                                                  Monahan, Office of Communications                       hospitals in evidence generation and                  comments should be identified with the
                                                  and Education, Center for Devices and                   surveillance. In order to permit the                  OMB control number 0910–NEW and
                                                  Radiological Health, Food and Drug                      widest possible opportunity to obtain                 title ‘‘Animation in Direct-to-Consumer
                                                  Administration, 10903 New Hampshire                     public comment, FDA is soliciting                     Advertising.’’ Also include the FDA
                                                  Ave., Bldg. 66, Silver Spring, MD 20993,                either electronic or written comments                 docket number found in brackets in the
                                                  301–796–5661, FAX: 301–847–8142,                        on all aspects of the public workshop                 heading of this document.
                                                  susan.monahan@fda.hhs.gov no later                      topics. The deadline for submitting                   FOR FURTHER INFORMATION CONTACT: FDA
                                                  than November 21, 2016.                                 comments related to this public                       PRA Staff, Office of Operations, Food
                                                     To register for the public workshop,                 workshop is January 6, 2017.                          and Drug Administration, Three White
                                                  please visit FDA’s Medical Devices                         Transcripts: Please be advised that as             Flint North, 10A63, 11601 Landsdown
                                                  News & Events—Workshops &                               soon as a transcript is available, it will            St., North Bethesda, MD 20852,
                                                  Conferences calendar at http://                         be accessible at http://                              PRAStaff@fda.hhs.gov.
                                                  www.fda.gov/MedicalDevices/                             www.regulations.gov. It may be viewed
                                                                                                                                                                SUPPLEMENTARY INFORMATION: In
                                                  NewsEvents/WorkshopsConferences/                        at the Division of Dockets Management
                                                                                                                                                                compliance with 44 U.S.C. 3507, FDA
                                                  default.htm. (Select this meeting/public                (see ADDRESSES). A transcript will also
                                                                                                                                                                has submitted the following proposed
                                                  workshop from the posted events list.)                  be available in either hardcopy or on
                                                                                                                                                                collection of information to OMB for
                                                  Please provide complete contact                         CD–ROM, after submission of a
                                                                                                                                                                review and clearance.
                                                  information for each attendee, including                Freedom of Information request. The
                                                  name, title, and affiliation, address,                  Freedom of Information office address is              Animation in Direct-to-Consumer
                                                  email, and telephone number. Those                      available on the Agency’s Web site at                 Advertising
                                                  without Internet access should contact                  http://www.fda.gov. A link to the                     OMB Control Number 0910–NEW
                                                  Susan Monahan to register (see special                  transcript will also be available
                                                  accommodations contact). Registrants                    approximately 45 days after the public                   Section 1701(a)(4) of the Public
                                                  will receive confirmation after they have               workshop on the Internet at http://                   Health Service Act (42 U.S.C.
                                                  been accepted. You will be notified if                  www.fda.gov/MedicalDevices/                           300u(a)(4)) authorizes the FDA to
                                                  you are on a waiting list.                              NewsEvents/WorkshopsConferences/                      conduct research relating to health
                                                     Streaming Webcast of the Public                      default.htm. (Select this public                      information. Section 1003(d)(2)(C) of the
                                                  Workshop: This public workshop will                     workshop from the posted events list).                Federal Food, Drug, and Cosmetic Act
                                                  also be Webcast. The Webcast link will                                                                        (the FD&C Act) (21 U.S.C. 393(b)(2)(c))
                                                                                                            Dated: October 19, 2016.
                                                  be available on the registration Web                                                                          authorizes FDA to conduct research
                                                                                                          Leslie Kux,
                                                  page after November 28, 2016.                                                                                 relating to drugs and other FDA-
                                                                                                          Associate Commissioner for Policy.                    regulated products in carrying out the
                                                  Organizations are requested to view
                                                  using one connection per location.                      [FR Doc. 2016–25735 Filed 10–24–16; 8:45 am]          provisions of the FD&C Act.
                                                     Requests for Oral Presentations: This                BILLING CODE 4164–01–P                                   Advertisers use many techniques to
                                                  public workshop includes a public                                                                             increase consumer interest in their ads,
                                                  comment session and topic-focused                                                                             including the use of animated spokes-
                                                  sessions. During online registration you                DEPARTMENT OF HEALTH AND                              characters. These characters may be
                                                  may indicate if you wish to present                     HUMAN SERVICES                                        fictional or nonfictional and human or
                                                  during a public comment session or                                                                            nonhuman (Ref. 1). Despite variations in
                                                                                                          Food and Drug Administration
                                                  participate in a specific session, and                                                                        form, animated characters are often used
                                                  which topics you wish to address. FDA                   [Docket No. FDA–2016–N–0538]                          to grab attention, increase ad
                                                  has included general topics in this                                                                           memorability, and enhance persuasion
                                                  document. FDA will do its best to                       Agency Information Collection                         to ultimately drive behavior (Refs. 2–4).
                                                  accommodate requests to make public                     Activities; Submission for Office of                  Animated characters have long been
                                                  comments. Individuals and                               Management and Budget Review;                         used for low-involvement products (e.g.,
                                                  organizations with common interests are                 Comment Request; Animation in                         food products) and have made their way
                                                  urged to consolidate or coordinate their                Direct-to-Consumer Advertising                        into direct-to-consumer (DTC)
                                                  presentations and request time for a                    AGENCY:    Food and Drug Administration,              prescription drug advertising. However,
                                                  joint presentation, or submit requests for              HHS.                                                  to our knowledge, one study (Ref. 5) has
                                                  designated representatives to participate               ACTION:   Notice.                                     examined how animation affects
                                                  in the focused sessions. Following the                                                                        attitudes toward products and risk
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                                                  close of registration, FDA will                         SUMMARY:   The Food and Drug                          perceptions in drug ads, and no studies
                                                  determine the amount of time allotted to                Administration (FDA or we) is                         have examined how various animation
                                                  each presenter and the approximate                      announcing that a proposed collection                 strategies (e.g., symbolizing the disease
                                                  time each oral presentation is to begin,                of information has been submitted to the              vs. the benefit) and product
                                                  and will select and notify participants                 Office of Management and Budget                       characteristics (e.g., low-risk medication
                                                  by November 29, 2016. All requests to                   (OMB) for review and clearance under                  vs. high-risk medication) influence
                                                  make oral presentations must be                         the Paperwork Reduction Act of 1995.                  these perceptions.


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                                                                                         Federal Register / Vol. 81, No. 206 / Tuesday, October 25, 2016 / Notices                                                                      73411

                                                     Animation in Drug Ads. Animation is                                     which emotional responses can be                                        findings are consistent across patient
                                                  used in prescription drug ads in a                                         fostered by animated characters is                                      populations.
                                                  variety of ways. Perhaps the simplest                                      especially relevant to this study, as the
                                                  way is the use of rotoscoped animation,                                    positive effects these animations induce                                General Research Questions
                                                  which involves tracing live-action                                         might transfer to the brands being                                        1. How does consumer processing of
                                                  images frame-by-frame to create                                            advertised. It is also possible that                                    a DTC prescription drug ad differ
                                                  animated characters. ABILIFY has used                                      animated characters may lead to lower                                   depending on whether the ad is live-
                                                  this technique in advertisements (Ref.                                     perceived risk by minimizing or                                         action, rotoscoped, or animated?
                                                  6). In this instance, the animated                                         camouflaging side effects (Ref. 14).
                                                  character was not central to the                                              Animation and Message                                                  2. Does consumer processing differ
                                                  informational content of the ad; instead,                                  Communication. Personifying animated                                    depending on whether the sufferer, the
                                                  the animation appeared to be a visual                                      characters may interfere with message                                   disease, or the benefit is the focus of the
                                                  technique to attract attention. Whether a                                  communication. Although                                                 animation?
                                                  drug ad with a rotoscoped human                                            personification may increase
                                                                                                                                                                                                     Design
                                                  results in greater comprehension of                                        involvement with the characters in the
                                                  product benefit and risk information                                       ad (i.e., perceived as engaging and                                        To test these research questions, we
                                                  than an ad with a human actor is                                           likeable), it may not increase                                          will conduct two experiments. Both
                                                  unclear. The few studies that have                                         involvement with the message itself                                     experiments will be examined in two
                                                  examined this technique in drug ads                                        (e.g., risk and benefit information).                                   different medical conditions: Chronic
                                                  have found that animated human                                             Whether personified characters lead to                                  dry eye and psoriasis. The mock drugs
                                                  characters either had no effect on                                         reduced comprehension of risk and                                       we will create for these conditions
                                                  perceived product risk (Ref. 7) or led to                                  benefit information in drug ads is an                                   mimic currently available medications
                                                  poorer recognition of drug side effects                                    important and unanswered question.                                      and were chosen for their variance in
                                                  (Ref. 6).                                                                  Based on a theory called the limited                                    serious side effects, i.e., medications for
                                                     Animation also has been used in drug                                    capacity model of mediated message                                      psoriasis have very long, serious lists of
                                                  ads to symbolize the disease (e.g.,                                        processing (Ref. 15), advertising content                               risks and side effects, whereas chronic
                                                  IMITREX and LAMISIL ads), the                                              that is engaging, relevant, and                                         dry eye medications have relatively few
                                                  sufferer (e.g., MYBETRIQ and ZOLOFT),                                      maximizes audio/visual redundancy                                       risks and side effects.
                                                  the benefit (e.g., ROZEREM), the mode                                      should improve learning and memory
                                                  of administration (e.g., FLUZONE), and                                     (Ref. 16). However, others argue that the                                  The first experiment will examine
                                                  the mechanism of action (e.g.,                                             entertainment aspects can distract from                                 whether animation itself influences
                                                  LUNESTA). Drug companies may use a                                         learning key information and may lead                                   consumer processing, defined as
                                                  personified nonhuman character to                                          to message complexity that interferes                                   consumer recall of risks and benefits,
                                                  illustrate, in a visually memorable way,                                   with message communication (Ref. 17).                                   perceptions of risks and benefits, and
                                                  the medical condition or drug attributes.                                     It is important to examine whether                                   attitudes and emotional responses to the
                                                  Using secondary data from copy-testing                                     animation in drug ads inflates efficacy                                 ad, the brand, the product, and the
                                                  studies, Pashupati found that drug ads                                     perceptions, minimizes risk, or                                         character (table 1). We will examine two
                                                  featuring animated characters led to                                       otherwise hinders comprehension of                                      different types of animation in addition
                                                  much stronger brand recall and brand                                       drug risks and benefits. To investigate                                 to a control ad which will be shot with
                                                  association scores (Ref. 8); however, the                                  these issues, we will conduct a two-part                                live actors: An ‘‘in-between’’ animation
                                                  other elements of these studies (e.g., ad                                  experimental study to examine how: (1)                                  technique, rotoscoping, in which live
                                                  characteristics, presence of control                                       Type of animation and (2) nonhuman                                      scenes are drawn to look animated, and
                                                  group) are unclear.                                                        personification in drug ads influence                                   full animation with nonhuman
                                                     Animated characters may provide                                         consumer comprehension, processing,                                     characters. The live action and
                                                  marketers with a way to explain product                                    and perception of risk and benefit                                      rotoscoped ad will be identical except
                                                  benefits in an engaging and even                                           information. Understanding how issues                                   for the rotoscope treatment. The
                                                  humorous manner. Thus, the majority of                                     of animation and personification affect                                 animated ad will follow the theme and
                                                  research on animated characters in                                         perceptions of both risks and benefits                                  message as closely as possible within
                                                  advertising focuses on outcomes such as                                    can inform FDA regarding how                                            the limitations of animation itself. The
                                                  product evaluations (Ref. 9), emotional                                    prescription drug risk and benefit                                      benefits and risks of the product will be
                                                  responses (Refs. 1, 10–11), brand                                          information is processed. These                                         identical, although the ad’s storyline
                                                  attitudes (Ref. 12), and perceived                                         strategies will be examined across two                                  may vary somewhat to account for a
                                                  product value (Ref. 13). The extent to                                     different medical conditions to see if the                              nonhuman protagonist.

                                                                                                                        TABLE 1—EXPERIMENT 1: ANIMATION DESIGN
                                                                                                                                                   Type of Animation

                                                                                                                                                                                                                      Rotoscoped
                                                                                                                                                                                                     Nonhuman                         Human
                                                                                                            Medical condition                                                                                           human
                                                                                                                                                                                                      sufferer                        sufferer
                                                                                                                                                                                                                       sufferer

                                                  Chronic Dry Eye ..........................................................................................................................             •                •              •
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                                                  Psoriasis ......................................................................................................................................       •                •              •



                                                    The second experiment will examine                                       of risks and benefits, perceptions of                                   The animation will focus on the
                                                  whether the object of the animation                                        risks and benefits, and attitudes and                                   animated character who will personify
                                                  influences consumer processing of the                                      emotional responses to the ad, the                                      either the sufferer of the medical
                                                  ad (table 2), defined as consumer recall                                   brand, the product, and the character.                                  condition, the disease itself, or the


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                                                  73412                                  Federal Register / Vol. 81, No. 206 / Tuesday, October 25, 2016 / Notices

                                                  benefit from the drug. In this study, all                                  as similar as possible, accounting for the                              concurrently, and the same participants
                                                  ads will contain the same kind of full                                     variations in focus of character. The                                   in the nonhuman sufferer groups will be
                                                  animation and the general theme will be                                    experiments will be conducted                                           part of both.

                                                                                                                 TABLE 2—EXPERIMENT 2: PERSONIFICATION DESIGN
                                                                                                                                            Nonhuman Personification

                                                                                                            Medical condition                                                                        Sufferer        Disease         Benefit

                                                  Chronic Dry Eye ..........................................................................................................................            •               •              •
                                                  Psoriasis ......................................................................................................................................      •               •              •



                                                     In both cases, a professional firm will                                   To examine differences between                                        challenges to nesting the stimuli within
                                                  create all ads such that they are                                          experimental conditions, we will                                        the questionnaire, and examine data
                                                  indistinguishable from currently                                           conduct inferential statistical tests such                              trends to check that the manipulations
                                                  running DTC ads.                                                           as analysis of variance.                                                and questionnaire items are appropriate.
                                                                                                                               With online surveys, several                                          A qualitative in-person pretest would
                                                     Pretesting will take place before the
                                                                                                                             participants may be completing the                                      not meet those objectives.
                                                  main study to evaluate the procedures
                                                                                                                             survey at the time that the total target                                   (Comment 4) Recommend screening
                                                  and measures used in the main study.
                                                                                                                             sample is reached. Those participants                                   and quotas by length of time since
                                                  We will recruit adults who have
                                                                                                                             are allowed to complete the survey,                                     diagnosis as this may influence the
                                                  experienced chronic dry eye or                                             which can result in the number of
                                                  psoriasis. We will exclude individuals                                                                                                             urgency with which individuals watch
                                                                                                                             completes going slightly over the target                                the ads and their familiarity with
                                                  who work in healthcare or marketing                                        number. Thus, our target number of
                                                  settings because their knowledge and                                                                                                               previous treatments.
                                                                                                                             completes is 1,500, so we have rounded                                     (Response 4) We have included a
                                                  experiences may not reflect those of the                                   up by an additional 150, or 10 percent,                                 question toward the end of the
                                                  average consumer. We propose to test                                       to allow for some overage.                                              questionnaire to measure time since
                                                  300 participants for the pretest. Each                                       In the Federal Register of March 2,                                   diagnosis, which will enable us to
                                                  experiment will include 30 participants                                    2016 (81 FR 10867), FDA published a                                     assess its association with attention to
                                                  per condition for a total of 180                                           60-day notice requesting public                                         the ad and statistically control for it if
                                                  participants each, but 60 of those in the                                  comment on the proposed collection of                                   necessary. However, statistical control
                                                  nonhuman sufferer conditions will                                          information. FDA received a number of                                   will likely be unnecessary, since
                                                  overlap between the two experiments.                                       comments as enumerated and discussed                                    random assignment to conditions in our
                                                  We will need 1,500 unique participants                                     here. Of these comments, 22 were out of                                 study design should prevent there from
                                                  for the main study to obtain 90 percent                                    the scope of the proposed project (‘‘Ban                                being systematic differences among
                                                  power to detect a moderately small                                         DTC’’ or ‘‘Ban animated DTC’’).                                         groups in time since diagnosis or any
                                                  effect size. There will be 150                                                                                                                     other extraneous variable.
                                                  participants per condition for a total of                                  1. AbbVie
                                                                                                                                                                                                        (Comment 5) For question 5, the item
                                                  900 participants in each experiment,                                          (Comment 1) Note that the accuracy of
                                                                                                                                                                                                     ‘‘think rather than feel’’ seems out of
                                                  with 300 participants in the overlapping                                   the findings will be highly dependent
                                                                                                                                                                                                     place in the question bank and Lilly
                                                  nonhuman sufferer conditions.                                              on the quality of the stimuli (i.e., the
                                                                                                                                                                                                     recommends deletion.
                                                     In both experiments, participants who                                   animation).
                                                                                                                                (Response 1) We agree.                                                  (Response 5) The items in Question 5
                                                  have been diagnosed with either chronic                                                                                                            make up a validated scale developed by
                                                  dry eye or psoriasis will be recruited via                                 2. Lilly                                                                Stephenson and Palmgreen (Ref. 18).
                                                  an opt-in Internet panel to watch one ad                                      (Comment 2) Assume that stimuli will                                 Niederdeppe (Ref. 19) used the same
                                                  for a prescription drug that treats their                                  conform to FDA regulations and                                          scale items to measure cognitive
                                                  medical condition. In experiment 1,                                        standards.                                                              processing. There may be psychometric
                                                  participants will be randomly assigned                                        (Response 2) Reviewers from the                                      consequences to deleting this item—in
                                                  to view either a live-action, rotoscoped,                                  Office of Prescription Drug Promotion                                   other words, the reliability of the scale
                                                  or fully animated ad. All themes in                                        have been involved throughout the                                       may be reduced if we remove this item.
                                                  experiment 1 will focus on the main                                        development of the stimuli to ensure                                    Since it was previously validated as a
                                                  character as the sufferer of the                                           that the mock ads conform to FDA                                        scale, we will maintain the item.
                                                  condition. In experiment 2, participants                                   regulations and standards.                                                 (Comment 6) Questions 6 and 8 (‘‘In
                                                  will be randomly assigned to a                                                (Comment 3) Question the use of such                                 your opinion, if 100 people take [DRUG
                                                  personification condition: Sufferer,                                       a large (n = 300) pretest and                                           X], for how many will the drug work?’’)
                                                  disease, or benefit. All ads in                                            recommends the use of a qualitative, in-                                may be difficult to answer, as
                                                  experiment 2 will be fully animated.                                       person pretest.                                                         pharmaceutical ads rarely have specific
                                                  Participants will watch the ad once and                                       (Response 3) Before the pretests and                                 side effect information. Recommend
                                                  then answer an online survey with                                          main studies are conducted, we will                                     changing to ask how frequently side
                                                  questions addressing recall of risks and                                   conduct nine cognitive interviews to                                    effects will occur, from ‘‘very frequent’’
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                                                  benefits, perceptions of risks and                                         obtain verbal in-person feedback on the                                 to ‘‘never occurs.’’
                                                  benefits, and attitudes and emotional                                      questionnaires and the stimuli. We                                         (Response 6) We agree and will revise
                                                  responses to the ad, the brand, the                                        believe this will accomplish what this                                  these questions to focus on perceived
                                                  product, and the character. The                                            commenter is suggesting. The pretest is                                 frequency or likelihood of side effects
                                                  questionnaire is available upon request.                                   designed to test procedures, verify that                                and efficacy in more general terms.
                                                  Participation is estimated to take                                         the online questionnaire is working as                                     (Comment 7) Questions 13 and 14
                                                  approximately 25 minutes.                                                  intended, identify and correct any                                      (overall comprehension closed-ended


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                                                                               Federal Register / Vol. 81, No. 206 / Tuesday, October 25, 2016 / Notices                                          73413

                                                  questions) may be too difficult to                      the question is leading, as it directs                answer all questions, we believe we
                                                  answer because they are nuanced and                     participants to respond only negatively               have designed the study in such a way
                                                  involve multiple concepts. Recommend                    about their perceptions of the character.             that we will be able to provide
                                                  changing to an open-ended response.                        (Response 12) Given the uncanny                    information on the issue of animation in
                                                     (Response 7) We appreciate the                       valley theory concerning rotoscoped                   DTC ads. Because there is no previous
                                                  commenter’s concerns about the                          images (Ref. 6), we feel it is crucial to             research of this kind, this will be an
                                                  complexity of the response options. We                  maintain this specific question about                 informative study that will help FDA
                                                  will examine the closed-ended                           the eeriness of the character.                        develop guidance and policy in the
                                                  questions in cognitive testing, with                       (Comment 13) Recommend adding an                   future, should the research reveal a need
                                                  careful attention to participant’s ability              open-ended question, preferably near                  to.
                                                  to understand and choose among the                      the beginning of the survey (e.g., after                (Comment 17) FDA should conduct
                                                  response options. If participants have                  question 2), about how well they feel                 research on how all of the elements
                                                  notable difficulty with the closed-ended                they took away all of the relevant                    investigated previously combine to
                                                  questions, we will revise them to                       information and understood the risks                  influence DTC viewing.
                                                  enhance accessibility, or we will replace               and benefits of the drug after viewing                  (Response 17) We appreciate this
                                                  those items with open-ended items.                      the ad.                                               suggestion and will look for
                                                     (Comment 8) Question 16b for                            (Response 13) Although we do not                   opportunities to do so in the future.
                                                  Chronic Dry Eye does not have any                       include questions that directly measure               Note we have conducted research
                                                  question or response options.                           perceived understanding of the overall                combining the results of two previous
                                                     (Response 8) We have since                           message, risks, and benefits, much of                 studies—toll-free wording and
                                                  developed question and response                         the questionnaire is focused on                       distraction—in our recent eye-tracking
                                                  options for this item.                                  measuring participants’ memory and                    study.
                                                     (Comment 9) Recommend moving                         comprehension of that information in
                                                  questions 17–28 to before question 15                                                                         4. GSK
                                                                                                          the ad.
                                                  because questions 15 and 16 are specific                   (Comment 14) Recommend adding                         (Comment 18) Suggests a number of
                                                  and starting with question 17, questions                demographic questions about how much                  additional reasons for animation besides
                                                  again refer to general ad perceptions.                  television participants watch per week                those stated in the FRN: Education, to
                                                     (Response 9) We always approach                      and whether English is their primary                  help consumers quickly identify
                                                  question ordering carefully, attempting                 language to provide extra detail for                  relevant ads, and to de-personalize an
                                                  to balance a number of considerations,                  analyses.                                             ad to make it more relevant to a variety
                                                  including the reduction of bias from one                   (Response 14) We appreciate this                   of people.
                                                  question to another, flow, and                          suggestion and will add the                              (Response 18) We will keep these in
                                                  importance of each item. In this case,                  recommended demographic items to the                  mind in writing up the results of the
                                                  we feel that specific claim                             questionnaire.                                        studies.
                                                  comprehension is more important than                       (Comment 15) Recommend adding                         (Comment 19) The proposed research
                                                  the other more general questions in our                 another open-ended question about                     may oversimplify animation by not
                                                  questionnaire, which is why they are                    whether any additional information                    incorporating multiple types of
                                                  placed afterwards. We will examine this                 could have or should have been                        animation or examining ads that are 100
                                                  issue closer in cognitive testing.                      included in the ad (e.g., disease                     percent versus partially animated, and
                                                     (Comment 10) Recommend reducing                      information, accessibility of the drug) to            thus be unlikely to yield any general
                                                  question 18 to only ‘‘like/dislike’’                    provide information on what                           conclusions about the use of animation.
                                                  because the results will be too similar                 participants feel could be added and                     (Response 19) We acknowledge that
                                                  and will be confounded.                                 communicated via DTC ads.                             we are not studying all types and
                                                     (Response 10) We selected these items                   (Response 15) This is a great question             executions of animation. As the first
                                                  because they have been used                             and may provide fruitful avenues for                  study of its kind, we feel the animation
                                                  consistently in past research. We use                   future research. We will include the                  manipulations that we propose to
                                                  three items rather than one to achieve                  item in the pretest and if timing is not              examine will provide information on a
                                                  reliability, which provides a fuller                    an issue, we will maintain it in the main             reasonable number of variations (i.e.,
                                                  understanding of the dependent                          study.                                                full animation, rotoscoping, and three
                                                  variable. However, we will pay close                                                                          different foci of animated character). We
                                                                                                          3. Merck                                              will ensure that our conclusions are
                                                  attention to this in cognitive testing to
                                                  ensure that participants are not                           (Comment 16) Concerned that                        reasonable with regard to the issues we
                                                  confused or annoyed by the three                        execution-specific learnings from this                studied.
                                                  questions.                                              research may not translate readily into                  (Comment 20) The proposed
                                                     (Comment 11) For question 21,                        FDA DTC policy/guidance. The research                 methodology fails to measure the
                                                  recommend adding clarifying language:                   may not have practical utility for the                relevance of the ads. A copy-testing
                                                  ‘‘. . . in terms of dealing with your                   general public and may be unnecessary                 methodology, whereby the ads are
                                                  psoriasis/chronic dry eye’’ to provide                  for the proper performance of FDA’s                   embedded in a clutter reel, may more
                                                  context for participant to understand                   functions.                                            accurately gauge the recall of risks and
                                                  how to compare themselves with the                         (Response 16) On the contrary, this                benefits that might occur in the real
                                                  character.                                              particular study has the potential to                 world.
                                                     (Response 11) We will present the                    directly influence policy in an area that                (Response 20) We needed to make
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                                                  additional context as an alternative way                we have no prior research on. We have                 difficult choices in this study, as in all
                                                  of asking the question in cognitive                     attempted to address the execution-                   of our studies, regarding the tradeoff
                                                  interviews.                                             specific nature of the research by                    between experimental control and real-
                                                     (Comment 12) Recommend removing                      investigating our questions in two                    world generalizability. Given the lack of
                                                  question 26 about how ‘‘eerie’’ the                     distinct medical conditions with two                  data available regarding animation in
                                                  character is because the essence of this                distinct products and ad executions.                  DTC, we chose to err on the side of
                                                  question is answered in question 25 and                 Although one research study cannot                    experimental control in this study. Our


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                                                  73414                        Federal Register / Vol. 81, No. 206 / Tuesday, October 25, 2016 / Notices

                                                  research questions involve the issue of                 ads ensure that the major statement is                clearance, and peer review at well-
                                                  recall and comprehension of the ads                     presented consistently across the ads                 respected academic journals in relevant
                                                  when people have watched the ads.                       studied for the given ‘‘mock drug.’’                  fields. Although FDA never exclusively
                                                  Depending on the findings of the                           (Response 24) We have designed the                 uses the findings of one scientific study
                                                  current study, further research                         fictitious ads to very closely align with             to make policy decisions, the
                                                  examining the effects of animation                      both FDA policies and with the types of               quantitative research we conduct is one
                                                  within a clutter reel or considering other              DTC ads that currently air on TV. Our                 part of the calculus that FDA uses to
                                                  variables may be warranted.                             ads have been reviewed by staffers in                 inform policy decisions.
                                                    (Comment 21) Advertising concepts                     the Office of Prescription Drug
                                                  are generally not designed to be adapted                Promotion multiple times throughout                   6. AstraZeneca
                                                  or translated to different creative                     the ads’ development. The mock                           (Comment 27) Recommend that
                                                  formats, and because whether an ad is                   products closely mimic existing drugs                 questions 18 and 19 be switched in
                                                  animated or in live action is an integral               in their respective classes. We agree that            order to avoid participants being
                                                  part of the concept itself, this is an                  the quality of the ads strongly                       confused by the questions. Also suggest
                                                  inherent limitation of the research.                    influences the success of our research                some kind of bolding for emphasis.
                                                    (Response 21) We agree that animated                  and the professional development of                      (Response 27) We agree that
                                                  ads often have different storylines or                  these ads is a high priority.                         formatting these questions to emphasize
                                                  different approaches to conveying                          (Comment 25) An imbalance of                       and differentiate the target object will be
                                                  information from live action ads.                       gender distribution in the diseases and               useful and have no problem changing
                                                  However, if we were to use completely                   study groups could skew the results due               the order of questions 18 and 19 and
                                                  different ads for our animated,                         to potential gender differences in                    will do so.
                                                  rotoscoped, and live-action ads, we                     consumer processing and perception of                    (Comment 28) The term ‘‘main
                                                  would be unable to determine what                       information from drug ads. To ensure a                character’’ needs to be clarified. As it is,
                                                  caused any differences in our dependent                 gender balance between the study                      it could mean the human character or
                                                  variables. Indeed, by maintaining as                    groups, we propose a randomization                    the animated character which may, or
                                                  much similarity as possible among these                 scheme stratified by gender. Also,                    may not, be the human character.
                                                  three conditions, we will be able to                    please capture patient demographic                       (Response 28) Participants will only
                                                  determine whether it is the animation                   information and important confounding                 view one version of the ad
                                                  form per se that causes differences or                  factors and report on a comparison of                 corresponding to the ad condition to
                                                  not.                                                    the baseline patient characteristics.                 which they’ve been randomized, and
                                                                                                             (Response 25) Stratified                           each ad will either be animated or live
                                                  5. Regeneron Pharmaceuticals                            randomization by gender would be                      action. In terms of screen time and
                                                     (Comment 22) Encourage FDA to                        methodologically appropriate and                      storyline, a single character will be
                                                  acknowledge that this study is                          conservative, but in practice would                   dominant in each ad. We do not expect
                                                  exploratory and that results will not be                make our already complex survey even                  ambiguity surrounding who the main
                                                  generalizable beyond the two medical                    more complicated. We will                             character is in each ad, but we will test
                                                  conditions studied.                                     acknowledge a potential gender-disease                this phrase in cognitive interviewing.
                                                     (Response 22) We acknowledge that                    confound as a limitation of the design                   (Comment 29) For question 23, the
                                                  this is the first study to directly examine             in reports of the results.                            commenter agrees that trust is a useful
                                                  animation in DTC advertising. We are                       (Comment 26) While the results from                metric to study but questions whether
                                                  always mindful of how far we can                        this proposed study may suggest                       our options are valid measures of trust,
                                                  extrapolate our research. We chose to                   hypotheses on difference in how                       particularly ‘‘ethical.’’ Suggest the use of
                                                  examine two different medical                           prescription drug risk and benefit                    the following adjectives instead:
                                                  conditions because this will provide                    information may be perceived by                       Exaggerated, deceptive, manipulative,
                                                  some assurance that our findings are not                consumers viewing live versus                         trustworthy, informative, credible.
                                                  exclusive to one medical condition or                   animation ads, the results from this                     (Response 29) The negative adjectives
                                                  execution, if that is what we find. We                  study should not be used to guide or                  on the list are from an existing scale
                                                  note that the strength of the study is in               influence FDA’s current thinking on the               (Refs. 20–21) and we would like to keep
                                                  its experimental design. Participants                   use of animation in DTC ads. More                     those consistent with the prior
                                                  will be randomly assigned to cells,                     robust and controlled studies will be                 literature. We will revise the positive
                                                  which will allow us to determine                        required in the future to test specific               adjectives to reflect the commenter’s
                                                  whether differences exist between                       hypotheses generated from this two-part               suggestion: Trustworthy, informative,
                                                  different levels of our independent                     survey experiment.                                    credible, and reliable.
                                                  variables. Random assignment will                          (Response 26) Although this is the                    (Comment 30) For questions 24 and
                                                  somewhat allay concerns about                           first study to directly examine                       25, suggest the addition of ‘‘hopeful,’’
                                                  demographic differences and other                       animation in DTC ads the way we have                  ‘‘empowered,’’ and ‘‘informed.’’
                                                  individual characteristics, which should                proposed here, the research we have                      (Response 30) The emotional reaction
                                                  even out across cells. However, we agree                designed is robust and well controlled.               questions were adapted from existing
                                                  that other medical situations may cause                 As trained research psychologists, we                 scales (Ref. 22), but we think it would
                                                  different reactions and we will                         adhere to the highest standards in terms              be useful to test a longer set of emotions
                                                  acknowledge the limitations of our                      of rigorous control, prespecified                     in cognitive interviews and narrow
                                                  study, which include not examining all                  hypotheses, appropriate statistical
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                                                                                                                                                                down from there.
                                                  medical conditions and levels of risk, in               analyses, and reasonable and                             (Comment 31) We feel that question
                                                  any writeup we produce.                                 responsible interpretations. Our                      26 should be deleted because it is a
                                                     (Comment 24) The major statement is                  research undergoes many internal and                  leading question. If not deleted, change
                                                  required to be in the audio and the                     external reviews before and after data                ‘‘eerie’’ to ‘‘strange.’’
                                                  amount and type of risk information                     collection, including a stringent OMB                    (Response 31) We agree that this is an
                                                  will vary by drug. We request that the                  review (of which public comment is a                  unusual question and may seem
                                                  professional ad agency designing the TV                 part), multiple levels of internal                    offputting without context. However,


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                                                                                     Federal Register / Vol. 81, No. 206 / Tuesday, October 25, 2016 / Notices                                                                                              73415

                                                  previous research has compared live                                 to gauge audience acceptance of the                                             we might find in responses to other
                                                  action and rotoscoped action in                                     premise. Suggest using a question such                                          questions. Indeed, another commenter
                                                  advertisements and has determined that                              as: ‘‘To what extent do/can bodily                                              wrote that we should measure
                                                  people feel uncomfortable with                                      organs or pills have personalities?’’                                           demographics and other possibly
                                                  rotoscoping because it is very similar to                             (Response 32) The purpose of                                                  confounding variables. This is one of
                                                  what we expect from live renditions, but                            question 29 is to measure an individual                                         these variables. The amount of
                                                  not exactly. This theory is called the                              difference variable, namely to what                                             humanization people ascribe to
                                                  uncanny valley theory (Ref. 6). Question                            extent people tend to                                                           nonhuman objects may influence their
                                                  26 comes directly from this previous                                anthropomorphize. The question is
                                                                                                                                                                                                      attitudes and perceptions, and these
                                                  research and we feel strongly that we                               modified from a validated measure (Ref.
                                                                                                                                                                                                      items have been validated in past
                                                  need the question as it is to ground our                            23). We do not intend to assess people’s
                                                                                                                      acceptance of animated DTC ads                                                  research. It is not an outcome measure.
                                                  comparison of live action and
                                                  rotoscoping in the prior literature.                                through this question. Instead, we are                                             FDA estimates the burden of this
                                                    (Comment 32) Question 29 about                                    using this as a possible moderator                                              collection of information as follows:
                                                  anthropomorphism seems inappropriate                                variable to explain some of the variance

                                                                                                                              TABLE 3—ESTIMATED BURDEN
                                                                                                                                                        Number of                                                Average burden per
                                                                                                                            Number of                                               Total annual
                                                                              Activity                                                                responses per                                                   response                          Total hours
                                                                                                                           respondents                                               responses
                                                                                                                                                        respondent                                                    (in hours)

                                                                                                                                                     Pretesting

                                                  Number to complete the screener (assumes 50%                                              660                             1                       660       .08 (5 minutes) .............                       53
                                                    eligible).
                                                  Number of completes ...........................................                           330                             1                       330       .42 (25 minutes) ...........                       139

                                                                                                                                                 Main Study

                                                  Number to complete the screener (assumes 50%                                           3,300                              1                    3,300        .08 (5 minutes) .............                      264
                                                    eligible).
                                                  Number of completes ...........................................                        1,650                              1                    1,650        .42 (25 minutes) ...........                       693

                                                       Total Hours ....................................................   ........................    ........................     ........................   .......................................          1,149
                                                     1 There   are no capital costs or operating and maintenance costs associated with this collection of information.


                                                  References                                                               Impact on Consumers. At the 32nd                                                Management. 2013;29(1–2):105–121.
                                                                                                                           Association for Marketing and                                              14. Moyer-Guse E., C. Mahood, and S.
                                                  1. Callcott, M.F. and W. Lee, ‘‘Establishing                             Healthcare Research Annual Meeting                                              Brookes, ‘‘Entertainment-Education in
                                                       the Spokes-Character in Academic                                    and Conference, February 27–March 1,                                            the Context of Humor: Effects on Safer
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                                                                                                                           Spokescharacters in DTC Prescription                                       15. Lang, A, ‘‘The Limited Capacity Model of
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                                                       Expenditures.’’ International Journal of                            Drug Advertisements and Web sites.’’                                            Motivated Mediated Message
                                                       Advertising. 1992;11(2):165–72.                                     Journal of Advertising Research.                                                Processing.’’ The Sage Handbook of
                                                  3. Heiser, R.S., J.J. Sierra, and I.M. Torres,                           2009;49(3):373–93.                                                              Mass Media Effects. New York:
                                                       ‘‘Creativity Via Cartoon Spokespeople in                       9. Chandler, J. and N. Schwarz, ‘‘Use Does                                           Sage;2009:193–204.
                                                       Print Ads: Capitalizing on the                                      Not Wear Ragged the Fabric of                                              16. Garretson, J.A. and S. Burton, ‘‘The Role
                                                       Distinctiveness Effect.’’ Journal of                                Friendship: Thinking of Objects as Alive                                        of Spokescharacters as Advertisement
                                                       Advertising. 2008;37(4):75–85.                                      Makes People Less Willing to Replace                                            and Package Cues in Integrated
                                                  4. Luo, J.T., P. McGoldrick, S. Beatty, and                              Them.’’ Journal of Consumer Psychology.                                         Marketing Campaigns.’’ Journal of
                                                       K.A. Keeling, ‘‘On-Screen Characters:                               2010;20(2):138–145.                                                             Marketing. 2005;69(4):118–132.
                                                       Their Design and Influence on Consumer                         10. Callcott, M.F. and B.J. Phillips,                                           17. Lang, A, ‘‘Using the Limited Capacity
                                                       Trust.’’ Journal of Service Marketing.                              ‘‘Observations: Elves Make Good                                                 Model of Motivated Mediated Message
                                                       2006;20(2):112–24.                                                  Cookies: Creating Likeable                                                      Processing to Design Effective Cancer
                                                  5. Bhutada, N.S., B.L. Rollins, and M. Perri,                            Spokescharacter Advertising.’’ Journal of                                       Communication Messages.’’ Journal of
                                                       ‘‘Impact of Animated Spokes-Characters                              Advertising Research. 1996;36(5):73–79.                                         Communication. 2006;56:557–580.
                                                       in Print Direct-To-Consumer                                    11. Garretson, J.A. and R.W. Niedrich,                                          18. Stephenson, M.T. and P. Pamgreen,
                                                       Advertising: An Elaboration Likelihood                              ‘‘Spokes-Characters: Creating Character                                         ‘‘Sensation-Seeking, Perceived Message
                                                       Modeal Approach.’’ Health                                           Trust and Positive Brand Attitudes.’’                                           Value, Personal Involvement, and
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                                                  6. Clayton, R.B. and G. Lesher, ‘‘The                                    Phillips, ‘‘Personification in Advertising:                                     2001;68:49–71.
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                                                       Uncanny Valley: The Effects of                                      Using a Visual Metaphor to Trigger                                         19. Niederdeppe, J.D., ‘‘Syntactic
                                                       Rotoscope Animation on Motivational                                 Anthropomorphism.’’ Journal of                                                  Indeterminancy, Perceived Message
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                                                       Electronic Media. 2015;59(1):57–75.                                 ‘‘The Human Lens: How                                                           Anti-Tobacco Advertisements.’’
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                                                  73416                        Federal Register / Vol. 81, No. 206 / Tuesday, October 25, 2016 / Notices

                                                       ‘‘Applying Quantitative Approaches to              review the ICR online at http://                      for public safety and to effectively
                                                       the Formative Evaluation of Antismoking            www.reginfo.gov. Follow the                           manage bears and people to minimize
                                                       Campaign Messages.’’ Social Marketing              instructions to review Department of the              conflicts. Summary statistics (without
                                                       Quarterly. 2013;19(4):242–64.
                                                                                                          Interior collections under review by                  personal information) may be generated
                                                  21. Thomas, V., K. Fowler, and P. Grimm,
                                                       ‘‘Conceptualization and Exploration of             OMB.                                                  to examine long-term trends in types
                                                       Attitude Toward Advertising Disclosures            FOR FURTHER INFORMATION CONTACT: To                   and locations of bear-human
                                                       and its Impact on Perceptions of                   request additional information about                  interactions. Observations and
                                                       Manipulative Intent.’’ Journal of                  this ICR, contact Margaret Hazen,                     interactions by visitors are recorded via
                                                       Consumer Affairs. 2013;47(3):564–87.                                                                     the two forms: NPS Form 10–405 and
                                                                                                          Supervisory Park Ranger, Glacier Bay
                                                  22. Richins, M., ‘‘Measuring Emotions in the                                                                  NPS Form 10–406.
                                                       Consumption Experience.’’ Journal of               National Park and Preserve at Margaret_
                                                                                                          Hazen@nps.gov (email) or at (907) 697–                   The NPS requires the submission of
                                                       Consumer Research. 1997;24:127–46.                                                                       NPS Form 10–405 upon exiting the park
                                                  23. Waytz, A., J. Cacioppo, and N. Epley,               2608 (telephone).
                                                       ‘‘Who Sees Human? The Stability and
                                                                                                                                                                backcountry in order to collect
                                                                                                          SUPPLEMENTARY INFORMATION:
                                                       Importance of Individual Differences in                                                                  information regarding bear sightings
                                                       Anthropomorphism.’’ Perspectives on                I. Abstract                                           within GLBA. The collection and
                                                       Psychological Science. 2010;5:216–32.                 The National Park Service Organic                  timeliness of the data collection is
                                                    Dated: October 19, 2016.                              Act, 54 U.S.C. 100101(a) et seq.),                    critical for the NPS’ ability to enhance
                                                  Leslie Kux,                                             requires that the NPS preserve national               the safety of future visitors and to
                                                                                                          parks for the enjoyment, education, and               protect the bear population at the park.
                                                  Associate Commissioner for Policy.
                                                                                                          inspiration of this and future                        Information collected via NPS Form 10–
                                                  [FR Doc. 2016–25727 Filed 10–24–16; 8:45 am]
                                                                                                          generations. Permit requirements and                  405 includes:
                                                  BILLING CODE 4164–01–P
                                                                                                          restrictions for recreational activities in              • Group name;
                                                                                                          the backcountry are governed in                          • Take-out date;
                                                                                                          accordance with the regulations found                    • Whether visitor encountered dirty
                                                  DEPARTMENT OF THE INTERIOR                                                                                    campsites left by previous users or
                                                                                                          at Title 36, Code of Federal Regulations,
                                                                                                          Sections 1.5, 1.6, and 2.10 (36 CFR 1.5,              observe unsafe or inappropriate
                                                  National Park Service                                                                                         behavior by other groups; and
                                                                                                          1.6, 2.10, and 13.116). In order to
                                                  [NPS–AKR–GLBA–22231; PPWOBSADA0,                                                                                 • Detailed information for each
                                                                                                          monitor resources and wildlife in the
                                                  PPMPSAS1Y.Y00000 (177)]                                                                                       sighting documented on the form, to
                                                                                                          Glacier Bay National Park and Preserve
                                                                                                                                                                include:
                                                  Information Collection Request Sent to                  (GLBA) and to enhance the safety of
                                                                                                                                                                   Æ Date/time;
                                                  the Office of Management and Budget                     future visitors, the park monitors all                   Æ Species type
                                                  (OMB) for Approval; Glacier Bay                         sightings and interactions by visitors                   Æ Total number of bears seen together
                                                  National Park and Preserve Bear                         with bears. The bear sighting and                     (for each sighting);
                                                  Sighting and Encounter Reports                          encounter reporting forms are an                         Æ Bear unit type;
                                                                                                          extension of our statutory authority and                 Æ Estimation of distance between
                                                  AGENCY:   National Park Service, Interior.              responsibility to protect the park areas              visitor and bear(s);
                                                  ACTION:   Notice; request for comments.                 we administer and to manage the public                   Æ Whether the bear was aware of the
                                                                                                          use thereof. NPS regulations codified in              group;
                                                  SUMMARY:   We (National Park Service,                   36 CFR 1–7, 12 and 13, are designated
                                                  NPS) have sent an Information                                                                                    Æ Bear reaction to group;
                                                                                                          to implement statutory mandates that                     Æ Activity of group;
                                                  Collection Request (ICR) to OMB for                     provide for resource protection and                      Æ Number of observers; and
                                                  review and approval. We summarize the                   public enjoyment.                                        Æ Location description/campsite
                                                  ICR below and describe the nature of the                   Bear sighting data provides the park               name/GPS position/other comments.
                                                  collection and the estimated burden and                 with important data used to determine                    Submission of a completed NPS Form
                                                  cost. We may not conduct or sponsor                     bear movements, habitat use, and                      10–406 is required when a bear enters
                                                  and a person is not required to respond                 species distribution. This information                camp, approaches the group, damages
                                                  to a collection of information unless it                can be used in backcountry management                 gear, obtains food, and/or acts in an
                                                  displays a currently valid OMB control                  and planning, field research planning,                aggressive or threatening manner
                                                  number. However, under OMB                              and educational outreach for visitors.                towards the group. The collection and
                                                  regulations, we may continue to                         Bear-human interaction data is vital to               timeliness of data concerning bear-
                                                  conduct or sponsor this information                     understand how bears respond to                       human contact is critical for the NPS’
                                                  collection while it is pending at OMB.                  people, detecting changes in bear                     ability to enhance the safety of future
                                                  DATES: You must submit comments on                      behavior, and identifying potential areas             visitors and to protect the bear
                                                  or before November 25, 2016.                            of high bear-human conflict. Obtaining                population at the park. Information
                                                  ADDRESSES: Send your comments and                       immediate information on bear-human                   collected via NPS Form 10–406
                                                  suggestions on this information                         conflicts allows managers to respond                  includes:
                                                  collection to the Desk Officer for the                  promptly to mitigate further conflicts.                  • Name and phone number of the
                                                  Department of the Interior at OMB–                      Proactive mitigation includes notifying               primary person involved in the
                                                  OIRA at (202) 395–5806 (fax) or OIRA_                   other backcountry users, issuing                      interaction;
                                                  Submission@omb.eop.gov (email).                         advisories or recommendations, or                        • Group type: Park visitor, concession
                                                  Please provide a copy of your comments                  issuing closures to prevent further                   employee, contractor, researcher, NPS
mstockstill on DSK3G9T082PROD with NOTICES




                                                  to Madonna L. Baucum, Information                       conflicts and maintain public safety.                 employee, or other;
                                                  Collection Clearance Officer, National                  Additionally, managers may respond to                    • Number of people who encountered
                                                  Park Service, 12201 Sunrise Valley                      reports of bear-human conflict with bear              the bear;
                                                  Drive, Mail Stop 242, Reston, VA 20192;                 management techniques such as hazing                     • Corresponding sighting number on
                                                  or madonna_baucum@nps.gov (email).                      or aversive conditioning. Obtaining                   NPS Form 10–405; Location 1–28
                                                  Please include ‘‘1024–GLBA’’ in the                     current accurate information on bear                  (Backcountry vs. Developed Area A and
                                                  subject line of your comments. You may                  sightings and interactions is essential               B);


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Document Created: 2018-02-13 16:38:22
Document Modified: 2018-02-13 16:38:22
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice.
DatesFax written comments on the collection of information by November 25, 2016.
ContactFDA PRA Staff, Office of Operations, Food and Drug Administration, Three White Flint North, 10A63, 11601 Landsdown St., North Bethesda, MD 20852, [email protected]
FR Citation81 FR 73410 

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