81_FR_78378 81 FR 78163 - Agency Information Collection Activities; Proposed Collection; Comment Request; Character-Space-Limited Online Prescription Drug Communications

81 FR 78163 - Agency Information Collection Activities; Proposed Collection; Comment Request; Character-Space-Limited Online Prescription Drug Communications

DEPARTMENT OF HEALTH AND HUMAN SERVICES
Food and Drug Administration

Federal Register Volume 81, Issue 215 (November 7, 2016)

Page Range78163-78166
FR Document2016-26793

The Food and Drug Administration (FDA) is announcing an opportunity for public comment on the proposed collection of certain information by the Agency. Under the Paperwork Reduction Act of 1995 (the PRA), Federal Agencies are required to publish notice in the Federal Register concerning each proposed collection of information and to allow 60 days for public comment in response to the notice. This notice solicits comments on research entitled, ``Character-Space- Limited Online Prescription Drug Communications.'' The objective of this research is to test whether a link to prescription drug risk information can effectively convey the risks associated with a drug when benefit claims about that drug are made within character-space- limited communications used in prescription drug promotion.

Federal Register, Volume 81 Issue 215 (Monday, November 7, 2016)
[Federal Register Volume 81, Number 215 (Monday, November 7, 2016)]
[Notices]
[Pages 78163-78166]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-26793]


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

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2016-N-3585]


Agency Information Collection Activities; Proposed Collection; 
Comment Request; Character-Space-Limited Online Prescription Drug 
Communications

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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

SUMMARY: The Food and Drug Administration (FDA) is announcing an 
opportunity for public comment on the proposed collection of certain 
information by the Agency. Under the Paperwork Reduction Act of 1995 
(the PRA), Federal Agencies are required to publish notice in the 
Federal Register concerning each proposed collection of information and 
to allow 60 days for public comment in response to the notice. This 
notice solicits comments on research entitled, ``Character-Space-
Limited Online Prescription Drug Communications.'' The objective of 
this research is to test whether a link to prescription drug risk 
information can effectively convey the risks associated with a drug 
when benefit claims about that drug are made within character-space-
limited communications used in prescription drug promotion.

DATES: Submit either electronic or written comments on the collection 
of information by January 6, 2017.

ADDRESSES: You may submit comments as follows:

Electronic Submissions

    Submit electronic comments in the following way:
     Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the instructions for submitting comments. Comments submitted 
electronically, including attachments, to http://www.regulations.gov 
will be posted to the docket unchanged. Because your comment will be 
made public, you are solely responsible for ensuring that your comment 
does not include any confidential information that you or a third party 
may not wish to be posted, such as medical information, your or anyone 
else's Social Security number, or confidential business information, 
such as a manufacturing process. Please note that if you include your 
name, contact information, or other information that identifies you in 
the body of your comments, that information will be posted on http://www.regulations.gov.
     If you want to submit a comment with confidential 
information that you do not wish to be made available to the public, 
submit the comment as a written/paper submission and in the manner 
detailed (see ``Written/Paper Submissions'' and ``Instructions'').

Written/Paper Submissions

    Submit written/paper submissions as follows:
     Mail/Hand delivery/Courier (for written/paper 
submissions): Division of Dockets Management (HFA-305), Food and Drug 
Administration, 5630 Fishers Lane, Rm. 1061, Rockville, MD 20852.
     For written/paper comments submitted to the Division of 
Dockets Management, FDA will post your comment, as well as any 
attachments, except for information submitted, marked and identified, 
as confidential, if submitted as detailed in ``Instructions.''
    Instructions: All submissions received must include the Docket No. 
FDA-2016-N-3585 for ``Character-Space-Limited Online Prescription Drug 
Communications.'' Received comments will be placed in the docket and, 
except for those submitted as ``Confidential Submissions,'' publicly 
viewable at http://www.regulations.gov or at the Division of Dockets 
Management between 9 a.m. and 4 p.m., Monday through Friday.
     Confidential Submissions--To submit a comment with 
confidential information that you do not wish to be made publicly 
available, submit your comments only as a written/paper submission. You 
should submit two copies total. One copy will include the information 
you claim to be confidential with a heading or cover note that states 
``THIS DOCUMENT CONTAINS CONFIDENTIAL INFORMATION.'' The Agency will 
review this copy, including the claimed confidential information, in 
its consideration of comments. The second copy, which will have the 
claimed confidential information redacted/blacked out, will be 
available for public viewing and posted on http://www.regulations.gov. 
Submit both copies to the Division of Dockets Management. If you do not 
wish your name and contact information to be made publicly available, 
you can provide this information on the cover sheet and not in the body 
of your comments and you must identify this information as 
``confidential.'' Any information marked as ``confidential'' will not 
be disclosed except in accordance with 21 CFR 10.20 and other 
applicable disclosure law. For more information about FDA's posting of 
comments to public dockets, see 80 FR 56469, September 18, 2015, or 
access the information at: http://www.fda.gov/regulatoryinformation/dockets/default.htm.
    Docket: For access to the docket to read background documents or 
the electronic and written/paper comments received, go to http://www.regulations.gov and insert the docket number, found in brackets in 
the heading of this document, into the ``Search'' box and follow the 
prompts and/or go to the Division of Dockets Management, 5630 Fishers 
Lane, Rm. 1061, Rockville, MD 20852.

FOR FURTHER INFORMATION CONTACT: 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: 

I. Background

    Under the PRA (44 U.S.C. 3501-3520), Federal Agencies must obtain 
approval from the Office of Management and Budget (OMB) for each 
collection of information they conduct or sponsor. ``Collection of 
information'' is defined in 44 U.S.C. 3502(3) and 5 CFR 1320.3(c) and 
includes Agency requests or requirements that members of the

[[Page 78164]]

public submit reports, keep records, or provide information to a third 
party. Section 3506(c)(2)(A) of the PRA (44 U.S.C. 3506(c)(2)(A)) 
requires Federal Agencies to provide a 60-day notice in the Federal 
Register concerning each proposed collection of information before 
submitting the collection to OMB for approval. To comply with this 
requirement, FDA is publishing notice of the proposed collection of 
information set forth in this document.
    With respect to the following collection of information, FDA 
invites comments on these topics: (1) Whether the proposed collection 
of information is necessary for the proper performance of FDA's 
functions, including whether the information will have practical 
utility; (2) the accuracy of FDA's estimate of the burden of the 
proposed collection of information, including the validity of the 
methodology and assumptions used; (3) ways to enhance the quality, 
utility, and clarity of the information to be collected; and (4) ways 
to minimize the burden of the collection of information on respondents, 
including through the use of automated collection techniques, when 
appropriate, and other forms of information technology.

Character Space-Limited Online Prescription Drug Communications, 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(d)(2)(C)) authorizes FDA to 
conduct research relating to drugs and other FDA regulated products in 
carrying out the provisions of the FD&C Act.
    Prescription drug regulations require a fair balance of the content 
and prominence of risk and benefit information in prescription drug 
product claim promotion. The rise of Internet communications that have 
character space limitations, such as sponsored link promotion and 
microblog messaging, has led to questions about how to use these 
communications for prescription drug promotion while complying with the 
fair balance requirements. In 2014, FDA released a draft guidance 
entitled, ``Guidance for Industry Internet/Social Media Platforms with 
Character Space Limitations--Presenting Risk and Benefit Information 
for Prescription Drugs and Medical Devices,'' (Ref. 1) which states:

    Regardless of character space constraints that may be present on 
certain Internet/social media platforms, if a firm chooses to make a 
product benefit claim, the firm should also incorporate risk 
information within the same character-space-limited communication. 
The firm should also provide a mechanism to allow direct access to a 
more complete discussion of the risks associated with its product.

    The concept of linking to risk information by providing substantive 
product risk information on a landing page (``link to the risk 
information''), rather than presenting risk information together with 
product benefit information within the character-space-limited 
communication, has been the subject of legislation and has been 
discussed as an option by some in industry and media (for example, 
Refs. 2-5).
    The studies are designed to address the question of whether 
substantive risk information in the character-space-limited 
communications is effective in communicating risks when benefit claims 
are made, or whether a link to the risk information is sufficient. 
Within each study, we will manipulate whether or not substantive risk 
information appears in the character-space-limited communication.
    Another factor to consider is that when consumers turn to the 
Internet for information, they are driven by different goals. These 
goals can affect what information they pay attention to and what kind 
of information they find (Refs. 6-8). Therefore, we will also 
manipulate whether participants are instructed to browse the 
information or to search for specific information.
    Two pretests will be conducted to test the goal instructions, 
stimuli, questionnaire, and procedure. In Studies 1-4, participants 
will be randomly assigned to one experimental condition and will view 
the corresponding study materials (Tables 1-4). Across all studies, we 
will examine two different character-space-limited formats and two 
medical conditions. For Pretest 1 and Study 1, the study materials will 
be a character-space-limited communication about a fictional weight 
loss drug, embedded in a Google search page about weight loss. The 
Study 2 materials will be a character-space-limited communication about 
a fictional drug to treat migraine, embedded in a Google search page 
about migraine. The Study 3 materials will be a character-space-limited 
communication about a fictional weight loss drug, embedded in a Twitter 
search page about weight loss. The Pretest 2 and Study 4 materials will 
be a character-space-limited communication about a fictional drug to 
treat migraine, embedded in a Twitter search page about migraine.
    All study materials will allow for scrolling and clicking on any 
links. The study materials will be accessible by participants only. 
After viewing the study materials, participants will complete a 
questionnaire that assesses participants' retention of the risk 
information and their perceptions of the drug's risks and benefits. We 
will also measure covariates such as demographics and literacy. The 
questionnaires are available upon request.
    We hypothesize that participants who see substantive risk 
information in the character-space-limited communication, compared with 
link-only participants, will have greater retention of the risk 
included in the communication and higher perceived risk. We will 
explore whether including substantive risk information in the 
character-space-limited communication affects the likelihood that 
participants notice the communication or click the link to the risk 
information. We hypothesize that participants with a search goal, 
compared with a browse goal, will have greater retention of the benefit 
and risk information and higher perceived risk because they will be 
more likely to notice the character-space-limited communication and to 
click the link to the risk information. We will test these hypotheses 
in Studies 1-4 to determine whether these effects hold across different 
medical conditions and different character-space-limited platforms. To 
test these hypotheses, we will conduct inferential statistical tests 
such as logistic regression and analysis of variance.
    All participants will be 18 years of age or older. We will exclude 
individuals who work in healthcare or marketing. Half of the studies 
will have a sample of participants who self-report needing to lose 30 
pounds or more; the other half will have a sample of participants who 
self-report suffering from migraines. We selected these samples to 
increase the likelihood that participants will be interested in the 
fictitious study drugs and therefore motivated to pay attention during 
the study. The studies will be conducted with an Internet panel. With 
the sample sizes described below, we will have sufficient power to 
detect small-sized effects in Studies 1-4 (Table 5).

[[Page 78165]]



          Table 1--Study 1: Google Sponsored Link, Weight Loss
------------------------------------------------------------------------
                                                       Goal
                                         -------------------------------
                                              Browse          Search
------------------------------------------------------------------------
Risk Location:
    In character-space-limited            ..............  ..............
     communication......................
    On landing page only................  ..............  ..............
------------------------------------------------------------------------


            Table 2--Study 2: Google Sponsored Link, Migraine
------------------------------------------------------------------------
                                                       Goal
                                         -------------------------------
                                              Browse          Search
------------------------------------------------------------------------
Risk Location:
    In character-space-limited            ..............  ..............
     communication......................
    On landing page only................  ..............  ..............
------------------------------------------------------------------------


                 Table 3--Study 3: Twitter, Weight Loss
------------------------------------------------------------------------
                                                       Goal
                                         -------------------------------
                                              Browse          Search
------------------------------------------------------------------------
Risk Location:
    In character-space-limited            ..............  ..............
     communication......................
    On landing page only................  ..............  ..............
------------------------------------------------------------------------


                   Table 4--Study 4: Twitter, Migraine
------------------------------------------------------------------------
                                                       Goal
                                         -------------------------------
                                              Browse          Search
------------------------------------------------------------------------
Risk Location:
    In character-space-limited            ..............  ..............
     communication......................
    On landing page only................  ..............  ..............
------------------------------------------------------------------------

    FDA estimates the burden of this collection of information as 
follows:

                                 Table 5--Estimated Annual Reporting Burden \1\
----------------------------------------------------------------------------------------------------------------
                                                   Number of
           Activity                Number of     responses per   Total annual    Average burden     Total hours
                                  respondents     respondent       responses      per response
----------------------------------------------------------------------------------------------------------------
Pretest 1 screener............             464               1               1  .08 (5 min.)....              39
Pretest 2 screener............             464               1               1  .08 (5 min.)....              39
Study 1 screener..............             786               1               1  .08 (5 min.)....              66
Study 2 screener..............             786               1               1  .08 (5 min.)....              66
Study 3 screener..............             786               1               1  .08 (5 min.)....              66
Study 4 screener..............             786               1               1  .08 (5 min.)....              66
Pretest 1.....................             277               1               1  .33 (20 min.)...              93
Pretest 2.....................             277               1               1  .33 (20 min.)...              93
Study 1.......................             469               1               1  .33 (20 min.)...             157
Study 2.......................             469               1               1  .33 (20 min.)...             157
Study 3.......................             469               1               1  .33 (20 min.)...             157
Study 4.......................             469               1               1  .33 (20 min.)...             157
                               ------------------------------------------------                  ---------------
    Total.....................           6,502  ..............  ..............  ................           1,156
----------------------------------------------------------------------------------------------------------------
\1\ There are no capital costs or operating and maintenance costs associated with this collection of
  information.

II. References

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


[[Page 78166]]


1. Guidance for Industry: Internet/Social Media Platforms with 
Character Space Limitations--Presenting Risk and Benefit Information 
for Prescription Drugs and Medical Devices, available at: http://www.fda.gov/downloads/drugs/guidancecomplianceregulatoryinformation/guidances/ucm401087.pdf.
2. https://www.congress.gov/bill/114th-congress/house-bill/2479/text.
3. http://www.fda.gov/AboutFDA/CentersOffices/OfficeofMedicalProductsandTobacco/CDER/ucm184250.htm.
4. http://www.politico.com/story/2015/06/at-the-fda-drugs-and-tweets-dont-mix-118693.
5. http://www.dtcperspectives.com/is-one-click-in-the-cards/.
6. Detlor, B., S. Sproule, and C. Gupta, ``Pre-Purchase Online 
Information Seeking: Search Versus Browse.'' Journal of Electronic 
Commerce Research, vol. 4, pp. 72-84, 2003.
7. Pieters, R. and M. Wedel, ``Goal Control of Attention to 
Advertising: The Yarbus Implication.'' Journal of Consumer Research, 
vol. 34, pp. 224-233, 2007.
8. Schlosser, A. E., ``Experiencing Products in the Virtual World: 
The Role of Goal and Imagery in Influencing Attitudes Versus 
Purchase Intentions.'' Journal of Consumer Research, vol. 30, pp. 
184-198, 2003, http://dx.doi.org/10.1086/376807.

    Dated: October 31, 2016.
Leslie Kux,
Associate Commissioner for Policy.
[FR Doc. 2016-26793 Filed 11-4-16; 8:45 am]
 BILLING CODE 4164-01-P



                                                                             Federal Register / Vol. 81, No. 215 / Monday, November 7, 2016 / Notices                                              78163

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

                                                Focus Groups About Drug Products ...................................        1,440                 1              1,440               1.75        2,520
                                                   1 There   are no capital costs or operating and maintenance costs associated with this collection of information.


                                                  Dated: November 1, 2016.                               www.regulations.gov will be posted to                 information you claim to be confidential
                                                Leslie Kux,                                              the docket unchanged. Because your                    with a heading or cover note that states
                                                Associate Commissioner for Policy.                       comment will be made public, you are                  ‘‘THIS DOCUMENT CONTAINS
                                                [FR Doc. 2016–26794 Filed 11–4–16; 8:45 am]              solely responsible for ensuring that your             CONFIDENTIAL INFORMATION.’’ The
                                                BILLING CODE 4164–01–P
                                                                                                         comment does not include any                          Agency will review this copy, including
                                                                                                         confidential information that you or a                the claimed confidential information, in
                                                                                                         third party may not wish to be posted,                its consideration of comments. The
                                                DEPARTMENT OF HEALTH AND                                 such as medical information, your or                  second copy, which will have the
                                                HUMAN SERVICES                                           anyone else’s Social Security number, or              claimed confidential information
                                                                                                         confidential business information, such               redacted/blacked out, will be available
                                                Food and Drug Administration                             as a manufacturing process. Please note               for public viewing and posted on http://
                                                                                                         that if you include your name, contact                www.regulations.gov. Submit both
                                                [Docket No. FDA–2016–N–3585]
                                                                                                         information, or other information that                copies to the Division of Dockets
                                                Agency Information Collection                            identifies you in the body of your                    Management. If you do not wish your
                                                Activities; Proposed Collection;                         comments, that information will be                    name and contact information to be
                                                Comment Request; Character-Space-                        posted on http://www.regulations.gov.                 made publicly available, you can
                                                Limited Online Prescription Drug                           • If you want to submit a comment                   provide this information on the cover
                                                Communications                                           with confidential information that you                sheet and not in the body of your
                                                                                                         do not wish to be made available to the               comments and you must identify this
                                                AGENCY:      Food and Drug Administration,               public, submit the comment as a                       information as ‘‘confidential.’’ Any
                                                HHS.                                                     written/paper submission and in the                   information marked as ‘‘confidential’’
                                                ACTION:   Notice.                                        manner detailed (see ‘‘Written/Paper                  will not be disclosed except in
                                                                                                         Submissions’’ and ‘‘Instructions’’).                  accordance with 21 CFR 10.20 and other
                                                SUMMARY:   The Food and Drug                                                                                   applicable disclosure law. For more
                                                Administration (FDA) is announcing an                    Written/Paper Submissions                             information about FDA’s posting of
                                                opportunity for public comment on the                       Submit written/paper submissions as                comments to public dockets, see 80 FR
                                                proposed collection of certain                           follows:                                              56469, September 18, 2015, or access
                                                information by the Agency. Under the                        • Mail/Hand delivery/Courier (for                  the information at: http://www.fda.gov/
                                                Paperwork Reduction Act of 1995 (the                     written/paper submissions): Division of               regulatoryinformation/dockets/
                                                PRA), Federal Agencies are required to                   Dockets Management (HFA–305), Food                    default.htm.
                                                publish notice in the Federal Register                   and Drug Administration, 5630 Fishers                    Docket: For access to the docket to
                                                concerning each proposed collection of                   Lane, Rm. 1061, Rockville, MD 20852.                  read background documents or the
                                                information and to allow 60 days for                        • For written/paper comments                       electronic and written/paper comments
                                                public comment in response to the                        submitted to the Division of Dockets                  received, go to http://
                                                notice. This notice solicits comments on                 Management, FDA will post your                        www.regulations.gov and insert the
                                                research entitled, ‘‘Character-Space-                    comment, as well as any attachments,                  docket number, found in brackets in the
                                                Limited Online Prescription Drug                         except for information submitted,                     heading of this document, into the
                                                Communications.’’ The objective of this                  marked and identified, as confidential,               ‘‘Search’’ box and follow the prompts
                                                research is to test whether a link to                    if submitted as detailed in                           and/or go to the Division of Dockets
                                                prescription drug risk information can                   ‘‘Instructions.’’                                     Management, 5630 Fishers Lane, Rm.
                                                effectively convey the risks associated                     Instructions: All submissions received             1061, Rockville, MD 20852.
                                                with a drug when benefit claims about                    must include the Docket No. FDA–                      FOR FURTHER INFORMATION CONTACT: FDA
                                                that drug are made within character-                     2016–N–3585 for ‘‘Character-Space-                    PRA Staff, Office of Operations, Food
                                                space-limited communications used in                     Limited Online Prescription Drug                      and Drug Administration, Three White
                                                prescription drug promotion.                             Communications.’’ Received comments                   Flint North, 10A63, 11601 Landsdown
                                                DATES: Submit either electronic or                       will be placed in the docket and, except              St., North Bethesda, MD 20852,
                                                written comments on the collection of                    for those submitted as ‘‘Confidential                 PRAStaff@fda.hhs.gov.
                                                information by January 6, 2017.                          Submissions,’’ publicly viewable at                   SUPPLEMENTARY INFORMATION:
                                                ADDRESSES: You may submit comments                       http://www.regulations.gov or at the
                                                                                                         Division of Dockets Management                        I. Background
                                                as follows:
                                                                                                         between 9 a.m. and 4 p.m., Monday                        Under the PRA (44 U.S.C. 3501–
                                                Electronic Submissions                                                                                         3520), Federal Agencies must obtain
sradovich on DSK3GMQ082PROD with NOTICES




                                                                                                         through Friday.
                                                  Submit electronic comments in the                         • Confidential Submissions—To                      approval from the Office of Management
                                                following way:                                           submit a comment with confidential                    and Budget (OMB) for each collection of
                                                  • Federal eRulemaking Portal: http://                  information that you do not wish to be                information they conduct or sponsor.
                                                www.regulations.gov. Follow the                          made publicly available, submit your                  ‘‘Collection of information’’ is defined
                                                instructions for submitting comments.                    comments only as a written/paper                      in 44 U.S.C. 3502(3) and 5 CFR
                                                Comments submitted electronically,                       submission. You should submit two                     1320.3(c) and includes Agency requests
                                                including attachments, to http://                        copies total. One copy will include the               or requirements that members of the


                                           VerDate Sep<11>2014    16:02 Nov 04, 2016   Jkt 241001   PO 00000   Frm 00057   Fmt 4703   Sfmt 4703   E:\FR\FM\07NON1.SGM    07NON1


                                                78164                       Federal Register / Vol. 81, No. 215 / Monday, November 7, 2016 / Notices

                                                public submit reports, keep records, or                    Regardless of character space constraints          and Study 4 materials will be a
                                                provide information to a third party.                   that may be present on certain Internet/social        character-space-limited communication
                                                Section 3506(c)(2)(A) of the PRA (44                    media platforms, if a firm chooses to make            about a fictional drug to treat migraine,
                                                U.S.C. 3506(c)(2)(A)) requires Federal                  a product benefit claim, the firm should also
                                                                                                                                                              embedded in a Twitter search page
                                                                                                        incorporate risk information within the same
                                                Agencies to provide a 60-day notice in                  character-space-limited communication. The            about migraine.
                                                the Federal Register concerning each                    firm should also provide a mechanism to                  All study materials will allow for
                                                proposed collection of information                      allow direct access to a more complete                scrolling and clicking on any links. The
                                                before submitting the collection to OMB                 discussion of the risks associated with its           study materials will be accessible by
                                                for approval. To comply with this                       product.                                              participants only. After viewing the
                                                requirement, FDA is publishing notice                      The concept of linking to risk                     study materials, participants will
                                                of the proposed collection of                           information by providing substantive                  complete a questionnaire that assesses
                                                information set forth in this document.
                                                                                                        product risk information on a landing                 participants’ retention of the risk
                                                   With respect to the following
                                                                                                        page (‘‘link to the risk information’’),              information and their perceptions of the
                                                collection of information, FDA invites
                                                comments on these topics: (1) Whether                   rather than presenting risk information               drug’s risks and benefits. We will also
                                                the proposed collection of information                  together with product benefit                         measure covariates such as
                                                is necessary for the proper performance                 information within the character-space-               demographics and literacy. The
                                                of FDA’s functions, including whether                   limited communication, has been the                   questionnaires are available upon
                                                the information will have practical                     subject of legislation and has been                   request.
                                                utility; (2) the accuracy of FDA’s                      discussed as an option by some in                        We hypothesize that participants who
                                                estimate of the burden of the proposed                  industry and media (for example, Refs.
                                                                                                                                                              see substantive risk information in the
                                                collection of information, including the                2–5).
                                                                                                                                                              character-space-limited communication,
                                                validity of the methodology and                            The studies are designed to address
                                                                                                                                                              compared with link-only participants,
                                                assumptions used; (3) ways to enhance                   the question of whether substantive risk
                                                                                                                                                              will have greater retention of the risk
                                                the quality, utility, and clarity of the                information in the character-space-
                                                                                                                                                              included in the communication and
                                                information to be collected; and (4)                    limited communications is effective in
                                                                                                                                                              higher perceived risk. We will explore
                                                ways to minimize the burden of the                      communicating risks when benefit
                                                                                                        claims are made, or whether a link to                 whether including substantive risk
                                                collection of information on                                                                                  information in the character-space-
                                                respondents, including through the use                  the risk information is sufficient. Within
                                                                                                        each study, we will manipulate whether                limited communication affects the
                                                of automated collection techniques,                                                                           likelihood that participants notice the
                                                when appropriate, and other forms of                    or not substantive risk information
                                                                                                        appears in the character-space-limited                communication or click the link to the
                                                information technology.                                                                                       risk information. We hypothesize that
                                                                                                        communication.
                                                Character Space-Limited Online                             Another factor to consider is that                 participants with a search goal,
                                                Prescription Drug Communications,                       when consumers turn to the Internet for               compared with a browse goal, will have
                                                OMB Control Number 0910—NEW                             information, they are driven by different             greater retention of the benefit and risk
                                                                                                        goals. These goals can affect what                    information and higher perceived risk
                                                   Section 1701(a)(4) of the Public
                                                                                                        information they pay attention to and                 because they will be more likely to
                                                Health Service Act (42 U.S.C.
                                                                                                        what kind of information they find                    notice the character-space-limited
                                                300u(a)(4)) authorizes the FDA to
                                                                                                        (Refs. 6–8). Therefore, we will also                  communication and to click the link to
                                                conduct research relating to health
                                                                                                        manipulate whether participants are                   the risk information. We will test these
                                                information. Section 1003(d)(2)(C) of the
                                                                                                        instructed to browse the information or               hypotheses in Studies 1–4 to determine
                                                Federal Food, Drug, and Cosmetic Act
                                                (the FD&C Act) (21 U.S.C. 393(d)(2)(C))                 to search for specific information.                   whether these effects hold across
                                                authorizes FDA to conduct research                         Two pretests will be conducted to test             different medical conditions and
                                                relating to drugs and other FDA                         the goal instructions, stimuli,                       different character-space-limited
                                                regulated products in carrying out the                  questionnaire, and procedure. In                      platforms. To test these hypotheses, we
                                                provisions of the FD&C Act.                             Studies 1–4, participants will be                     will conduct inferential statistical tests
                                                   Prescription drug regulations require                randomly assigned to one experimental                 such as logistic regression and analysis
                                                a fair balance of the content and                       condition and will view the                           of variance.
                                                prominence of risk and benefit                          corresponding study materials (Tables                    All participants will be 18 years of age
                                                information in prescription drug                        1–4). Across all studies, we will                     or older. We will exclude individuals
                                                product claim promotion. The rise of                    examine two different character-space-                who work in healthcare or marketing.
                                                Internet communications that have                       limited formats and two medical                       Half of the studies will have a sample
                                                character space limitations, such as                    conditions. For Pretest 1 and Study 1,                of participants who self-report needing
                                                sponsored link promotion and                            the study materials will be a character-              to lose 30 pounds or more; the other half
                                                microblog messaging, has led to                         space-limited communication about a                   will have a sample of participants who
                                                questions about how to use these                        fictional weight loss drug, embedded in               self-report suffering from migraines. We
                                                communications for prescription drug                    a Google search page about weight loss.               selected these samples to increase the
                                                promotion while complying with the                      The Study 2 materials will be a                       likelihood that participants will be
                                                fair balance requirements. In 2014, FDA                 character-space-limited communication                 interested in the fictitious study drugs
                                                released a draft guidance entitled,                     about a fictional drug to treat migraine,             and therefore motivated to pay attention
                                                                                                        embedded in a Google search page about                during the study. The studies will be
sradovich on DSK3GMQ082PROD with NOTICES




                                                ‘‘Guidance for Industry Internet/Social
                                                Media Platforms with Character Space                    migraine. The Study 3 materials will be               conducted with an Internet panel. With
                                                Limitations—Presenting Risk and                         a character-space-limited                             the sample sizes described below, we
                                                Benefit Information for Prescription                    communication about a fictional weight                will have sufficient power to detect
                                                Drugs and Medical Devices,’’ (Ref. 1)                   loss drug, embedded in a Twitter search               small-sized effects in Studies 1–4 (Table
                                                which states:                                           page about weight loss. The Pretest 2                 5).




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                                                                                    Federal Register / Vol. 81, No. 215 / Monday, November 7, 2016 / Notices                                                                                                    78165

                                                                                                    TABLE 1—STUDY 1: GOOGLE SPONSORED LINK, WEIGHT LOSS
                                                                                                                                                                                                                                                Goal

                                                                                                                                                                                                                                Browse                      Search

                                                Risk Location:
                                                    In character-space-limited communication .......................................................................................................                       ........................   ........................
                                                    On landing page only .......................................................................................................................................           ........................   ........................


                                                                                                          TABLE 2—STUDY 2: GOOGLE SPONSORED LINK, MIGRAINE
                                                                                                                                                                                                                                                Goal

                                                                                                                                                                                                                                Browse                      Search

                                                Risk Location:
                                                    In character-space-limited communication .......................................................................................................                       ........................   ........................
                                                    On landing page only .......................................................................................................................................           ........................   ........................


                                                                                                                  TABLE 3—STUDY 3: TWITTER, WEIGHT LOSS
                                                                                                                                                                                                                                                Goal

                                                                                                                                                                                                                                Browse                      Search

                                                Risk Location:
                                                    In character-space-limited communication .......................................................................................................                       ........................   ........................
                                                    On landing page only .......................................................................................................................................           ........................   ........................


                                                                                                                      TABLE 4—STUDY 4: TWITTER, MIGRAINE
                                                                                                                                                                                                                                                Goal

                                                                                                                                                                                                                                Browse                      Search

                                                Risk Location:
                                                    In character-space-limited communication .......................................................................................................                       ........................   ........................
                                                    On landing page only .......................................................................................................................................           ........................   ........................



                                                  FDA estimates the burden of this
                                                collection of information as follows:

                                                                                                            TABLE 5—ESTIMATED ANNUAL REPORTING BURDEN 1
                                                                                                                                    Number of
                                                                                                             Number of                                        Total annual
                                                                     Activity                                                     responses per                                               Average burden per response                               Total hours
                                                                                                            respondents                                        responses
                                                                                                                                    respondent

                                                Pretest 1 screener ............................                          464                           1                          1     .08   (5 min.) .......................................                           39
                                                Pretest 2 screener ............................                          464                           1                          1     .08   (5 min.) .......................................                           39
                                                Study 1 screener ...............................                         786                           1                          1     .08   (5 min.) .......................................                           66
                                                Study 2 screener ...............................                         786                           1                          1     .08   (5 min.) .......................................                           66
                                                Study 3 screener ...............................                         786                           1                          1     .08   (5 min.) .......................................                           66
                                                Study 4 screener ...............................                         786                           1                          1     .08   (5 min.) .......................................                           66
                                                Pretest 1 ............................................                   277                           1                          1     .33   (20 min.) .....................................                            93
                                                Pretest 2 ............................................                   277                           1                          1     .33   (20 min.) .....................................                            93
                                                Study 1 ..............................................                   469                           1                          1     .33   (20 min.) .....................................                           157
                                                Study 2 ..............................................                   469                           1                          1     .33   (20 min.) .....................................                           157
                                                Study 3 ..............................................                   469                           1                          1     .33   (20 min.) .....................................                           157
                                                Study 4 ..............................................                   469                           1                          1     .33   (20 min.) .....................................                           157

                                                      Total ...........................................               6,502       ........................   ........................   ...........................................................                  1,156
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                                                   1 There    are no capital costs or operating and maintenance costs associated with this collection of information.


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


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                                                78166                       Federal Register / Vol. 81, No. 215 / Monday, November 7, 2016 / Notices

                                                1. Guidance for Industry: Internet/Social               in FDA’s Tobacco Product Violations                   between 9 a.m. and 4 p.m., Monday
                                                     Media Platforms with Character Space               Reporting Form.                                       through Friday.
                                                     Limitations—Presenting Risk and Benefit
                                                                                                        DATES: Submit either electronic or                       • Confidential Submissions—To
                                                     Information for Prescription Drugs and                                                                   submit a comment with confidential
                                                     Medical Devices, available at: http://             written comments on the collection of
                                                                                                        information by January 6, 2017.                       information that you do not wish to be
                                                     www.fda.gov/downloads/drugs/guidance
                                                     complianceregulatoryinformation/                                                                         made publicly available, submit your
                                                                                                        ADDRESSES: You may submit comments
                                                     guidances/ucm401087.pdf.                                                                                 comments only as a written/paper
                                                                                                        as follows:
                                                2. https://www.congress.gov/bill/114th-                                                                       submission. You should submit two
                                                     congress/house-bill/2479/text.                     Electronic Submissions                                copies total. One copy will include the
                                                3. http://www.fda.gov/AboutFDA/Centers
                                                                                                          Submit electronic comments in the                   information you claim to be confidential
                                                     Offices/OfficeofMedicalProductsand                                                                       with a heading or cover note that states
                                                     Tobacco/CDER/ucm184250.htm.                        following way:
                                                                                                          • Federal eRulemaking Portal: http://               ‘‘THIS DOCUMENT CONTAINS
                                                4. http://www.politico.com/story/2015/06/at-                                                                  CONFIDENTIAL INFORMATION.’’ The
                                                     the-fda-drugs-and-tweets-dont-mix-                 www.regulations.gov. Follow the
                                                                                                        instructions for submitting comments.                 Agency will review this copy, including
                                                     118693.
                                                5. http://www.dtcperspectives.com/is-one-               Comments submitted electronically,                    the claimed confidential information, in
                                                     click-in-the-cards/.                               including attachments, to http://                     its consideration of comments. The
                                                6. Detlor, B., S. Sproule, and C. Gupta, ‘‘Pre-         www.regulations.gov will be posted to                 second copy, which will have the
                                                     Purchase Online Information Seeking:               the docket unchanged. Because your                    claimed confidential information
                                                     Search Versus Browse.’’ Journal of                 comment will be made public, you are                  redacted/blacked out, will be available
                                                     Electronic Commerce Research, vol. 4,                                                                    for public viewing and posted on http://
                                                     pp. 72–84, 2003.
                                                                                                        solely responsible for ensuring that your
                                                                                                        comment does not include any                          www.regulations.gov. Submit both
                                                7. Pieters, R. and M. Wedel, ‘‘Goal Control of                                                                copies to the Division of Dockets
                                                     Attention to Advertising: The Yarbus               confidential information that you or a
                                                                                                        third party may not wish to be posted,                Management. If you do not wish your
                                                     Implication.’’ Journal of Consumer
                                                     Research, vol. 34, pp. 224–233, 2007.              such as medical information, your or                  name and contact information to be
                                                8. Schlosser, A. E., ‘‘Experiencing Products in         anyone else’s Social Security number, or              made publicly available, you can
                                                     the Virtual World: The Role of Goal and            confidential business information, such               provide this information on the cover
                                                     Imagery in Influencing Attitudes Versus            as a manufacturing process. Please note               sheet and not in the body of your
                                                     Purchase Intentions.’’ Journal of                  that if you include your name, contact                comments and you must identify this
                                                     Consumer Research, vol. 30, pp. 184–                                                                     information as ‘‘confidential.’’ Any
                                                     198, 2003, http://dx.doi.org/10.1086/
                                                                                                        information, or other information that
                                                                                                        identifies you in the body of your                    information marked as ‘‘confidential’’
                                                     376807.                                                                                                  will not be disclosed except in
                                                                                                        comments, that information will be
                                                  Dated: October 31, 2016.                              posted on http://www.regulations.gov.                 accordance with 21 CFR 10.20 and other
                                                Leslie Kux,                                               • If you want to submit a comment                   applicable disclosure law. For more
                                                Associate Commissioner for Policy.                      with confidential information that you                information about FDA’s posting of
                                                [FR Doc. 2016–26793 Filed 11–4–16; 8:45 am]             do not wish to be made available to the               comments to public dockets, see 80 FR
                                                BILLING CODE 4164–01–P                                  public, submit the comment as a                       56469, September 18, 2015, or access
                                                                                                        written/paper submission and in the                   the information at: http://www.fda.gov/
                                                                                                        manner detailed (see ‘‘Written/Paper                  regulatoryinformation/dockets/
                                                DEPARTMENT OF HEALTH AND                                Submissions’’ and ‘‘Instructions’’).                  default.htm.
                                                HUMAN SERVICES                                                                                                   Docket: For access to the docket to
                                                                                                        Written/Paper Submissions                             read background documents or the
                                                Food and Drug Administration                               Submit written/paper submissions as                electronic and written/paper comments
                                                                                                        follows:                                              received, go to http://
                                                [Docket No. FDA–2014–N–0086]                               • Mail/Hand delivery/Courier (for                  www.regulations.gov and insert the
                                                                                                        written/paper submissions): Division of               docket number, found in brackets in the
                                                Agency Information Collection                                                                                 heading of this document, into the
                                                                                                        Dockets Management (HFA–305), Food
                                                Activities; Proposed Collection;                                                                              ‘‘Search’’ box and follow the prompts
                                                                                                        and Drug Administration, 5630 Fishers
                                                Comment Request; Potential Tobacco                                                                            and/or go to the Division of Dockets
                                                                                                        Lane, Rm. 1061, Rockville, MD 20852.
                                                Product Violations Reporting Form                                                                             Management, 5630 Fishers Lane, Rm.
                                                                                                           • For written/paper comments
                                                AGENCY:    Food and Drug Administration,                submitted to the Division of Dockets                  1061, Rockville, MD 20852.
                                                HHS.                                                    Management, FDA will post your                        FOR FURTHER INFORMATION CONTACT: FDA
                                                ACTION:   Notice.                                       comment, as well as any attachments,                  PRA Staff, Office of Operations, Food
                                                                                                        except for information submitted,                     and Drug Administration, Three White
                                                SUMMARY:   The Food and Drug                            marked and identified, as confidential,               Flint North, 10A63, 11601 Landsdown
                                                Administration (FDA) is announcing an                   if submitted as detailed in                           St., North Bethesda, MD 20852,
                                                opportunity for public comment on the                   ‘‘Instructions.’’                                     PRAStaff@fda.hhs.gov.
                                                proposed collection of certain                             Instructions: All submissions received             SUPPLEMENTARY INFORMATION: Under the
                                                information by the Agency. Under the                    must include the Docket No. FDA–                      PRA (44 U.S.C. 3501–3520), Federal
                                                Paperwork Reduction Act of 1995 (the                    2014–N–0086 for ‘‘Agency Information                  Agencies must obtain approval from the
                                                PRA), Federal Agencies are required to                  Collection Activities; Proposed                       Office of Management and Budget
                                                publish notice in the Federal Register                  Collection; Comment Request; Potential                (OMB) for each collection of
sradovich on DSK3GMQ082PROD with NOTICES




                                                concerning each proposed collection of                  Tobacco Product Violations Reporting                  information they conduct or sponsor.
                                                information, including each proposed                    Form.’’ Received comments will be                     ‘‘Collection of information’’ is defined
                                                extension of an existing collection of                  placed in the docket and, except for                  in 44 U.S.C. 3502(3) and 5 CFR
                                                information, and to allow 60 days for                   those submitted as ‘‘Confidential                     1320.3(c) and includes Agency requests
                                                public comment in response to the                       Submissions,’’ publicly viewable at                   or requirements that members of the
                                                notice. This notice solicits comments on                http://www.regulations.gov or at the                  public submit reports, keep records, or
                                                the collection of information contained                 Division of Dockets Management                        provide information to a third party.


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Document Created: 2018-02-14 08:21:38
Document Modified: 2018-02-14 08:21:38
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice.
DatesSubmit either electronic or written comments on the collection of information by January 6, 2017.
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 78163 

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