82_FR_27381 82 FR 27268 - Agency Information Collection Activities; Proposed Collection; Comment Request; Disclosures in Professional and Consumer Prescription Drug Promotion

82 FR 27268 - Agency Information Collection Activities; Proposed Collection; Comment Request; Disclosures in Professional and Consumer Prescription Drug Promotion

DEPARTMENT OF HEALTH AND HUMAN SERVICES
Food and Drug Administration

Federal Register Volume 82, Issue 113 (June 14, 2017)

Page Range27268-27271
FR Document2017-12329

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, ``Disclosures in Professional and Consumer Prescription Drug Promotion.''

Federal Register, Volume 82 Issue 113 (Wednesday, June 14, 2017)
[Federal Register Volume 82, Number 113 (Wednesday, June 14, 2017)]
[Notices]
[Pages 27268-27271]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-12329]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2017-N-0558]


Agency Information Collection Activities; Proposed Collection; 
Comment Request; Disclosures in Professional and Consumer Prescription 
Drug Promotion

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, ``Disclosures in 
Professional and Consumer Prescription Drug Promotion.''

DATES: Submit either electronic or written comments on the collection 
of information by August 14, 2017.

ADDRESSES: You may submit comments as follows. Please note that late, 
untimely filed comments will not be considered. Electronic comments 
must be submitted on or before August 14, 2017. The https://www.regulations.gov electronic filing system will accept comments until 
midnight Eastern Time at the end of August 14, 2017. Comments received 
by mail/hand delivery/courier (for written/paper submissions) will be 
considered timely if they are postmarked or the delivery service 
acceptance receipt is on or before that date.

Electronic Submissions

    Submit electronic comments in the following way:
     Federal eRulemaking Portal: https://www.regulations.gov. 
Follow the instructions for submitting comments. Comments submitted 
electronically, including attachments, to https://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 https://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-2017-N-0558 for ``Disclosures in Professional and Consumer 
Prescription Drug Promotion.'' Received comments will be placed in the 
docket and, except for those submitted as ``Confidential Submissions,'' 
publicly viewable at https://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

[[Page 27269]]

redacted/blacked out, will be available for public viewing and posted 
on https://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 https://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: Jonnalynn Capezzuto, Office of 
Operations, Food and Drug Administration, 8455 Colesville Rd., COLE-
14526, Silver Spring, MD 20993-0002, 301-796-3794, 
[email protected].

SUPPLEMENTARY INFORMATION: 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 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.

Disclosures in Professional and Consumer Prescription Drug Promotion--
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.
    FDA regulates prescription drug promotion directed to healthcare 
professionals (HCPs) and consumers (section 502(n) of the FD&C Act (21 
U.S.C. 352(n)). In the course of promoting their products, 
pharmaceutical sponsors (sponsors) may present a variety of information 
including the indication, details about the administration of the 
product, efficacy information, and clinical trial data. In an effort to 
present often complicated information concisely, sponsors may not 
include relevant information in the body of the text or visual display 
of the claim. Additionally, sponsors may not always present limitations 
to the claim in the main body of the text or display. In these cases, 
sponsors typically include disclosures of information somewhere in the 
promotional piece.
    There is little or no published research on disclosures in 
prescription drug promotion, either directed to consumers or to HCPs. 
Previous research on the effectiveness of disclosures has been 
conducted primarily in the dietary supplement arena (Refs. 1-4). Thus, 
the proposed research will examine the effectiveness of clear and 
conspicuous disclosures in prescription drug promotion directed to both 
of these populations. The purpose of our study is to determine how 
useful disclosures regarding prescription drug information are when 
presented prominently and adjacent to claims.\1\ Specifically, are HCPs 
and consumers able to use disclosures to effectively frame information 
in efficacy claims in prescription drug promotion?
---------------------------------------------------------------------------

    \1\ The Federal Trade Commission (FTC), which regulates the 
advertising of non-prescription drug products as well as other non-
FDA regulated products (e.g., package goods, cars, etc.), issued a 
specific position on disclosures (Ref. 5) for the advertising it 
regulates. Specifically, FTC explains that disclosures must be 
``clear and conspicuous''; in other words, in understandable 
language, located near the claim to be further clarified, and not 
hidden or minimized by small font or other distractions.
---------------------------------------------------------------------------

    To address this research question, we have designed a set of 
studies that cover both consumers and HCPs, as well as three different 
types of claims: Scope of treatment, ease of use, and statistical 
significance (see table 1). The scope of treatment claim can be thought 
of as a disease-awareness claim; that is, a broader discussion of a 
medical condition that may include disease characteristics beyond what 
the promoted drug has been shown to treat, followed by a disclosure of 
this nature. The ease of use claim is a simple claim of easy drug 
administration that omits specific important details that contribute to 
a more difficult drug administration than suggested. Finally, the 
statistical significance claim will be

[[Page 27270]]

one in which the disclosure reveals that the presented analyses were 
not statistically significant, and thus must be viewed with 
considerable caution.

                       Table 1--Identical Study Designs for Samples of HCPs and Consumers
----------------------------------------------------------------------------------------------------------------
                                                                  Level of disclosure
            Type of claim             --------------------------------------------------------------------------
                                                 Weak                     Strong                  Control
----------------------------------------------------------------------------------------------------------------
                                                  Study A: HCPs
----------------------------------------------------------------------------------------------------------------
Scope of Treatment...................  Evidence Only...........  Evidence + Conclusion...  None.
Ease of Use..........................  Evidence Only...........  Evidence + Conclusion...  None.
Statistical Significance.............  Evidence Only...........  Evidence + Conclusion...  None.
----------------------------------------------------------------------------------------------------------------
                                               Study B: Consumers
----------------------------------------------------------------------------------------------------------------
Scope of Treatment...................  Evidence Only...........  Evidence + Conclusion...  None.
Ease of Use..........................  Evidence Only...........  Evidence + Conclusion...  None.
Statistical Significance.............  Evidence Only...........  Evidence + Conclusion...  None.
----------------------------------------------------------------------------------------------------------------

    Each participant will view three different mock promotional print 
pieces for different prescription drug products. For each of the three 
promotional pieces, they will be randomized to see an ad with a weak 
disclosure, a strong disclosure, or no disclosure. We will manipulate 
the strength of disclosure by including additional concluding 
information (strong) or not (weak) in the disclosure statement. In all 
cases, disclosures will be adjacent to claims and written in font clear 
enough to be detected.
    Technically speaking, these designs can be viewed as 3 within-
subjects 1 x 3 designs with level of disclosure as a between subject 
factor. In other words, we will analyze the results of the scope of 
treatment disclosures independently of the ease of use disclosures and 
statistical significance disclosures, even though each participant will 
see one of each. The claims and disclosures are different enough that 
practice effects should be moderated, but we will counterbalance the 
order of ads shown to minimize potential bias.
    Because promotional pieces intended for HCPs and consumers have 
different levels of complexity and medical depth, and because the 
amount of knowledge expected between the two groups differs, the 
studies will use separate mock promotional pieces and ask slightly 
different comprehension questions of each group. We will maintain as 
much similarity across groups as possible for descriptive comparisons.
    Both consumers and HCPs will be recruited from Internet panels. 
Because promotional pieces will represent three different medical 
conditions, we will obtain a general population sample of consumers and 
a HCP sample of primary care physicians. Eligible participants who 
agree to participate will view mock promotional pieces and answer 
questions about their comprehension of the main messages in the 
promotion, perceptions of the product, attention to disclosures and 
intention to ask a HCP about it (consumers) or to prescribe the product 
(HCPs). Questionnaires are available upon request.
    Pretests will be conducted before conducting the main studies in 
order to ensure the mock promotional pieces are realistic and that the 
questionnaire flows well and questions are reasonable. We will 
supplement the findings of the pretests with two small eye-tracking 
studies. Researchers use eye-tracking technology to capture viewing 
behavior that is independent of self-report. The technology measures 
where and for how long participants glanced at or examined particular 
parts of a display. It has been used in studies of consumer print 
advertising (Refs. 6-8) and Internet promotion (Refs. 9-10). To our 
knowledge, there is little or no published research using eye-tracking 
technology with HCPs.
    We will use these small eye-tracking studies to determine what 
parts of each promotional piece consumers and HCPs actually viewed. 
Specifically, we will be able to determine whether they looked at the 
disclosure statement at all, and we can obtain a rough idea of how long 
they looked at it. This data will complement the self-reported items on 
the questionnaire. Moreover, we will use this data, as well as the 
pretest data, to improve the main studies. For this part of the study, 
20 consumers and 20 HCPs will view the promotional pieces.
    FDA estimates the burden of this collection of information as 
follows:

                                                     Table 2--Estimated Annual Reporting Burden \1\
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                 Number of
                Activity \1\                     Number of     responses per   Total annual           Average burden per response           Total hours
                                                respondents     respondent       responses                                                      \2\
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                        Consumers
--------------------------------------------------------------------------------------------------------------------------------------------------------
Pretest Screener............................             833               1             833  .03 (2 min.)..............................              25
Pretest.....................................             500               1             500  0.33 (20 min.)............................             165
Eye-Tracking Screener.......................              80               1              80  .08 (5 min.)..............................               7
Eye-Tracking Study..........................              20               1              20  1.........................................              20
Main Study Screener.........................           2,500               1           2,500  .03 (2 min.)..............................              75
Main Study..................................           1,500               1           1,500  0.33 (20 min.)............................             495
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                          HCPs
--------------------------------------------------------------------------------------------------------------------------------------------------------
Pretest Screener............................             735               1             735  .03 (2 min.)..............................              22

[[Page 27271]]

 
Pretest.....................................             500               1             500  0.33 (20 min.)............................             165
Eye-Tracking Screener.......................              80               1              80  .08 (5 min.)..............................               7
Eye-Tracking Study..........................              20               1              20  1.........................................              20
Main Study Screener.........................           2,206               1           2,206  .03 (2 min.)..............................              67
Main Study..................................           1,500               1           1,500  0.33 (20 min.)............................             495
                                             -----------------------------------------------------------------------------------------------------------
    Total...................................  ..............  ..............  ..............  ..........................................           1,563
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ There are no capital costs or operating and maintenance costs associated with this collection of information.
\2\ Rounded to the next full hour.

References

1. Dodge, T. and A. Kaufman. ``What Makes Consumers Think Dietary 
Supplements Are Safe and Effective? The Role of Disclaimers and FDA 
Approval.'' Health Psychology, 26(4), 513-517. (2007).
2. Dodge, T., D. Litt, and A. Kaufman. ``Influence of the Dietary 
Supplement Health and Education Act on Consumer Beliefs About the 
Safety and Effectiveness of Dietary Supplements.'' Journal of Health 
Communication: International Perspectives. 16(3), 230-244. (2011).
3. Mason, M.J., D.L. Scammon, and X. Feng. ``The Impact of Warnings, 
Disclaimers and Product Experience on Consumers' Perceptions of 
Dietary Supplements.'' Journal of Consumer Affairs, 41(1), 74-99. 
(2007).
4. France, K.R. and P.F. Bone. ``Policy Makers' Paradigms and 
Evidence from Consumer Interpretations of Dietary Supplement 
Labels.'' Journal of Consumer Affairs, 39(1), 27-51. (2005).
5. FTC. ``Full Disclosure.'' Accessed at: https://www.ftc.gov/news-events/blogs/business-blog/2014/09/full-disclosure (September 23, 
2014).
6. Higgins, E., M. Leinenger, and K. Rayner. ``Eye Movements When 
Viewing Advertisements.'' Frontiers in Psychology, 5, 210. (2014).
7. Pieters, R., M. Wedel, and R. Batra. ``The Stopping Power of 
Advertising: Measures and Effects of Visual Complexity.'' Journal of 
Marketing, 74(5), 48-60. (2010).
8. Thomsen, S. and K. Fulton. ``Adolescents' Attention to 
Responsibility Messages in Magazine Alcohol Advertisements: An Eye-
Tracking Approach.'' Journal of Adolescent Health, 41, 27-34. 
(2007).
9. Simola, J., J. Kuisma, A. [Ouml][ouml]rni, L. Uusitalo, et al. 
``The Impact of Salient Advertisements on Reading and Attention on 
Web pages.'' Journal of Experimental Psychology: Applied, 17(2), 
174-190. (2011).
10. Wedel, M. and R. Pieters. ``A Review of Eye-Tracking Research in 
Marketing.'' In Review of Marketing Research, Vol. 4 (pp. 123-147), 
N.K. Malhotra (Ed.). Armonk, New York: M.E. Sharpe. (2008).

    Dated: June 9, 2017.
Anna K. Abram,
Deputy Commissioner for Policy, Planning, Legislation, and Analysis.
[FR Doc. 2017-12329 Filed 6-13-17; 8:45 am]
 BILLING CODE 4164-01-P



                                                  27268                        Federal Register / Vol. 82, No. 113 / Wednesday, June 14, 2017 / Notices

                                                  II. Determination of Regulatory Review                  305), Food and Drug Administration,                    including attachments, to https://
                                                  Period                                                  5630 Fishers Lane, Rm. 1061, Rockville,                www.regulations.gov will be posted to
                                                    FDA has determined that the                           MD 20852.                                              the docket unchanged. Because your
                                                  applicable regulatory review period for                   Dated: June 9, 2017.                                 comment will be made public, you are
                                                  NEUROPACE RNS SYSTEM is 3,796                           Anna K. Abram,
                                                                                                                                                                 solely responsible for ensuring that your
                                                  days. Of this time, 2,694 days occurred                                                                        comment does not include any
                                                                                                          Deputy Commissioner for Policy, Planning,
                                                  during the testing phase of the                                                                                confidential information that you or a
                                                                                                          Legislation, and Analysis.
                                                                                                                                                                 third party may not wish to be posted,
                                                  regulatory review period, while 1102                    [FR Doc. 2017–12322 Filed 6–13–17; 8:45 am]
                                                                                                                                                                 such as medical information, your or
                                                  days occurred during the approval                       BILLING CODE 4164–01–P
                                                                                                                                                                 anyone else’s Social Security number, or
                                                  phase. These periods of time were
                                                                                                                                                                 confidential business information, such
                                                  derived from the following dates:
                                                                                                                                                                 as a manufacturing process. Please note
                                                    1. The date an exemption under                        DEPARTMENT OF HEALTH AND                               that if you include your name, contact
                                                  section 520(g) of the Federal Food, Drug,               HUMAN SERVICES                                         information, or other information that
                                                  and Cosmetic Act (the FD&C Act) (21
                                                                                                          Food and Drug Administration                           identifies you in the body of your
                                                  U.S.C. 360j(g)) involving this device
                                                                                                                                                                 comments, that information will be
                                                  became effective: June 26, 2003. FDA                    [Docket No. FDA–2017–N–0558]                           posted on https://www.regulations.gov.
                                                  has verified the applicant’s claim that                                                                          • If you want to submit a comment
                                                  the date the investigational device                     Agency Information Collection                          with confidential information that you
                                                  exemption (IDE) required under section                  Activities; Proposed Collection;                       do not wish to be made available to the
                                                  520(g) of the FD&C Act for human tests                  Comment Request; Disclosures in                        public, submit the comment as a
                                                  to begin became effective was June 26,                  Professional and Consumer                              written/paper submission and in the
                                                  2003.                                                   Prescription Drug Promotion                            manner detailed (see ‘‘Written/Paper
                                                    2. The date an application was                                                                               Submissions’’ and ‘‘Instructions’’).
                                                  initially submitted with respect to the                 AGENCY:    Food and Drug Administration,
                                                  device under section 515 of the FD&C                    HHS.                                                   Written/Paper Submissions
                                                  Act (21 U.S.C. 360e): November 9, 2010.                 ACTION:   Notice.                                         Submit written/paper submissions as
                                                  FDA has verified the applicant’s claim                                                                         follows:
                                                                                                          SUMMARY:    The Food and Drug
                                                  that the premarket approval application                                                                           • Mail/Hand delivery/Courier (for
                                                  (PMA) for NEUROPACE RNS SYSTEM                          Administration (FDA) is announcing an
                                                                                                                                                                 written/paper submissions): Division of
                                                  (PMA P100026) was initially submitted                   opportunity for public comment on the
                                                                                                                                                                 Dockets Management (HFA–305), Food
                                                  November 9, 2010.                                       proposed collection of certain
                                                                                                                                                                 and Drug Administration, 5630 Fishers
                                                    3. The date the application was                       information by the Agency. Under the
                                                                                                                                                                 Lane, Rm. 1061, Rockville, MD 20852.
                                                  approved: November 14, 2013. FDA has                    Paperwork Reduction Act of 1995 (the                      • For written/paper comments
                                                  verified the applicant’s claim that PMA                 PRA), Federal Agencies are required to                 submitted to the Division of Dockets
                                                  P100026 was approved on November                        publish notice in the Federal Register                 Management, FDA will post your
                                                  14, 2013.                                               concerning each proposed collection of                 comment, as well as any attachments,
                                                    This determination of the regulatory                  information and to allow 60 days for                   except for information submitted,
                                                  review period establishes the maximum                   public comment in response to the                      marked and identified, as confidential,
                                                  potential length of a patent extension.                 notice. This notice solicits comments on               if submitted as detailed in
                                                  However, the USPTO applies several                      research entitled, ‘‘Disclosures in                    ‘‘Instructions.’’
                                                  statutory limitations in its calculations               Professional and Consumer Prescription                    Instructions: All submissions received
                                                  of the actual period for patent extension.              Drug Promotion.’’                                      must include the Docket No. FDA–
                                                  In its applications for patent extension,               DATES: Submit either electronic or                     2017–N–0558 for ‘‘Disclosures in
                                                  the applicant seeks 5 years of patent                   written comments on the collection of                  Professional and Consumer Prescription
                                                  term extension.                                         information by August 14, 2017.                        Drug Promotion.’’ Received comments
                                                                                                          ADDRESSES: You may submit comments                     will be placed in the docket and, except
                                                  III. Petitions
                                                                                                          as follows. Please note that late,                     for those submitted as ‘‘Confidential
                                                    Anyone with knowledge that any of                     untimely filed comments will not be                    Submissions,’’ publicly viewable at
                                                  the dates as published are incorrect may                considered. Electronic comments must                   https://www.regulations.gov or at the
                                                  submit either electronic or written                     be submitted on or before August 14,                   Division of Dockets Management
                                                  comments and ask for a redetermination                  2017. The https://www.regulations.gov                  between 9 a.m. and 4 p.m., Monday
                                                  (see DATES). Furthermore, any interested                electronic filing system will accept                   through Friday.
                                                  person may petition FDA for a                           comments until midnight Eastern Time                      • Confidential Submissions—To
                                                  determination regarding whether the                     at the end of August 14, 2017.                         submit a comment with confidential
                                                  applicant for extension acted with due                  Comments received by mail/hand                         information that you do not wish to be
                                                  diligence during the regulatory review                  delivery/courier (for written/paper                    made publicly available, submit your
                                                  period. To meet its burden, the petition                submissions) will be considered timely                 comments only as a written/paper
                                                  must be timely (see DATES and                           if they are postmarked or the delivery                 submission. You should submit two
                                                  ADDRESSES) and contain sufficient facts                 service acceptance receipt is on or                    copies total. One copy will include the
                                                  to merit an FDA investigation. (See H.                  before that date.                                      information you claim to be confidential
                                                  Rept. 857, part 1, 98th Cong., 2d sess.,                                                                       with a heading or cover note that states
mstockstill on DSK30JT082PROD with NOTICES




                                                  pp. 41–42, 1984.) Petitions should be in                Electronic Submissions                                 ‘‘THIS DOCUMENT CONTAINS
                                                  the format specified in 21 CFR 10.30.                     Submit electronic comments in the                    CONFIDENTIAL INFORMATION.’’ The
                                                    Submit petitions electronically to                    following way:                                         Agency will review this copy, including
                                                  https://www.regulations.gov at Docket                     • Federal eRulemaking Portal:                        the claimed confidential information, in
                                                  No. FDA–2013–S–0610. Submit written                     https://www.regulations.gov. Follow the                its consideration of comments. The
                                                  petitions (two copies are required) to the              instructions for submitting comments.                  second copy, which will have the
                                                  Division of Dockets Management (HFA–                    Comments submitted electronically,                     claimed confidential information


                                             VerDate Sep<11>2014   17:36 Jun 13, 2017   Jkt 241001   PO 00000   Frm 00045   Fmt 4703   Sfmt 4703   E:\FR\FM\14JNN1.SGM   14JNN1


                                                                               Federal Register / Vol. 82, No. 113 / Wednesday, June 14, 2017 / Notices                                            27269

                                                  redacted/blacked out, will be available                 U.S.C. 3506(c)(2)(A)) requires Federal                 including the indication, details about
                                                  for public viewing and posted on                        Agencies to provide a 60-day notice in                 the administration of the product,
                                                  https://www.regulations.gov. Submit                     the Federal Register concerning each                   efficacy information, and clinical trial
                                                  both copies to the Division of Dockets                  proposed collection of information                     data. In an effort to present often
                                                  Management. If you do not wish your                     before submitting the collection to OMB                complicated information concisely,
                                                  name and contact information to be                      for approval. To comply with this                      sponsors may not include relevant
                                                  made publicly available, you can                        requirement, FDA is publishing notice                  information in the body of the text or
                                                  provide this information on the cover                   of the proposed collection of                          visual display of the claim.
                                                  sheet and not in the body of your                       information set forth in this document.                Additionally, sponsors may not always
                                                  comments and you must identify this                        With respect to the following                       present limitations to the claim in the
                                                  information as ‘‘confidential.’’ Any                    collection of information, FDA invites                 main body of the text or display. In
                                                  information marked as ‘‘confidential’’                  comments on these topics: (1) Whether                  these cases, sponsors typically include
                                                  will not be disclosed except in                         the proposed collection of information                 disclosures of information somewhere
                                                  accordance with 21 CFR 10.20 and other                  is necessary for the proper performance                in the promotional piece.
                                                  applicable disclosure law. For more                     of FDA’s functions, including whether                     There is little or no published
                                                  information about FDA’s posting of                      the information will have practical                    research on disclosures in prescription
                                                  comments to public dockets, see 80 FR                   utility; (2) the accuracy of FDA’s                     drug promotion, either directed to
                                                  56469, September 18, 2015, or access                    estimate of the burden of the proposed                 consumers or to HCPs. Previous
                                                  the information at: http://www.fda.gov/                 collection of information, including the               research on the effectiveness of
                                                  regulatoryinformation/dockets/                          validity of the methodology and                        disclosures has been conducted
                                                  default.htm.                                            assumptions used; (3) ways to enhance                  primarily in the dietary supplement
                                                     Docket: For access to the docket to                  the quality, utility, and clarity of the               arena (Refs. 1–4). Thus, the proposed
                                                  read background documents or the                        information to be collected; and (4)                   research will examine the effectiveness
                                                  electronic and written/paper comments                   ways to minimize the burden of the                     of clear and conspicuous disclosures in
                                                  received, go to https://                                collection of information on                           prescription drug promotion directed to
                                                  www.regulations.gov and insert the                      respondents, including through the use                 both of these populations. The purpose
                                                  docket number, found in brackets in the                 of automated collection techniques,                    of our study is to determine how useful
                                                  heading of this document, into the                      when appropriate, and other forms of                   disclosures regarding prescription drug
                                                  ‘‘Search’’ box and follow the prompts                   information technology.                                information are when presented
                                                  and/or go to the Division of Dockets                                                                           prominently and adjacent to claims.1
                                                                                                          Disclosures in Professional and                        Specifically, are HCPs and consumers
                                                  Management, 5630 Fishers Lane, Rm.                      Consumer Prescription Drug
                                                  1061, Rockville, MD 20852.                                                                                     able to use disclosures to effectively
                                                                                                          Promotion—OMB Control Number                           frame information in efficacy claims in
                                                  FOR FURTHER INFORMATION CONTACT:                        0910—NEW                                               prescription drug promotion?
                                                  Jonnalynn Capezzuto, Office of                             Section 1701(a)(4) of the Public                       To address this research question, we
                                                  Operations, Food and Drug                               Health Service Act (42 U.S.C.                          have designed a set of studies that cover
                                                  Administration, 8455 Colesville Rd.,                    300u(a)(4)) authorizes the FDA to                      both consumers and HCPs, as well as
                                                  COLE–14526, Silver Spring, MD 20993–                    conduct research relating to health                    three different types of claims: Scope of
                                                  0002, 301–796–3794, PRAStaff@                           information. Section 1003(d)(2)(C) of the              treatment, ease of use, and statistical
                                                  fda.hhs.gov.                                            Federal Food, Drug, and Cosmetic Act                   significance (see table 1). The scope of
                                                  SUPPLEMENTARY INFORMATION:      Under the               (the FD&C Act) (21 U.S.C. 393(b)(2)(c))                treatment claim can be thought of as a
                                                  PRA (44 U.S.C. 3501–3520), Federal                      authorizes FDA to conduct research                     disease-awareness claim; that is, a
                                                  Agencies must obtain approval from the                  relating to drugs and other FDA                        broader discussion of a medical
                                                  Office of Management and Budget                         regulated products in carrying out the                 condition that may include disease
                                                  (OMB) for each collection of                            provisions of the FD&C Act.                            characteristics beyond what the
                                                  information they conduct or sponsor.                       FDA regulates prescription drug                     promoted drug has been shown to treat,
                                                  ‘‘Collection of information’’ is defined                promotion directed to healthcare                       followed by a disclosure of this nature.
                                                  in 44 U.S.C. 3502(3) and 5 CFR                          professionals (HCPs) and consumers                     The ease of use claim is a simple claim
                                                  1320.3(c) and includes Agency requests                  (section 502(n) of the FD&C Act (21                    of easy drug administration that omits
                                                  or requirements that members of the                     U.S.C. 352(n)). In the course of                       specific important details that
                                                  public submit reports, keep records, or                 promoting their products,                              contribute to a more difficult drug
                                                  provide information to a third party.                   pharmaceutical sponsors (sponsors) may                 administration than suggested. Finally,
                                                  Section 3506(c)(2)(A) of the PRA (44                    present a variety of information                       the statistical significance claim will be
                                                    1 The Federal Trade Commission (FTC), which

                                                  regulates the advertising of non-prescription drug
                                                  products as well as other non-FDA regulated
                                                  products (e.g., package goods, cars, etc.), issued a
                                                  specific position on disclosures (Ref. 5) for the
                                                  advertising it regulates. Specifically, FTC explains
                                                  that disclosures must be ‘‘clear and conspicuous’’;
                                                  in other words, in understandable language, located
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                                                  near the claim to be further clarified, and not
                                                  hidden or minimized by small font or other
                                                  distractions.




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                                                  27270                                  Federal Register / Vol. 82, No. 113 / Wednesday, June 14, 2017 / Notices

                                                  one in which the disclosure reveals that                                  statistically significant, and thus must
                                                  the presented analyses were not                                           be viewed with considerable caution.

                                                                                       TABLE 1—IDENTICAL STUDY DESIGNS FOR SAMPLES OF HCPS AND CONSUMERS
                                                                                                                                                                            Level of disclosure
                                                                        Type of claim
                                                                                                                                                Weak                                                     Strong                                 Control

                                                                                                                                                Study A: HCPs

                                                  Scope of Treatment ....................................              Evidence Only ...........................................   Evidence + Conclusion ..............................       None.
                                                  Ease of Use ................................................         Evidence Only ...........................................   Evidence + Conclusion ..............................       None.
                                                  Statistical Significance ................................            Evidence Only ...........................................   Evidence + Conclusion ..............................       None.

                                                                                                                                            Study B: Consumers

                                                  Scope of Treatment ....................................              Evidence Only ...........................................   Evidence + Conclusion ..............................       None.
                                                  Ease of Use ................................................         Evidence Only ...........................................   Evidence + Conclusion ..............................       None.
                                                  Statistical Significance ................................            Evidence Only ...........................................   Evidence + Conclusion ..............................       None.



                                                    Each participant will view three                                        and because the amount of knowledge                             We will supplement the findings of the
                                                  different mock promotional print pieces                                   expected between the two groups                                 pretests with two small eye-tracking
                                                  for different prescription drug products.                                 differs, the studies will use separate                          studies. Researchers use eye-tracking
                                                  For each of the three promotional                                         mock promotional pieces and ask                                 technology to capture viewing behavior
                                                  pieces, they will be randomized to see                                    slightly different comprehension                                that is independent of self-report. The
                                                  an ad with a weak disclosure, a strong                                    questions of each group. We will                                technology measures where and for how
                                                  disclosure, or no disclosure. We will                                     maintain as much similarity across                              long participants glanced at or
                                                  manipulate the strength of disclosure by                                  groups as possible for descriptive                              examined particular parts of a display.
                                                  including additional concluding                                           comparisons.                                                    It has been used in studies of consumer
                                                  information (strong) or not (weak) in the                                    Both consumers and HCPs will be                              print advertising (Refs. 6–8) and Internet
                                                  disclosure statement. In all cases,                                       recruited from Internet panels. Because                         promotion (Refs. 9–10). To our
                                                  disclosures will be adjacent to claims                                    promotional pieces will represent three                         knowledge, there is little or no
                                                  and written in font clear enough to be                                    different medical conditions, we will                           published research using eye-tracking
                                                  detected.                                                                 obtain a general population sample of                           technology with HCPs.
                                                    Technically speaking, these designs                                     consumers and a HCP sample of
                                                  can be viewed as 3 within-subjects 1 ×                                    primary care physicians. Eligible                                  We will use these small eye-tracking
                                                  3 designs with level of disclosure as a                                   participants who agree to participate                           studies to determine what parts of each
                                                  between subject factor. In other words,                                   will view mock promotional pieces and                           promotional piece consumers and HCPs
                                                  we will analyze the results of the scope                                  answer questions about their                                    actually viewed. Specifically, we will be
                                                  of treatment disclosures independently                                    comprehension of the main messages in                           able to determine whether they looked
                                                  of the ease of use disclosures and                                        the promotion, perceptions of the                               at the disclosure statement at all, and
                                                  statistical significance disclosures, even                                product, attention to disclosures and                           we can obtain a rough idea of how long
                                                  though each participant will see one of                                   intention to ask a HCP about it                                 they looked at it. This data will
                                                  each. The claims and disclosures are                                      (consumers) or to prescribe the product                         complement the self-reported items on
                                                  different enough that practice effects                                    (HCPs). Questionnaires are available                            the questionnaire. Moreover, we will
                                                  should be moderated, but we will                                          upon request.                                                   use this data, as well as the pretest data,
                                                  counterbalance the order of ads shown                                        Pretests will be conducted before                            to improve the main studies. For this
                                                  to minimize potential bias.                                               conducting the main studies in order to                         part of the study, 20 consumers and 20
                                                    Because promotional pieces intended                                     ensure the mock promotional pieces are                          HCPs will view the promotional pieces.
                                                  for HCPs and consumers have different                                     realistic and that the questionnaire                               FDA estimates the burden of this
                                                  levels of complexity and medical depth,                                   flows well and questions are reasonable.                        collection of information as follows:

                                                                                                                TABLE 2—ESTIMATED ANNUAL REPORTING BURDEN 1
                                                                                                                                                            Number of
                                                                                                                                      Number of                                    Total annual        Average burden per
                                                                                   Activity 1                                                             responses per                                                                    Total hours 2
                                                                                                                                     respondents                                    responses               response
                                                                                                                                                            respondent

                                                                                                                                                   Consumers

                                                  Pretest Screener .......................................................                        833                       1                 833     .03 (2 min.) ...............                     25
                                                  Pretest .......................................................................                 500                       1                 500     0.33 (20 min.) ...........                      165
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                                                  Eye-Tracking Screener .............................................                              80                       1                  80     .08 (5 min.) ...............                      7
                                                  Eye-Tracking Study ..................................................                            20                       1                  20     1 ................................               20
                                                  Main Study Screener ................................................                          2,500                       1               2,500     .03 (2 min.) ...............                     75
                                                  Main Study ................................................................                   1,500                       1               1,500     0.33 (20 min.) ...........                      495

                                                                                                                                                        HCPs

                                                  Pretest Screener .......................................................                       735                        1                 735     .03 (2 min.) ...............                    22



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                                                                                         Federal Register / Vol. 82, No. 113 / Wednesday, June 14, 2017 / Notices                                                                                               27271

                                                                                                    TABLE 2—ESTIMATED ANNUAL REPORTING BURDEN 1—Continued
                                                                                                                                                                 Number of
                                                                                                                                      Number of                                            Total annual               Average burden per
                                                                                   Activity 1                                                                  responses per                                                                               Total hours 2
                                                                                                                                     respondents                                            responses                      response
                                                                                                                                                                 respondent

                                                  Pretest .......................................................................                    500                            1                      500       0.33 (20 min.) ...........                      165
                                                  Eye-Tracking Screener .............................................                                 80                            1                       80       .08 (5 min.) ...............                      7
                                                  Eye-Tracking Study ..................................................                               20                            1                       20       1 ................................               20
                                                  Main Study Screener ................................................                             2,206                            1                    2,206       .03 (2 min.) ...............                     67
                                                  Main Study ................................................................                      1,500                            1                    1,500       0.33 (20 min.) ...........                      495

                                                        Total ...................................................................   ........................   ........................   ........................   ...................................           1,563
                                                     1 There     are no capital costs or operating and maintenance costs associated with this collection of information.
                                                     2 Rounded      to the next full hour.


                                                  References                                                                  Dated: June 9, 2017.                                                       assist in the workshop discussion, FDA
                                                                                                                            Anna K. Abram,                                                               is making available an issues paper that
                                                  1. Dodge, T. and A. Kaufman. ‘‘What Makes
                                                                                                                            Deputy Commissioner for Policy, Planning,                                    provides a brief overview of the
                                                       Consumers Think Dietary Supplements
                                                       Are Safe and Effective? The Role of
                                                                                                                            Legislation, and Analysis.                                                   currently available data resources used
                                                       Disclaimers and FDA Approval.’’ Health                               [FR Doc. 2017–12329 Filed 6–13–17; 8:45 am]                                  for evaluating the impact of opioid
                                                       Psychology, 26(4), 513–517. (2007).                                  BILLING CODE 4164–01–P                                                       formulations with properties designed
                                                  2. Dodge, T., D. Litt, and A. Kaufman.                                                                                                                 to deter abuse; summarizes some of the
                                                       ‘‘Influence of the Dietary Supplement                                                                                                             key methodological issues in this area;
                                                       Health and Education Act on Consumer                                 DEPARTMENT OF HEALTH AND                                                     and outlines the issues that we would
                                                       Beliefs About the Safety and                                         HUMAN SERVICES                                                               like to discuss during the upcoming
                                                       Effectiveness of Dietary Supplements.’’                                                                                                           workshop, including enhancing existing
                                                       Journal of Health Communication:                                     Food and Drug Administration                                                 resources, applying new methodology,
                                                       International Perspectives. 16(3), 230–                              [Docket No. FDA–2017–N–2903]                                                 and creating new resources.
                                                       244. (2011).                                                                                                                                      DATES: The public workshop will be
                                                  3. Mason, M.J., D.L. Scammon, and X. Feng.                                Data and Methods for Evaluating the                                          held on July 10 and 11, 2017, from 8:30
                                                       ‘‘The Impact of Warnings, Disclaimers                                Impact of Opioid Formulations With                                           a.m. to 5 p.m. Submit either electronic
                                                       and Product Experience on Consumers’                                 Properties Designed To Deter Abuse in                                        or written comments on this public
                                                       Perceptions of Dietary Supplements.’’                                the Postmarket Setting: A Scientific                                         workshop by September 11, 2017. Late,
                                                       Journal of Consumer Affairs, 41(1), 74–                              Discussion of Present and Future                                             untimely filed comments will not be
                                                       99. (2007).                                                          Capabilities; Public Workshop; Issues                                        considered. Electronic comments must
                                                  4. France, K.R. and P.F. Bone. ‘‘Policy                                   Paper; Request for Comments                                                  be submitted on or before September 11,
                                                       Makers’ Paradigms and Evidence from                                                                                                               2017. The https://www.regulations.gov
                                                       Consumer Interpretations of Dietary                                  AGENCY:         Food and Drug Administration,                                electronic filing system will accept
                                                       Supplement Labels.’’ Journal of                                      HHS.                                                                         comments until midnight Eastern Time
                                                       Consumer Affairs, 39(1), 27–51. (2005).                              ACTION: Notice of public workshop;                                           at the end of September 11, 2017.
                                                  5. FTC. ‘‘Full Disclosure.’’ Accessed at:                                 request for comments.                                                        Comments received by mail/hand
                                                       https://www.ftc.gov/news-events/blogs/                                                                                                            delivery/courier (for written/paper
                                                       business-blog/2014/09/full-disclosure                                SUMMARY:   The Food and Drug                                                 submissions) will be considered timely
                                                       (September 23, 2014).                                                Administration (FDA, the Agency, or                                          if they are postmarked or the delivery
                                                  6. Higgins, E., M. Leinenger, and K. Rayner.                              we) is announcing a public workshop                                          service acceptance receipt is on or
                                                       ‘‘Eye Movements When Viewing                                         entitled ‘‘Data and Methods for                                              before that date. See the SUPPLEMENTARY
                                                       Advertisements.’’ Frontiers in                                       Evaluating the Impact of Opioid                                              INFORMATION section for registration date
                                                       Psychology, 5, 210. (2014).                                          Formulations with Properties Designed                                        and information.
                                                  7. Pieters, R., M. Wedel, and R. Batra. ‘‘The                             to Deter Abuse in the Postmarket
                                                       Stopping Power of Advertising:                                                                                                                    ADDRESSES: The public workshop will
                                                                                                                            Setting: A Scientific Discussion of                                          be held at the Sheraton Silver Spring
                                                       Measures and Effects of Visual                                       Present and Future Capabilities.’’ The
                                                       Complexity.’’ Journal of Marketing,                                                                                                               Hotel, 8777 Georgia Ave., Silver Spring,
                                                                                                                            purpose of the public workshop is to                                         MD 20910. The hotel’s phone number is
                                                       74(5), 48–60. (2010).                                                host a scientific discussion with expert
                                                  8. Thomsen, S. and K. Fulton. ‘‘Adolescents’                                                                                                           301–589–0800.
                                                                                                                            panel members and interested                                                    You may submit comments as
                                                       Attention to Responsibility Messages in
                                                                                                                            stakeholders about the challenges in                                         follows:
                                                       Magazine Alcohol Advertisements: An
                                                                                                                            using the currently available data and
                                                       Eye-Tracking Approach.’’ Journal of                                                                                                               Electronic Submissions
                                                       Adolescent Health, 41, 27–34. (2007).
                                                                                                                            methods for assessing the impact of
                                                  9. Simola, J., J. Kuisma, A. Öörni, L. Uusitalo,                        opioid formulations with properties                                            Submit electronic comments in the
                                                       et al. ‘‘The Impact of Salient                                       designed to deter abuse on opioid                                            following way:
                                                       Advertisements on Reading and                                        misuse, abuse, addiction, overdose, and                                        • Federal eRulemaking Portal:
                                                                                                                            death in the postmarket setting. The                                         https://www.regulations.gov. Follow the
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                                                       Attention on Web pages.’’ Journal of
                                                       Experimental Psychology: Applied,                                    goal of this meeting is to discuss ways                                      instructions for submitting comments.
                                                       17(2), 174–190. (2011).                                              to improve the analysis and                                                  Comments submitted electronically,
                                                  10. Wedel, M. and R. Pieters. ‘‘A Review of                               interpretation of existing data, as well as                                  including attachments, to https://
                                                       Eye-Tracking Research in Marketing.’’ In                             to discuss opportunities and challenges                                      www.regulations.gov will be posted to
                                                       Review of Marketing Research, Vol. 4                                 for collecting and/or linking additional                                     the docket unchanged. Because your
                                                       (pp. 123–147), N.K. Malhotra (Ed.).                                  data to improve national surveillance                                        comment will be made public, you are
                                                       Armonk, New York: M.E. Sharpe. (2008).                               and research capabilities in this area. To                                   solely responsible for ensuring that your


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Document Created: 2017-06-14 01:23:55
Document Modified: 2017-06-14 01:23:55
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 August 14, 2017.
ContactJonnalynn Capezzuto, Office of Operations, Food and Drug Administration, 8455 Colesville Rd., COLE- 14526, Silver Spring, MD 20993-0002, 301-796-3794, [email protected]
FR Citation82 FR 27268 

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