83_FR_40452 83 FR 40295 - Agency Information Collection Activities; Submission for Office of Management and Budget Review; Comment Request; Experimental Study of Risk Information Amount and Location in Direct-to-Consumer Print Ads

83 FR 40295 - Agency Information Collection Activities; Submission for Office of Management and Budget Review; Comment Request; Experimental Study of Risk Information Amount and Location in Direct-to-Consumer Print Ads

DEPARTMENT OF HEALTH AND HUMAN SERVICES
Food and Drug Administration

Federal Register Volume 83, Issue 157 (August 14, 2018)

Page Range40295-40303
FR Document2018-17360

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

Federal Register, Volume 83 Issue 157 (Tuesday, August 14, 2018)
[Federal Register Volume 83, Number 157 (Tuesday, August 14, 2018)]
[Notices]
[Pages 40295-40303]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-17360]



[[Page 40295]]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2017-N-1315]


Agency Information Collection Activities; Submission for Office 
of Management and Budget Review; Comment Request; Experimental Study of 
Risk Information Amount and Location in Direct-to-Consumer Print Ads

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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

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

DATES: Fax written comments on the collection of information by 
September 13, 2018.

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

FOR FURTHER INFORMATION CONTACT: Ila S. Mizrachi, FDA PRA Staff, Office 
of Operations, Food and Drug Administration, Three White Flint North, 
10A-12M, 11601 Landsdown St., North Bethesda, MD 20852, 301-796-7726, 
[email protected].

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

Experimental Study of Risk Information Amount and Location in Direct-
to-Consumer Print Ads

OMB Control Number 0910--NEW

I. Background

    Section 1701(a)(4) of the Public Health Service Act (42 U.S.C. 
300u(a)(4)) authorizes 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.
    Section 502(n) of the FD&C Act (21 U.S.C.352(n)) specifies that 
advertisements (ads) for prescription drugs and biological products 
must provide a true statement of information ``in brief summary'' 
describing the advertised product's ``side effects, contraindications 
and effectiveness.'' This is clarified further in the prescription drug 
advertising regulations. The brief summary shall include a true 
statement of information relating to side effects, contraindications, 
warnings, precautions, and any such information under such headings as 
cautions, special considerations, important notes, etc., as well as 
effectiveness (Sec.  202.1(e)(1)). The prescription drug advertising 
regulations also specify that the phrase side effect and 
contraindication refers to all of the categories of risk information 
contained in the required, approved, or permitted product labeling 
written for health professionals, including the side effects, warnings, 
precautions, and contraindications (Sec.  202.1(e)(3)(iii)). Ads must 
also ``present a fair balance between information relating to side 
effects and contraindications and effectiveness . . .'' An ad must 
present true information relating to side effects and contraindications 
in comparable depth and detail with the claims for effectiveness or 
safety (Sec.  202.1(e)(5)(ii)).
    To fulfill the regulatory requirements for fair balance and the 
brief summary, sponsors have typically included risk information about 
the product in direct-to-consumer (DTC) print ads both in the main part 
of the ad where the product claims appear, and in a separate brief 
summary page. The section of the main ad where the risks appear is 
often referred to as the ``Important Safety Information'' (ISI). 
Including risks in both the ISI and the brief summary may have 
advantages. Some research has found that repetition of information 
improves recall, especially for older adults (Ref. 1). This might 
result in improved recall for risks that appear both in the ISI and 
brief summary. However, it is possible that risks appearing on the main 
page in the ISI may be more likely to be read than risks appearing in 
the brief summary. Based on FDA survey research, about 27 percent of 
consumers surveyed in 2002 reported reading half or more of the brief 
summary in DTC print ads (Ref. 2). In comparison, when asked how much 
of the ``main'' ad they read, about 78 percent reported reading ``all'' 
or ``almost all'' of the main body portion of the ad.
    One potential downside to including the same warnings in both the 
ISI and again in the brief summary is the potential to overwarn 
consumers. Overwarning is the concept that individuals are exposed to 
so many warnings in the course of daily life that they are less likely 
to pay attention to any one particular warning (Ref. 3). In terms of 
presenting risk information, detailing too many risks may lead 
consumers to discount all risks, or miss the most important risk 
information. Similarly, habituation follows when readers see the same 
warning repeatedly. Upon seeing a particular warning repeatedly, 
consumers may cease to pay attention to it (Refs. 4-6). Even if a 
warning has features that make it noticeable, it still has the 
potential for habituation with repeated exposure (Ref. 5). Although 
researchers caution against habituation and overwarning, there appears 
to be limited empirical research in the area of DTC advertising for 
prescription drugs for the logical supposition that seeing repeated 
warnings will lead to increased selectivity and reduced attention by 
recipients over time. Of note, the Office of Prescription Drug 
Promotion (OPDP) is studying the presentation of risk information in 
the context of DTC TV ads (``Disclosure Regarding Additional Risks in 
Direct-to-Consumer Prescription Drug Television Advertisements,'' OMB 
control number 0910-0785).
    OPDP plans to investigate, through empirical research, various 
combinations of the ISI and brief summary. We propose to test two 
levels of the ISI (short versus long) and the presence of a consumer 
brief summary (absent versus present) in two different medical 
conditions (overactive bladder (OAB) and rheumatoid arthritis). The 
consumer brief summary will follow the draft recommendations for 
language, readability, content, and format described in ``Brief Summary 
and Adequate Directions for Use: Disclosing Risk Information in 
Consumer-Directed Print Advertisements and Promotional Labeling for 
Prescription Drugs: Guidance for Industry, Revised Draft Guidance'' 
(Ref. 7). The ``long'' ISI is a selection of risks from the brief 
summary and is typical of what would appear in current DTC ads for each 
condition. The ``short'' ISI was created by applying the ideas from 
recent FDA work on the major statement in broadcast ads (see Refs. 8 
and 9).

[[Page 40296]]

Figures 1 and 2 describe the study design. This will be investigated in 
DTC print ads for prescription drugs.
[GRAPHIC] [TIFF OMITTED] TN14AU18.002

    This project is designed to use eye-tracking technology. Eye-
tracking technology is an effective method to determine the extent to 
which consumers attend to risk information presented in DTC print ads. 
This technology allows researchers to unobtrusively detect and measure 
where a participant looks while viewing a print ad and for how long, 
and the pattern of their eye movements may indicate attention to and 
processing of information in the ad.
    We plan to collect descriptive eye-tracking data on voluntary 
participants' attention to the following: (1) The ISI, (2) the brief 
summary, and (3) the indication and benefit claims. All participants 
will be 18 years of age or older. We will exclude individuals who are 
trained as healthcare professionals, employees of the U.S. Department 
of Health and Human Services (HHS), or who work in pharmaceutical, 
advertising, or marketing settings because their knowledge and 
experiences may not reflect those of the typical consumer. We will also 
exclude individuals who have photosensitive epilepsy; use a medical 
device that is sensitive to infrared light; or wear various kinds of 
eyeglasses, hard contact lenses, or colored contact lenses, or have 
certain vision disorders.
    To examine differences between experimental conditions, we will 
conduct inferential statistical tests such as analysis of variance. 
With the sample size described in this document, we will have 
sufficient power to detect small-to-medium sized effects in the main 
study.
    We plan to conduct one 60-minute pilot study with 40 participants 
and two 60-minute studies with 200 voluntary participants each (50 
participants in each cell), for a total of 400 main study voluntary 
participants. The studies will be conducted in person in at least five 
different cities across the United States. These locations include 
Chicago, IL, Tampa, FL, Phoenix, AZ, Houston, TX, and Marlton, NJ. The 
pilot study and main studies will have the same design and will follow 
the same procedure. Participants who self-identify as having one of the 
medical conditions of interest will be randomly assigned to one of four 
test conditions. In Study 1, the ad will be for a fictitious drug to 
treat rheumatoid arthritis. In Study 2, the ad will be for a fictitious 
drug to treat OAB. After obtaining consent, we will explain the study 
procedure to participants and calibrate the eye-tracking device. To 
collect eye-tracking data, we will use an unobtrusive glasses-based 
real-world eye tracker with a minimum speed of 50 hertz. The test 
images will be presented on paper and sized similarly to how they would 
appear in print materials such as magazines. To simulate normal ad 
viewing, participants will view two ads. One of the ads will be the 
study ad. The non-study ad will be for a consumer product unrelated to 
health. Only eye-tracking data from the study ad will be analyzed. 
Next, participants will complete a questionnaire that assesses risk 
perceptions, risk recall, efficacy perceptions, efficacy recall, and 
covariates such as demographics and health literacy. In the pilot 
study, participants will also answer questions as part of a debriefing 
interview to assess the study design and questionnaire.
    In the Federal Register of June 19, 2017 (82 FR 27842), FDA 
published a 60-day notice requesting public comment on the proposed 
collection of information. Five public comments were received. Comments 
received along with our responses to the comments are provided below. 
For brevity, some public comments are paraphrased and therefore may not 
reflect the exact language used by the commenter. We assure commenters 
that the entirety of their comments was considered even if not fully 
captured by our paraphrasing in this document. The following acronyms 
are used here: FRN = Federal Register Notice; DTC = direct-to-consumer; 
FDA and the Agency = Food and Drug Administration; OPDP = FDA's Office 
of Prescription Drug Promotion.
    (Comment 1a, regulations.gov tracking number 1k1-8xet-419m 
(verbatim)) The research methodology that is outlined here, does not 
take into consideration prior exposure to ads and the fact that it is 
known to take about seven exposures to anything before the information 
sticks. Exposing the respondents to an hour-long eye-tracking research 
study does not take this into consideration.
    (Response) We are not testing long-term retention of information. 
We are recruiting participants who have the medical condition of 
interest and may currently be under treatment. Also, Question 21 asks 
about familiarity with treatments for the targeted condition, which can 
be used as a covariate in analyses. We do not expect participants to 
have prior exposure to advertising for the product in the study because 
the ad is for a fictional product.
    (Comment 1b (verbatim)) A sample of 400 is what is considered 
robust for comparative analysis. Although you will have enough to do 
some comparison with 200 respondents in each group, it would be better 
to increase to 400 per group.
    (Response) Analysis will be conducted within medical condition. 
This yields a sample size within each study of 200, which will be used 
to

[[Page 40297]]

examine the main effect of length of ISI, the main effect of the 
presence of a brief summary, and the interaction effects of the two. 
The sample size of 200 was determined through a power analysis using an 
alpha level of 0.05, a power of 0.90 and a medium effect size (f = 
0.25). The power to detect a medium effect size (f = 0.25) is 0.999 
given an alpha of 0.05 if the sample size for each study was increased 
to 400. The increase in sample size would not substantially improve our 
ability to detect differences.
    (Comment 1c (verbatim, edited for length)) It seems like the 
research is front loaded to give the answer that the FDA is looking 
for--give less information to consumers so that they think less about 
the side effects of the product and buy more product. Consumers should 
be given all the information to make an informed choice by themselves 
not determined by what the FDA or other governmental organization feels 
is what they can handle.
    (Response) Please see our responses to Comments 2i and 5a. This 
research is intended to develop scientific evidence to help inform 
policy decisions and ensure that our policies related to prescription 
drug promotion will have the greatest benefit to public health. OPDP 
seeks to ensure that prescription drug promotional materials provide 
truthful, balanced and accurately communicated information that helps 
patients make informed decisions about their treatment options. In each 
study, the ads will all include the same risk concepts and we will 
measure comprehension of these risks. We will vary the amount of detail 
about each risk concept in the ISI section of the ad and we will test 
the effects of repeating information across the ISI and the consumer 
brief summary.
    (Comment 2a, regulations.gov tracking number 1k1-8xz7-z732 
(verbatim)) Do the exclusion criteria adequately account for all 
potential subjects that have vision impairments that can affect how 
their eyes move as they read? Additional exclusions may be needed to 
address these (e.g. blindness in one eye, artificial eye, etc.).
    (Response) The study design currently calls for excluding potential 
participants with vision impairments that interfere with the 
capabilities of the eye-tracking glasses. This includes wearing regular 
glasses, bifocals, trifocals, progressive lenses, hard contact lenses, 
and colored contact lenses. We will also add exclusion criteria for 
potential participants who have cataracts, amblyopia (lazy eye/blind in 
one eye), strabismus (cross-eyed), mydriasis (permanent pupil 
dilation), nystagmus (involuntary eye movements), an ocular prosthesis 
(glass eye), and who are designated as legally blind.
    (Comment 2b (verbatim)) Consider adding an arm to the design that 
shows an ad without any specific risk content or a brief summary, but 
alternatively consists of a statement that informs a potential patient 
that the drug in question has risks, including serious risks, 
associated with its use, and that it is very important that a patient 
talk with his/her doctor about these risks, prior to use, to determine 
if the drug is appropriate for the patient. It would be interesting to 
see what type of recall and what type of eye movement data would occur 
for this type of statement.
    (Response) FDA regulations state that prescription drug 
advertisements must contain ``a true statement of information in brief 
summary relating to side effects, contraindications (. . .[to] include 
side effects, warnings, precautions, and contraindications and include 
any such information under such headings as cautions, special 
considerations, important notes, etc.) and effectiveness'' (Sec.  
202.1(e)(1)). Additionally, advertisements must also ``present a fair 
balance between information relating to side effects and 
contraindications and . . . effectiveness. . . .'' (Sec.  
202.1(e)(5)(ii)). We decline the suggestion to test the proposed 
statement at this time.
    (Comment 2c (verbatim)) Question 1: The relevance of asking a 
subject to assess how many risks are presented in comparison to how 
many benefits is not apparent. We recommend that FDA consider deleting 
the question or alternatively rewording it to get data on how many 
risks the subjects think are presented in the ad. Response options 
should be quantitative, such as: No risks, 1-3 risks, 4-6 risks, 
6 risks.
    (Response) The purpose of Question 1 is to assess participants' 
initial impressions of balance of risks versus benefits in the ad. 
Additionally, Question 4 has been revised based on the results of 
cognitive testing to collect risks that participants can recall. This 
provides both a quantitative measure and an accuracy evaluation. We 
believe this approach will yield richer data as far as how many risks 
the participant recalls from the ad.
    (Comment 2d (verbatim)) Question 4: If subjects are going to be 
asked to recall, using free text, the risks presented in the ad, it 
would similarly be interesting to add a similar question to recall, 
using free text, which benefits were presented in the ad.
    (Response) The questionnaire contains several questions about 
benefit/efficacy (Questions 3, 10, and 11). We also have questions that 
measure the perceived risk/benefit tradeoff (Questions 1, 18, and 19). 
Although it would be interesting from a conceptual standpoint to 
include an open-ended recall question about product benefits, our focus 
in this study is on the risk information. Further, we are concerned 
about adding length to the questionnaire as we have worked to minimize 
the burden of the collection of information on respondents.
    (Comment 2e (verbatim)) Questions 8, 10, and 11: Suggest rewording 
the questions so that they describe the likelihood that a person taking 
the drug experiences a side effect or a benefit.
    (Response) The items used in this section were developed through 
scale validation research. Thus, we prefer to retain them in their 
original form.
    (Comment 2f (verbatim)): Questions 12-15: It may be confusing for 
the reader to discern differences between the terms ``main ad'', ``page 
following the main ad'', and ``advertisement''. These terms might need 
to be accompanied by further explanatory text.
    (Response) Cognitive testing revealed participants did have 
difficulty discerning the differences in the ad components based on the 
descriptive terms provided. To address this problem and help with data 
quality, thumbnail images will be provided next to Questions 13-15, so 
that participants will have a visual cue of what portion of the ad the 
question is asking about without allowing them to re-read the ad 
stimulus.
    (Comment 2g (verbatim)) Questions 16 and 17: Randomize the order in 
which the personal involvement adjectives/tasks are presented to 
minimize bias.
    (Response) Question 16 is The Personal Involvement Inventory, a 
validated measure with high internal consistency (coefficient [alpha] = 
.88) and has been used in prior studies to provide useful information 
about personal relevance (Refs. 10 and 11). The author of the inventory 
confirmed that it was developed and has been administered without 
randomization of these items. For the current study, values across 
items will be averaged in order to produce an overall personal 
involvement score for comparison across participants. Since this 
question is a validated measure and will be used only as a moderator 
variable, the item order will not change. Question 17 is a measure of 
self-efficacy, which will serve as an additional outcome of interest. 
We will randomize Question 17.

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    (Comment 2h (verbatim)) Question 18: It is not clear what the term 
``leave'' means. It may mean ``take time off from work.'' Please 
clarify.
    (Response) Question 18 was developed through scale validation 
research. ``Leave'' does in fact mean ``take time off from work.'' We 
did not encounter any confusion on the part of respondents during 
cognitive testing of the questionnaire. We prefer to retain this 
question in its original form.
    (Comment 2i (verbatim)) Question 19: A consumer should not be 
expected to make a risk/benefit assessment of a drug simply by reading 
an ad. Such an assessment can occur only after a patient has had a 
discussion with his/her healthcare provider. Thus, we suggest deletion 
of this question.
    (Response) An important purpose of communicating the drug's 
specific risk and benefit information in DTC advertising is to position 
consumers as active and well-informed participants in their health care 
decisionmaking. FDA seeks to improve our understanding of what baseline 
judgements about product risks and benefits individuals make on the 
basis of advertising. Question 19 does not indicate that FDA expects 
that the advertisement will be the sole basis for individuals to assess 
benefit and risk or make ultimate healthcare decisions. Rather, 
Question 19, which was developed through scale validation research, 
measures one aspect of the consumer's perception of the drug's risk-
benefit tradeoff. Further, we did not encounter any confusion on the 
part of respondents during cognitive testing of the questionnaire.
    (Comment 2j (verbatim)) Questions 28-33: We note these questions 
assess the ability of the respondent to answer questions using an ice 
cream nutrition facts label. We assume the inclusion of these questions 
is to assess how well respondents are capable of comprehending complex 
numeric information. However, we note that some respondents may not be 
able to comprehend and apply numeric information or be motivated to do 
so, regardless of how it appears. The format may not matter when this 
is the case. Therefore, we suggest that FDA consider analyzing results 
based on those who can vs. cannot answer the ice cream questions. 
Alternatively, the ice cream questions could be used at the start of 
the survey to screen out those who are unable to answer the questions, 
thereby further focusing the sample on persons who are able to 
comprehend numeric presentations likely to be found in drug promotion.
    (Response) Questions 28-33 make up the Newest Vital Sign (NVS), 
developed by Pfizer. (See https://www.pfizer.com/health/literacy/public-policy-researchers/nvs-toolkit). The NVS is a valid and reliable 
measure of health literacy and numeracy that was used and recommended 
by two studies (Refs. 12 and 13). In this study, the NVS will be used 
as a covariate that measures risk of low health literacy/numeracy. It 
is important that potential participants of various health literacy 
levels are included, because level of health literacy/numeracy of the 
individual has been shown to play a particularly strong role in viewing 
and processing health information (Ref. 14).
    For the stated reasons, no change to the analysis or use of the 
questions to filter the sample of participants is planned.
    (Comment 3a, regulations.gov tracking number 1k1-8y5u-ecif 
(verbatim)) One omitted variable in the study design is recall after 
viewing the ad and ISI/brief summary. It would seem potential negative 
effects of overwarning and habituation would be even more apparent 
after a lapse of time. The commenter suggests incorporating a parameter 
to capture this, for example, including a re-contact option to test 
recall and interpretation after a period of 2-4 days. For this recall 
option, we suggest that a quota of ~ 30 respondents per cell in order 
to ensure a robust sample for statistical testing.
    (Response) Question 4 captures open-ended recall of risks and 
negative effects. The comment proposes an interesting research idea. 
However, testing long-term retention of information is beyond the scope 
of this study.
    (Comment 3b (summarized)) The commenter suggests ensuring a 
representative sample of respondents with the conditions of interest is 
collected (~ 30 per cell). Analysis of these respondents compared to 
those without the conditions would act as a control.
    (Response) The study design calls for only including individuals 
who have the medical condition targeted for each study. This is based 
on the rationale that, relative to the general population, individuals 
who suffer from a specific medical condition pay more attention to DTC 
ads related to that medical condition (Refs. 15-17). Thus, we do not 
plan to add a general population sample.
    (Comment 3c (verbatim)) Neither the full stimuli nor specific 
examples of the disclosure language were provided. The lack of access 
to these makes full interpretation of the study objectives difficult as 
well as leaves us unable to provide suggestions or comments on the 
stimuli to be tested.
    (Response) We have described the purpose of the study, the design, 
the population of interest, and have provided the questionnaire to 
numerous individuals upon request. The brief summary for each ad 
contains a summary of the product risks, side effects, and 
contraindications. The ``long'' ISI is a selection of risks from the 
brief summary and is typical of what would appear in current DTC ads 
for each condition. The ``short'' ISI was created by applying the ideas 
from recent FDA work on the major statement in broadcast ads (see Refs. 
16 and 17). Our full stimuli are under development during the PRA 
process. We do not make draft stimuli public during this time because 
of concerns that this may contaminate our participant pool and 
compromise the research.
    (Comment 3d (summarized)) The commenter suggests that the data and 
information collected with eye-tracking be used as secondary evidence 
of attention. This is due to both difficulty of interpretation inherent 
in eye-tracking data along with subjectivity introduced by the ad copy 
stimuli under examination, as stimuli can be manipulated to increase/
decrease attractiveness to a respondents' eye. The commenter believes 
these limitations make use of this data to direct policy difficult. 
Additionally, the briefing document does not expand upon exactly how 
the eye-tracking data will be analyzed other than tracking attention. 
There are various ways to analyze eye-tracking data, such as order of 
attention, number of multiple viewings, and possibly pupil dilation as 
a measure of attention. The commenter has traditionally added 
qualitative elements to its use of eye-tracking technology in research, 
by discussing what the respondent saw after viewing the stimuli and 
even reviewing a respondents' eye-tracking map with them to get further 
insights.
    (Response) To clarify, two types of data will be collected in each 
study. Both data types are considered useful evidence. Self-report 
measures will be collected via a web-based questionnaire, and physical 
measures of attention will be collected via eye-tracking glasses. 
Existing research has relied on self-report measures to determine how 
much and what parts of the risk and benefit information consumers are 
reading. Because of the known unreliability of self-report measures 
(Ref. 18), research is needed to accurately determine what and how much 
consumers are reading when they see risk and benefit statements in 
prescription drug ads.

[[Page 40299]]

    During the debriefings for the pilot study, respondents will be 
shown their eye-gaze data and asked to comment on the elements of the 
stimuli they attended to, the elements they did not attend to, and why. 
These data in aggregate form will be reviewed to determine whether to 
modify the stimuli prior to the main studies. Eye-tracking data (both 
heat maps and gaze plots) will be used in the analyses to identify 
general patterns across participants and to investigate how those 
relate to questionnaire measures.
    (Comment 3e (verbatim)) The FRN states the location of risk 
information is also an objective of the study. The commenter assumes 
this ``location'' testing will be via testing risk information 
communicated in stimuli having the ISI plus the Brief Summary against 
stimuli having the ISI only. If this is inaccurate, then we are not 
sure the study design as described in the FRN adequately tests for a 
variable of ``location.'' If varying location of risk information 
beyond ISI versus ISI + Brief Summary is desired, the commenter 
suggests this be tested in a subsequent study or that the proposed 
study better specify variation of ``location.''
    (Response) The commenter has correctly interpreted the study 
design. We are not manipulating where the information appears on the 
page. Location, as used here, refers to the presence of information in 
both the brief summary and the ISI, or just the ISI. Within each 
medical condition, we have endeavored to maintain consistency of where 
the information appears on the page, and the order of the information, 
across experimental conditions.
    (Comment 3f (summarized)) Through the survey, the commenter 
suggests maintaining a single scale for all rating questions. For 
example, the commenter generally employs a 5-point scale, which 
includes a midpoint, and is defined at each point. In the current 
questionnaire, the scales switch from 5-point to 6-point scales which 
could cause confusion among some respondents. If the 6-point scales are 
included explicitly to omit a neutral mid-point, the commenter suggests 
that each of the points are defined to ensure that respondents know 
what the point on the scale they are choosing means (similarly to what 
is provided in Question 20 onwards).
    (Response) Many of the items used in the survey were developed 
through scale validation research (i.e., Questions 8-11, 18, and 19). 
These items utilize a six-point scale, so we have attempted to use six-
point scales where possible. In other cases, however, we are using 
items that have been used in prior FDA studies (i.e., Questions 1 and 
24) or are established measurement inventories (Question 16 is the 
Personal Involvement Inventory; Ref. 11). Changing the scale range or 
altering the scale to add definitions to each scale point would 
preclude comparison with prior study results. Thus, we prefer to 
maintain the scale ranges currently in use.
    (Comment 3g (summarized)) For Questions 8-11, the commenter 
suggests adding a ``Don't know'' option as respondents might not be 
able to assess likelihood of side effects, seriousness of side effects, 
efficacy, and potential improvement based on the information presented 
in the ad. The current range of answer choices may force inaccurate or 
speculative responses; a ``Don't Know'' answer would be a legitimate 
choice and informative for the study. The commenter's standard practice 
is to provide a ``Don't Know'' option whenever it could be a valid 
answer.
    (Response) The items used in this section were developed through 
scale validation research. Thus, we prefer to retain them in their 
original form, for this study, though we will consider this for future 
measurement studies.
    (Comment 3h (verbatim)) For Question 12, without ability to review 
the stimuli, it is unclear what content will appear in Area A, B, C and 
D. It is also unclear whether the content will be the same across all 4 
stimuli ads or whether content will change location in the ad.
    (Response) We have endeavored to maintain consistency of 
information location across conditions. Area A is the part of the ad 
with a picture. Areas B, C, and D are all sections of the ISI.
    (Comment 3i (summarized)) The commenter wonders what the utility of 
asking Question 16 is as the question appears to be out of scope with 
the objectives of the study. Whether or not the ad is important, 
boring, or relevant to the respondent seems irrelevant to the stated 
goals. We suggest removing the question.
    (Response) Please see our response to Comment 2g.
    (Comment 3j (summarized) In Question 18, the inclusion of ``. . . 
outweigh all the things I have to do to obtain it (appointments, 
prescriptions, leave)'' seems out of scope when considering the 
objectives of the study. The commenter suggests removing the question.
    (Response) This question measures one aspect of product benefits, 
the benefit-inconvenience tradeoff, which is an important component of 
drug product perceptions. Additionally, please see our response to 
Comment 2h.
    (Comment 3k (summarized)) For Question 19, the commenter suggests a 
minor adjustment to the wording. Instead of saying ``The benefits of 
[DRUG NAME] outweigh any side effects it may have'', the commenter 
suggests saying ``. . . any side effects it is described/indicated as 
having''. ``May have'' could be interpreted subjectively by respondents 
to include side effects not in the ISI and brief summary.
    (Response) Question 19 is a validated question so it will be 
retained as is. Cognitive testing revealed no comprehension or 
reporting issues for this question.
    (Comment 3l (verbatim)) For Questions 22-23 pertaining to 
respondent perception of condition. There does not appear to be any 
skip logic to ensure that only those with one of the specified 
conditions can answer those questions. These questions should not be 
asked of those who do not suffer from one of the specified conditions.
    (Response) We intend to recruit individuals who self-identify as 
having either OAB or rheumatoid arthritis. Those individuals will be 
assigned to view an ad that treats their medical condition. The 
questionnaire will contain questions relevant to that medical condition 
only.
    (Comment 4a, regulations.gov tracking number 1k1-8y4d-os71 
(summarized)) The commenter recommends that greater emphasis be placed 
on the recall/questionnaire metric rather than the eye-tracking metric. 
The eye-tracking data will determine if there is indeed a direct 
correlation between the length (amount) of the risk information and 
length of time spent looking at that information; however, it will not 
differentiate between what content and format is more effective for 
communicating that risk information. The commenter suggests that FDA 
include in the questionnaire (and/or debriefing interview) specific 
inquiries regarding the repetitiveness of the risk information in order 
to further explore the link between the amount and placement of risk 
information and the ultimate recall of this information.
    (Response) Please see our response to Comment 3d. In addition, we 
will add a question regarding repetitiveness to the questionnaire.
    (Comment 4b (summarized)) The commenter believes it is important 
that the fictitious drugs in this study have safety profiles reflecting 
the complex safety profiles of actual, currently-approved and promoted 
products.

[[Page 40300]]

    (Response) The DTC ads to be used in this research were developed 
using actual ads for these medical conditions. Additionally, we 
consulted with expert reviewers in OPDP on content and format to ensure 
the stimuli are realistic.
    (Comment 4c (summarized)) The ``short'' versus ``long'' ISI should 
be defined explicitly. The commenter believes it is critical to know 
the specific ISI content (``short'' and ``long'') in order to fully 
understand the study results. Additionally, OPDP examples of adequate 
``short'' and ``long'' ISIs used in the context of print ads would be 
valuable templates for industry, especially given the lack of consensus 
in acceptable utilization of ``short'' iterations of ISI as observed in 
past OPDP advisory comments and Warning Letters.
    (Response) Please see our responses to comments 1c and 3c. This 
study is not intended to provide specific guidelines on what content 
should be included in the ISI.
    (Comment 4d (summarized)) The commenter proposes the content of the 
brief summary be stated as well so as to understand what risk 
information is repeated from the ISI and what impact this may have on 
the study results.
    (Response) We have described how the consumer brief summary will be 
constructed in the Background section. Please see our responses to 
Comment 1c and 3c.
    (Comment 4e (summarized)) The commenter questions the utility of 
including the control, consumer product ad if the eye-tracking data is 
not utilized. FDA should clarify if the questionnaire will assess the 
recall of the control ad. The commenter recommends FDA fully evaluate 
the data from the control ad in order to provide appropriate context 
for the results obtained from the study, health-related ads.
    (Response) The purpose of participants viewing the consumer product 
ad, otherwise known as the warm-up ad, is to orient them to the ad-
viewing task. In addition, the warm-up ad permits the research team to 
do an initial review and adjustment of the eye-tracking equipment as 
needed before the study task begins. Therefore, there is no plan to 
analyze the warm-up ad data as it is not relevant to the focus of the 
study, and is mainly a procedure to orient the participant to the eye-
tracking task.
    (Comment 5a, regulations.gov tracking number 1k1-8y60-6g3m 
(summarized)) The commenter is concerned with the Agency's recent 
approaches to studies in this area. FDA has proposed to undertake 
projects in a variety of disparate topics without articulating a clear, 
overarching research agenda or adequate rationales on how the proposed 
research related to the goal of further protecting public health. 
Within the last year, the Agency has increased such efforts at an 
exponential pace. At times, FDA proposes new studies seemingly without 
fully appreciating its own previous research published on the OPDP 
website. Proposed studies are often unnecessary in light of existing 
data. The commenter suggests that the Agency publish a comprehensive 
list of its prescription drug advertising and promotion studies from 
the past 5 years and articulate a clear vision for its research 
priorities for the near future. Going forward, FDA should use such 
priorities to explain the necessity and utility of its proposed 
research and should provide a reasonable rationale for the proposed 
research.
    (Response) OPDP's mission is to protect the public health by 
helping to ensure that prescription drug information is truthful, 
balanced, and accurately communicated, so that patients and health care 
providers can make informed decisions about treatment options. OPDP's 
research program supports this mission by providing scientific evidence 
to help ensure that our policies related to prescription drug promotion 
will have the greatest benefit to public health. Toward that end, we 
have consistently conducted research to evaluate the aspects of 
prescription drug promotion that we believe are most central to our 
mission, focusing in particular on three main topic areas: Advertising 
features, including content and format; target populations; and 
research quality. Through the evaluation of advertising features we 
assess how elements such as graphics, format, and disease and product 
characteristics impact the communication and understanding of 
prescription drug risks and benefits; focusing on target populations 
allows us to evaluate how understanding of prescription drug risks and 
benefits may vary as a function of audience; and our focus on research 
quality aims at maximizing the quality of research data through 
analytical methodology development and investigation of sampling and 
response issues.
    Because we recognize the strength of data and the confidence in the 
robust nature of the findings is improved through the results of 
multiple converging studies, we continue to develop evidence to inform 
our thinking. We evaluate the results from our studies within the 
broader context of research and findings from other sources, and this 
larger body of knowledge collectively informs our policies as well as 
our research program. Our research is documented on our homepage, which 
can be found at: https://www.fda.gov/aboutfda/centersoffices/officeofmedicalproductsandtobacco/cder/ucm090276.htm. The website 
includes links to the latest FRNs and peer-reviewed publications 
produced by our office. The website maintains information on studies we 
have conducted, dating back to a survey of DTC attitudes and behaviors 
conducted in 1999.
    (Comment 5b (The commenter provided a summary of their comments 
followed by a more detailed description of the same comments. For 
brevity, the summary of comments has been omitted and only the specific 
comments [5b through 5t] are provided below. The commenter's full 
comments may be accessed at regulations.gov via tracking number 1k1-
8y13-m7td) (summarized)) The PRA Notice states there has been little 
empirical research for the logical supposition that seeing repeated 
warnings will lead to increased selectivity and reduced attention. This 
is not correct. As some authors have commented, ``[h]abituation has 
been found in a variety [of] contexts and domains.'' The commenter is 
aware of at least three empirical research studies, none cited in the 
PRA Notice, that demonstrate the ``habituation effect is a robust 
phenomenon.'' This effect has been documented in ``studies involving 
different contexts and response measures.''
    (Response) We thank the commenter for pointing out this 
mischaracterization. We have revised our introduction to clarify that 
whereas there is an overall body of research relating to habituation, 
there is limited, if any, research on habituation in the specific 
context of DTC print advertising for prescription drugs.
    (Comment 5c (summarized)) FDA should clarify whether the proposed 
study will adopt the brief summary format outlined in ``Guidance for 
Industry--Brief Summary and Adequate Directions for Use: Disclosing 
Risk Information in Consumer-Directed Print Advertisements and 
Promotional Labeling for Prescription Drugs'' (Draft Guidance).
    (Response) We plan to utilize the Question and Answer consumer-
friendly format described in the referenced draft guidance.
    (Comment 5d (summarized)) The commenter requests that the Agency 
make available for public comment the study stimuli, including the non-
study ad for a consumer product unrelated to

[[Page 40301]]

health. In particular, the commenter wishes to provide comments on: (1) 
What constitutes ``short'' and ``long'' length for the ISI and (2) the 
content, format, and design of the Brief Summary.
    (Response) Please see our responses to Comments 1c, 3c, 4c, and 4e.
    (Comment 5e (summarized)) The Agency proposes to use eye tracking 
technology ``to determine how risk presentations in DTC print ads are 
perceived.'' The commenter encourages the Agency to use this technology 
in conjunction with other inputs (for example, qualitative research) to 
understand why subjects are looking at a portion of the proposed 
materials, rather than to draw conclusions that such portions were 
viewed. Additionally, an explanation of the use of eye tracking 
technology should also be included during the subject enrollment 
process.
    (Response) FDA plans to collect and analyze eye-tracking (physical 
measures of attention) data in conjunction with other measures, 
including self-report measures of attention, recall, and comprehension. 
The recall measures will be collected via qualitative (open-ended) 
questions. To avoid the potential for priming effects, the goals of the 
eye-tracking component of the study will not be explained to recruited 
individuals before they report for their in-person sessions. However, 
participants will be made aware of the eye-tracking component during 
the informed consent process. Please also see our response to Comment 
3d.
    (Comment 5f (summarized)) Recall Questions. FDA should capture 
whether subjects comprehend that there are side effects and negative 
outcomes, even if the subject does not recall information on the 
specifics. The commenter suggests adding a question concerning whether 
subjects were aided in the recall of information by the ``short'' or 
``long'' ISI format.
    (Response) Questions 4a-c capture recall of risk in an open-ended 
format. Our approach involves random assignment to experimental 
conditions; each participant will see only one version of the stimuli. 
Because participants will not be aware there is another, different 
format, asking them their impressions of the long versus the short 
format is not feasible.
    (Comment 5g (verbatim)) Recall questions (e.g., Question 4) ask 
test subjects to identify specific side effects and negative outcomes 
of the featured drug products. It is not clear why such questions are 
necessary for the research purpose of the study.
    (Response) An important purpose of communicating the drug's 
specific risk and benefit information in DTC advertising is to position 
consumers as active and well-informed participants in their health care 
decision-making. In this study, we are investigating how different 
presentations of risk information impact perception and comprehension 
of drug risks and benefits. These questions are designed to provide 
information to help us identify effective ways to communicate risk and 
benefit information in DTC advertising. See our response to Comment 2b 
for additional context.
    (Comment 5h (verbatim)) The questionnaires do not define certain 
key terms (e.g., risk, side effect). Subjects may interpret these terms 
based on different standards. FDA might consider providing user-
friendly definitions.
    (Response) We appreciate the importance of ensuring uniform 
interpretation of terms. In cognitive interviews preceding this work, 
we assessed whether individuals interpret key terms similarly and made 
revisions where necessary. We have also considered the additional time 
(burden) that would be required to complete the survey if every term 
were defined in the pilot and main study. With these factors in mind, 
we have chosen not to provide additional definitions.
    (Comment 5i (summarized)) The commenter recommends that: (1) FDA 
replace the phrase ``negative outcomes'' with ``risks and warnings'' 
and (2) insert ``possible'' before the phrase ``side effects.''
    (Response) We have deleted ``negative outcomes'' from the question 
wording in Question 2 and Question 4b. Also, please see our response to 
Comment 3g concerning the proposal to reword the previously validated 
question.
    (Comment 5j (verbatim)) The Agency should consider changing the 
sliding scale to an odd number system to permit a ``neutral'' response. 
Most questions (e.g., Questions 2-3, Questions 8-11) provide six 
choices, not permitting a neutral response.
    (Response) Please see our response to Comment 3f.
    (Comment 5k (verbatim)) FDA should reconsider the inclusion of the 
perceived efficacy likelihood (Question 10) and perceived efficacy 
magnitude (Question 11) questions. It is not apparent what utility 
these specific questions have in the context of the study.
    (Response) We note that this comment is the opposite of Comment 2d, 
which suggests adding recall questions about product benefits. Although 
the main focus of this research is on the risk information, an 
important purpose of communicating the drug's specific risk and benefit 
information in DTC advertising is to position consumers as active and 
well-informed participants in health care decision-making. These 
questions will allow us to assess the impact of our study variables on 
perception and comprehension of drug benefits.
    (Comment 5l (summarized)) The commenter supports a study design 
that includes an analysis of whether the inclusion of the brief 
summary, along with a short or long ISI, presents duplicative 
information to the user, and therefore, introduces overwarning.
    (Response) We thank the commenter for their support of research. We 
reiterate that the purpose of the study is to examine how various means 
of presenting risk information impact consumer comprehension and 
perceptions of product information.
    (Comment 5m (verbatim)) FDA states that it will conduct the studies 
in person in at least five different cities across the United States. 
The Agency should address what efforts it will take to avoid enrichment 
of the sample population when selecting cities.
    (Response) We interpret the commenter's request for FDA to address 
how it will ``avoid enrichment of the sample population when selecting 
cities'' to mean that FDA should address how it will avoid collecting 
data in cities where the medical conditions are more prevalent than in 
other cities. This is not the aim of collecting data in five different 
cities. Rather, the cities have been selected to represent metropolitan 
areas in various geographic areas of the United States, including the 
West, Southwest, Midwest, Southeast, and the mid-Atlantic. These 
locations include Chicago, IL, Tampa, FL, Phoenix, AZ, Houston, TX, and 
Marlton, NJ. Due to the low population prevalence rate of the two 
medical conditions and the need to conduct sessions with 40 individuals 
with the condition in each of 5 areas, testing in rural areas is not 
feasible.
    (Comment 5n (summarized)) Study participants diagnosed with one of 
the medical conditions of interest may be more prone to pay attention 
and read information concerning prescription drugs for these 
conditions. Additionally, the study setting may prompt participants to 
pay closer attention to stimuli. FDA should clarify how it plans to 
limit such response biases.
    (Response) The study method randomly assigns each participant to an 
experimental condition, ensuring that potential pre-existing biases 
will be evenly distributed across the conditions.

[[Page 40302]]

The only aspect of the participants' experiences that will be varied in 
the study will be the manipulations that we have described. Thus, given 
the experimental design of the study, if we find differences between 
and among conditions, we can be reasonably sure that the manipulations 
caused the differences. Similarly, any individual differences in 
attention or ability should be spread across experimental conditions. 
We have not found in the past that our participants spend an inordinate 
amount of time viewing stimuli, but we will be careful to place the 
research in context when we interpret the data.
    (Comment 5o (verbatim)) An ``FDA employee'' category, similar to S6 
and S7, should be added to the Screener Survey. These individuals 
should also be terminated from the study.
    (Response) We have added a category to exclude employees of HHS, 
which includes employees of FDA.
    (Comment 5p (verbatim)) S2 and S3 of the Screener Survey should be 
rewritten as follows: ``Has a doctor or other health care professional 
ever diagnosed you with overactive bladder (OAB)?''
    ``Has a doctor or other health care professional ever diagnosed you 
with rheumatoid arthritis (RA)?''
    (Response) We will leave the wording of the screener questions S2 
and S3 as-is. Cognitive testing results in various contexts have 
indicated comprehension and reporting errors associated with using the 
more formal phrase ``. . . diagnosed you with . . . [condition].'' 
Common practice is to use the wording ``. . . ever told you . . . .''
    (Comment 5q (verbatim)) Question 16 of the Questionnaire and P1 of 
the Pilot Study should be deleted. Whether a subject considers the 
study stimuli to be ``Exciting/Unexciting'' or ``Boring/Interesting'' 
or whether the subject ``likes'' the study stimuli has no apparent 
relevance to FDA's study goals.
    (Response) Please see our response to Comment 2g.
    (Comment 5r (verbatim)) Questions 12-17 should be the first 
questions of the Questionnaire. A subject will likely answer these 
questions most accurately immediately after reviewing the study stimuli 
and before answering other questions that could influence these 
answers.
    (Response) FDA agrees that it is important to position certain 
questions where they will be answered in close proximity to the ad-
viewing time, which may improve reporting accuracy. However, the 
decision was to place the questions that assess recall and recognition 
of risks (Questions 4-7) earliest in the question sequence, so as to 
minimize memory decay and contamination of responses by exposure to 
questions covering other constructs (risk likelihood, risk magnitude). 
The attention (Question 12) and ad reading (Questions 13-15) measures 
will be retained in their current order (in the first half of the 
questionnaire).
    (Comment 5s (verbatim)) Question 18 should include considerations 
for prescription drug access.
    (Response) Please see our response to Comment 2h.
    (Comment 5t (summarized)) It is unclear how FDA plans to utilize 
the non-study ad (related to ice cream). Questions 27-32 appear very 
different in nature, substance, purpose, format, and length than the 
questions concerning the drug ad. FDA should clearly articulate the 
purpose of this stimulus and how it will be used in analyzing study 
results (if at all). If the sole purpose is to ``stimulate normal ad 
viewing,'' the commenter encourages adding another one to two non-study 
ads.
    (Response) The comment suggests that the nutrition facts label was 
interpreted as the ``non-study ad.'' That is not the case. The ice 
cream nutrition facts label and accompanying questions (Questions 27-
33) are included in the questionnaire as skills-based measures of 
health literacy and numeracy and have been adapted for self-
administration in these studies. Please see our response to Comment 2j.
    FDA estimates the burden of this collection of information as 
follows:

                                                     Table 1--Estimated Annual Reporting Burden \1\
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                 Number of
                  Activity                       Number of     responses per   Total annual           Average burden per response           Total hours
                                                respondents     respondent       responses
--------------------------------------------------------------------------------------------------------------------------------------------------------
Pilot Screener..............................             120               1             120  .03 (2 minutes)...........................               4
Study 1 Screener............................             600               1             600  .03 (2 minutes)...........................              18
Study 2 Screener............................             600               1             600  .03 (2 minutes)...........................              18
Completes, Pilot............................              40               1              40  1.........................................              40
Completes, Study 1..........................             200               1             200  1.........................................             200
Completes, Study 2..........................             200               1             200  1.........................................             200
                                             -----------------------------------------------------------------------------------------------------------
    Total...................................  ..............  ..............  ..............  ..........................................             480
--------------------------------------------------------------------------------------------------------------------------------------------------------
\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 with the Dockets Management 
Staff (HFA-305), Food and Drug Administration, 5630 Fishers Lane, Rm. 
1061, Rockville, MD 20852 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 https://www.regulations.gov. FDA has 
verified the website addresses, as of the date this document publishes 
in the Federal Register, but websites are subject to change over time.

1. McGuire, L.C., ``Remembering What the Doctor Said: Organization 
and Older Adults' Memory for Medical Information.'' Experimental 
Aging Research, vol. 22, pp. 403-428, 1996.
2. Aikin, K.J., J.L. Swasy, and A.C. Braman, ``Patient and Physician 
Attitudes and Behaviors Associated with DTC Promotion of 
Prescription Drugs: Summary of FDA Survey Research Results'' (2004). 
Available at https://www.fda.gov/AboutFDA/CentersOffices/OfficeofMedicalProductsandTobacco/CDER/ucm151498.htm.
3. Warnings and Risk Communication (2005). Wogalter, M.S., D.M. 
DeJoy, and K.R. Laughery (Eds.). Philadelphia: Taylor & Francis, 
Inc.
4. Conzola, V.C. and M.S. Wogalter, ``A Communication-Human 
Information Processing (C-HIP) Approach to Warning Effectiveness in 
the Workplace.'' Journal of Risk Research, vol. 4(4), pp. 309-322, 
2001.
5. Wogalter, M.S. and K.R. Laughery, ``Warning! Sign and Label 
Effectiveness.'' Current Directions in Psychological Science, vol. 
5(2), pp. 33-37, 1996.
6. Wogalter, M.S., T.L. Smith-Jackson, B.J. Mills, and C.S. Paine, 
``The Effects of

[[Page 40303]]

Print Format in Direct-to-Consumer Prescription Drug Advertisements 
on Risk Knowledge and Preference.'' Drug Information Journal, vol. 
36(3), pp. 693-705, 2002.
7. Brief Summary and Adequate Directions for Use: Disclosing Risk 
Information in Consumer-Directed Print Advertisements and 
Promotional Labeling for Prescription Drugs. Revised Draft Guidance. 
Available at https://www.fda.gov/downloads/Drugs/GuidanceComplianceRegulatoryInformation/Guidances/UCM069984.pdf.
8. ``Content of Risk Information in the Major Statement in 
Prescription Drug Direct-to-Consumer Broadcast Advertisements; 
Establishment of a Public Docket; Request for Information and 
Comments.'' August 21, 2017, 82 FR 39598.
9. Betts, Kevin R., et al., ``Serious and Actionable Risks, Plus 
Disclosure: Investigating an Alternative Approach for Presenting 
Risk Information in Prescription Drug Television Advertisements.'' 
Research in Social and Administrative Pharmacy, 2017.
10. Bhutada, N.S., B.L. Rollins, and M. Perri III, ``Impact of 
Animated Spokes-Characters in Print Direct-to-Consumer Prescription 
Drug Advertising: An Elaboration Likelihood Model Approach.'' Health 
Communication, vol. 32, pp. 391-400, 2017.
11. Zaichkowsky, J.L., ``The Personal Involvement inventory: 
Reduction, Revision, and Application to Advertising.'' Journal of 
Advertising, vol. 23, pp. 59-70, 1994.
12. Mackert, M., S.E. Champlin, K.E. Pasch, and B.D. Weiss, 
``Understanding Health Literacy Measurement Through Eye Tracking.'' 
Journal of Health Communication, vol. 18, pp. 185-196, 2013.
13. Chiang, K.P. and A. Jackson, ``The Impact of Health Literacy on 
Involvement and Attitude Toward Pharmaceutical Print Ads.'' 
International Journal of Healthcare Management, vol. 9(1), pp. 47-
57, 2016.
14. An, S. and N. Muturi, ``Subjective Health Literacy and Older 
Adults' Assessment of Direct-to Consumer Prescription Drug Ads.'' 
Journal of Health Communication, vol. 16(3), pp. 242-255, 2011.
15. Ball, J.G., D. Manika, and P. Stout, ``Consumers Young and Old: 
Segmenting the Target Markets for Direct-to-Consumer Prescription 
Drug Advertising.'' Health Marketing Quarterly, vol. 28(4), pp. 337-
353, 2011.
16. Christensen, T.P., F.J. Ascione, and R.P. Bagozzi, 
``Understanding How Elderly Patients Process Drug Information: A 
Test of a Theory of Information Processing.'' Pharmaceutical 
Research, vol. 14, pp. 1589-1596, 1997.
17. Mehta, A. and S.C. Purvis, ``Consumer Response to Print 
Prescription Drug Advertising.'' Journal of Advertising Research, 
vol. 43(2), pp. 194-206, 2003.
18. Paulhus, D.L. and S. Vazire, ``The Self-Report Method.'' 
Handbook of Research Methods in Personality Psychology, vol. 1, pp. 
224-239, 2007.

    Dated: August 8, 2018.
Leslie Kux,
Associate Commissioner for Policy.
[FR Doc. 2018-17360 Filed 8-13-18; 8:45 am]
 BILLING CODE 4164-01-P



                                                                           Federal Register / Vol. 83, No. 157 / Tuesday, August 14, 2018 / Notices                                              40295

                                              DEPARTMENT OF HEALTH AND                                Section 1003(d)(2)(C) of the Federal                  In comparison, when asked how much
                                              HUMAN SERVICES                                          Food, Drug, and Cosmetic Act (the                     of the ‘‘main’’ ad they read, about 78
                                                                                                      FD&C Act) (21 U.S.C. 393(d)(2)(C))                    percent reported reading ‘‘all’’ or
                                              Food and Drug Administration                            authorizes FDA to conduct research                    ‘‘almost all’’ of the main body portion of
                                              [Docket No. FDA–2017–N–1315]                            relating to drugs and other FDA                       the ad.
                                                                                                      regulated products in carrying out the                   One potential downside to including
                                              Agency Information Collection                           provisions of the FD&C Act.                           the same warnings in both the ISI and
                                              Activities; Submission for Office of                       Section 502(n) of the FD&C Act (21                 again in the brief summary is the
                                              Management and Budget Review;                           U.S.C.352(n)) specifies that                          potential to overwarn consumers.
                                              Comment Request; Experimental                           advertisements (ads) for prescription                 Overwarning is the concept that
                                              Study of Risk Information Amount and                    drugs and biological products must                    individuals are exposed to so many
                                              Location in Direct-to-Consumer Print                    provide a true statement of information               warnings in the course of daily life that
                                              Ads                                                     ‘‘in brief summary’’ describing the                   they are less likely to pay attention to
                                                                                                      advertised product’s ‘‘side effects,                  any one particular warning (Ref. 3). In
                                              AGENCY:    Food and Drug Administration,                contraindications and effectiveness.’’                terms of presenting risk information,
                                              HHS.                                                    This is clarified further in the                      detailing too many risks may lead
                                              ACTION:   Notice.                                       prescription drug advertising                         consumers to discount all risks, or miss
                                                                                                      regulations. The brief summary shall                  the most important risk information.
                                              SUMMARY:    The Food and Drug                           include a true statement of information               Similarly, habituation follows when
                                              Administration (FDA) is announcing                      relating to side effects,                             readers see the same warning
                                              that a proposed collection of                           contraindications, warnings,                          repeatedly. Upon seeing a particular
                                              information has been submitted to the                   precautions, and any such information                 warning repeatedly, consumers may
                                              Office of Management and Budget                         under such headings as cautions,                      cease to pay attention to it (Refs. 4–6).
                                              (OMB) for review and clearance under                    special considerations, important notes,              Even if a warning has features that make
                                              the Paperwork Reduction Act of 1995                     etc., as well as effectiveness                        it noticeable, it still has the potential for
                                              (the PRA).                                              (§ 202.1(e)(1)). The prescription drug                habituation with repeated exposure
                                              DATES: Fax written comments on the                      advertising regulations also specify that             (Ref. 5). Although researchers caution
                                              collection of information by September                  the phrase side effect and                            against habituation and overwarning,
                                              13, 2018.                                               contraindication refers to all of the                 there appears to be limited empirical
                                              ADDRESSES: To ensure that comments on                   categories of risk information contained              research in the area of DTC advertising
                                              the information collection are received,                in the required, approved, or permitted               for prescription drugs for the logical
                                              OMB recommends that written                             product labeling written for health                   supposition that seeing repeated
                                              comments be faxed to the Office of                      professionals, including the side effects,            warnings will lead to increased
                                              Information and Regulatory Affairs,                     warnings, precautions, and                            selectivity and reduced attention by
                                              OMB, Attn: FDA Desk Officer, Fax: 202–                  contraindications (§ 202.1(e)(3)(iii)). Ads           recipients over time. Of note, the Office
                                              395–7285, or emailed to oira_                           must also ‘‘present a fair balance                    of Prescription Drug Promotion (OPDP)
                                              submission@omb.eop.gov. All                             between information relating to side                  is studying the presentation of risk
                                              comments should be identified with the                  effects and contraindications and                     information in the context of DTC TV
                                              OMB control number 0910—New and                         effectiveness . . .’’ An ad must present              ads (‘‘Disclosure Regarding Additional
                                              title ‘‘Experimental Study of Risk                      true information relating to side effects             Risks in Direct-to-Consumer
                                              Information Amount and Location in                      and contraindications in comparable                   Prescription Drug Television
                                              Direct-to-Consumer Print Ads.’’ Also                    depth and detail with the claims for                  Advertisements,’’ OMB control number
                                              include the FDA docket number found                     effectiveness or safety (§ 202.1(e)(5)(ii)).          0910–0785).
                                              in brackets in the heading of this                         To fulfill the regulatory requirements                OPDP plans to investigate, through
                                              document.                                               for fair balance and the brief summary,               empirical research, various
                                                                                                      sponsors have typically included risk                 combinations of the ISI and brief
                                              FOR FURTHER INFORMATION CONTACT:   Ila                  information about the product in direct-              summary. We propose to test two levels
                                              S. Mizrachi, FDA PRA Staff, Office of                   to-consumer (DTC) print ads both in the               of the ISI (short versus long) and the
                                              Operations, Food and Drug                               main part of the ad where the product                 presence of a consumer brief summary
                                              Administration, Three White Flint                       claims appear, and in a separate brief                (absent versus present) in two different
                                              North, 10A–12M, 11601 Landsdown St.,                    summary page. The section of the main                 medical conditions (overactive bladder
                                              North Bethesda, MD 20852, 301–796–                      ad where the risks appear is often                    (OAB) and rheumatoid arthritis). The
                                              7726, PRAStaff@fda.hhs.gov.                             referred to as the ‘‘Important Safety                 consumer brief summary will follow the
                                              SUPPLEMENTARY INFORMATION: In                           Information’’ (ISI). Including risks in               draft recommendations for language,
                                              compliance with 44 U.S.C. 3507, FDA                     both the ISI and the brief summary may                readability, content, and format
                                              has submitted the following proposed                    have advantages. Some research has                    described in ‘‘Brief Summary and
                                              collection of information to OMB for                    found that repetition of information                  Adequate Directions for Use: Disclosing
                                              review and clearance.                                   improves recall, especially for older                 Risk Information in Consumer-Directed
                                                                                                      adults (Ref. 1). This might result in                 Print Advertisements and Promotional
                                              Experimental Study of Risk                              improved recall for risks that appear                 Labeling for Prescription Drugs:
                                              Information Amount and Location in                      both in the ISI and brief summary.                    Guidance for Industry, Revised Draft
                                              Direct-to-Consumer Print Ads                            However, it is possible that risks                    Guidance’’ (Ref. 7). The ‘‘long’’ ISI is a
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                                              OMB Control Number 0910—NEW                             appearing on the main page in the ISI                 selection of risks from the brief
                                                                                                      may be more likely to be read than risks              summary and is typical of what would
                                              I. Background                                           appearing in the brief summary. Based                 appear in current DTC ads for each
                                                Section 1701(a)(4) of the Public                      on FDA survey research, about 27                      condition. The ‘‘short’’ ISI was created
                                              Health Service Act (42 U.S.C.                           percent of consumers surveyed in 2002                 by applying the ideas from recent FDA
                                              300u(a)(4)) authorizes FDA to conduct                   reported reading half or more of the                  work on the major statement in
                                              research relating to health information.                brief summary in DTC print ads (Ref. 2).              broadcast ads (see Refs. 8 and 9).


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                                              40296                        Federal Register / Vol. 83, No. 157 / Tuesday, August 14, 2018 / Notices

                                              Figures 1 and 2 describe the study                      design. This will be investigated in DTC
                                                                                                      print ads for prescription drugs.




                                                 This project is designed to use eye-                 be conducted in person in at least five               brevity, some public comments are
                                              tracking technology. Eye-tracking                       different cities across the United States.            paraphrased and therefore may not
                                              technology is an effective method to                    These locations include Chicago, IL,                  reflect the exact language used by the
                                              determine the extent to which                           Tampa, FL, Phoenix, AZ, Houston, TX,                  commenter. We assure commenters that
                                              consumers attend to risk information                    and Marlton, NJ. The pilot study and                  the entirety of their comments was
                                              presented in DTC print ads. This                        main studies will have the same design                considered even if not fully captured by
                                              technology allows researchers to                        and will follow the same procedure.                   our paraphrasing in this document. The
                                              unobtrusively detect and measure where                  Participants who self-identify as having              following acronyms are used here: FRN
                                              a participant looks while viewing a                     one of the medical conditions of interest             = Federal Register Notice; DTC = direct-
                                              print ad and for how long, and the                      will be randomly assigned to one of four              to-consumer; FDA and the Agency =
                                              pattern of their eye movements may                      test conditions. In Study 1, the ad will              Food and Drug Administration; OPDP =
                                              indicate attention to and processing of                 be for a fictitious drug to treat                     FDA’s Office of Prescription Drug
                                              information in the ad.                                  rheumatoid arthritis. In Study 2, the ad              Promotion.
                                                 We plan to collect descriptive eye-                  will be for a fictitious drug to treat OAB.              (Comment 1a, regulations.gov
                                              tracking data on voluntary participants’                After obtaining consent, we will explain              tracking number 1k1–8xet–419m
                                              attention to the following: (1) The ISI,                the study procedure to participants and               (verbatim)) The research methodology
                                              (2) the brief summary, and (3) the                      calibrate the eye-tracking device. To                 that is outlined here, does not take into
                                              indication and benefit claims. All                      collect eye-tracking data, we will use an             consideration prior exposure to ads and
                                              participants will be 18 years of age or                 unobtrusive glasses-based real-world                  the fact that it is known to take about
                                              older. We will exclude individuals who                  eye tracker with a minimum speed of 50                seven exposures to anything before the
                                              are trained as healthcare professionals,                hertz. The test images will be presented              information sticks. Exposing the
                                              employees of the U.S. Department of                     on paper and sized similarly to how                   respondents to an hour-long eye-
                                              Health and Human Services (HHS), or                     they would appear in print materials                  tracking research study does not take
                                              who work in pharmaceutical,                             such as magazines. To simulate normal                 this into consideration.
                                              advertising, or marketing settings                      ad viewing, participants will view two                   (Response) We are not testing long-
                                              because their knowledge and                             ads. One of the ads will be the study ad.             term retention of information. We are
                                              experiences may not reflect those of the                The non-study ad will be for a consumer               recruiting participants who have the
                                              typical consumer. We will also exclude                  product unrelated to health. Only eye-                medical condition of interest and may
                                              individuals who have photosensitive                     tracking data from the study ad will be               currently be under treatment. Also,
                                              epilepsy; use a medical device that is                  analyzed. Next, participants will                     Question 21 asks about familiarity with
                                              sensitive to infrared light; or wear                    complete a questionnaire that assesses                treatments for the targeted condition,
                                              various kinds of eyeglasses, hard contact               risk perceptions, risk recall, efficacy               which can be used as a covariate in
                                              lenses, or colored contact lenses, or                   perceptions, efficacy recall, and                     analyses. We do not expect participants
                                              have certain vision disorders.                          covariates such as demographics and                   to have prior exposure to advertising for
                                                 To examine differences between                       health literacy. In the pilot study,                  the product in the study because the ad
                                              experimental conditions, we will                        participants will also answer questions               is for a fictional product.
                                              conduct inferential statistical tests such              as part of a debriefing interview to                     (Comment 1b (verbatim)) A sample of
                                              as analysis of variance. With the sample                assess the study design and                           400 is what is considered robust for
                                              size described in this document, we will                questionnaire.                                        comparative analysis. Although you will
                                              have sufficient power to detect small-to-                  In the Federal Register of June 19,                have enough to do some comparison
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                                              medium sized effects in the main study.                 2017 (82 FR 27842), FDA published a                   with 200 respondents in each group, it
                                                 We plan to conduct one 60-minute                     60-day notice requesting public                       would be better to increase to 400 per
                                              pilot study with 40 participants and two                comment on the proposed collection of                 group.
                                              60-minute studies with 200 voluntary                    information. Five public comments                        (Response) Analysis will be
                                              participants each (50 participants in                   were received. Comments received                      conducted within medical condition.
                                              each cell), for a total of 400 main study               along with our responses to the                       This yields a sample size within each
                                                                                                                                                                                                        EN14AU18.002</GPH>




                                              voluntary participants. The studies will                comments are provided below. For                      study of 200, which will be used to


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                                                                           Federal Register / Vol. 83, No. 157 / Tuesday, August 14, 2018 / Notices                                          40297

                                              examine the main effect of length of ISI,               (permanent pupil dilation), nystagmus                 benefit/efficacy (Questions 3, 10, and
                                              the main effect of the presence of a brief              (involuntary eye movements), an ocular                11). We also have questions that
                                              summary, and the interaction effects of                 prosthesis (glass eye), and who are                   measure the perceived risk/benefit
                                              the two. The sample size of 200 was                     designated as legally blind.                          tradeoff (Questions 1, 18, and 19).
                                              determined through a power analysis                        (Comment 2b (verbatim)) Consider                   Although it would be interesting from a
                                              using an alpha level of 0.05, a power of                adding an arm to the design that shows                conceptual standpoint to include an
                                              0.90 and a medium effect size (f = 0.25).               an ad without any specific risk content               open-ended recall question about
                                              The power to detect a medium effect                     or a brief summary, but alternatively                 product benefits, our focus in this study
                                              size (f = 0.25) is 0.999 given an alpha                 consists of a statement that informs a                is on the risk information. Further, we
                                              of 0.05 if the sample size for each study               potential patient that the drug in                    are concerned about adding length to
                                              was increased to 400. The increase in                   question has risks, including serious                 the questionnaire as we have worked to
                                              sample size would not substantially                     risks, associated with its use, and that              minimize the burden of the collection of
                                              improve our ability to detect                           it is very important that a patient talk              information on respondents.
                                              differences.                                            with his/her doctor about these risks,                   (Comment 2e (verbatim)) Questions 8,
                                                 (Comment 1c (verbatim, edited for                    prior to use, to determine if the drug is             10, and 11: Suggest rewording the
                                              length)) It seems like the research is                  appropriate for the patient. It would be              questions so that they describe the
                                              front loaded to give the answer that the                interesting to see what type of recall and            likelihood that a person taking the drug
                                              FDA is looking for—give less                            what type of eye movement data would                  experiences a side effect or a benefit.
                                              information to consumers so that they                   occur for this type of statement.                        (Response) The items used in this
                                              think less about the side effects of the                   (Response) FDA regulations state that              section were developed through scale
                                              product and buy more product.                           prescription drug advertisements must                 validation research. Thus, we prefer to
                                              Consumers should be given all the                       contain ‘‘a true statement of information             retain them in their original form.
                                              information to make an informed choice                  in brief summary relating to side effects,               (Comment 2f (verbatim)): Questions
                                              by themselves not determined by what                    contraindications (. . .[to] include side             12–15: It may be confusing for the
                                              the FDA or other governmental                           effects, warnings, precautions, and                   reader to discern differences between
                                              organization feels is what they can                     contraindications and include any such                the terms ‘‘main ad’’, ‘‘page following
                                              handle.                                                 information under such headings as                    the main ad’’, and ‘‘advertisement’’.
                                                 (Response) Please see our responses to               cautions, special considerations,                     These terms might need to be
                                              Comments 2i and 5a. This research is                    important notes, etc.) and effectiveness’’            accompanied by further explanatory
                                              intended to develop scientific evidence                 (§ 202.1(e)(1)). Additionally,                        text.
                                              to help inform policy decisions and                     advertisements must also ‘‘present a fair                (Response) Cognitive testing revealed
                                              ensure that our policies related to                     balance between information relating to               participants did have difficulty
                                              prescription drug promotion will have                   side effects and contraindications and                discerning the differences in the ad
                                              the greatest benefit to public health.                  . . . effectiveness. . . .’’                          components based on the descriptive
                                              OPDP seeks to ensure that prescription                  (§ 202.1(e)(5)(ii)). We decline the                   terms provided. To address this problem
                                              drug promotional materials provide                      suggestion to test the proposed                       and help with data quality, thumbnail
                                              truthful, balanced and accurately                       statement at this time.                               images will be provided next to
                                              communicated information that helps                        (Comment 2c (verbatim)) Question 1:                Questions 13–15, so that participants
                                              patients make informed decisions about                  The relevance of asking a subject to                  will have a visual cue of what portion
                                              their treatment options. In each study,                 assess how many risks are presented in                of the ad the question is asking about
                                              the ads will all include the same risk                  comparison to how many benefits is not                without allowing them to re-read the ad
                                              concepts and we will measure                            apparent. We recommend that FDA                       stimulus.
                                              comprehension of these risks. We will                   consider deleting the question or                        (Comment 2g (verbatim)) Questions
                                              vary the amount of detail about each                    alternatively rewording it to get data on             16 and 17: Randomize the order in
                                              risk concept in the ISI section of the ad               how many risks the subjects think are                 which the personal involvement
                                              and we will test the effects of repeating               presented in the ad. Response options                 adjectives/tasks are presented to
                                              information across the ISI and the                      should be quantitative, such as: No                   minimize bias.
                                              consumer brief summary.                                 risks, 1–3 risks, 4–6 risks, >6 risks.                   (Response) Question 16 is The
                                                 (Comment 2a, regulations.gov                            (Response) The purpose of Question 1               Personal Involvement Inventory, a
                                              tracking number 1k1–8xz7-z732                           is to assess participants’ initial                    validated measure with high internal
                                              (verbatim)) Do the exclusion criteria                   impressions of balance of risks versus                consistency (coefficient a = .88) and has
                                              adequately account for all potential                    benefits in the ad. Additionally,                     been used in prior studies to provide
                                              subjects that have vision impairments                   Question 4 has been revised based on                  useful information about personal
                                              that can affect how their eyes move as                  the results of cognitive testing to collect           relevance (Refs. 10 and 11). The author
                                              they read? Additional exclusions may                    risks that participants can recall. This              of the inventory confirmed that it was
                                              be needed to address these (e.g.                        provides both a quantitative measure                  developed and has been administered
                                              blindness in one eye, artificial eye, etc.).            and an accuracy evaluation. We believe                without randomization of these items.
                                                 (Response) The study design currently                this approach will yield richer data as               For the current study, values across
                                              calls for excluding potential participants              far as how many risks the participant                 items will be averaged in order to
                                              with vision impairments that interfere                  recalls from the ad.                                  produce an overall personal
                                              with the capabilities of the eye-tracking                  (Comment 2d (verbatim)) Question 4:                involvement score for comparison
                                              glasses. This includes wearing regular                  If subjects are going to be asked to                  across participants. Since this question
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                                              glasses, bifocals, trifocals, progressive               recall, using free text, the risks                    is a validated measure and will be used
                                              lenses, hard contact lenses, and colored                presented in the ad, it would similarly               only as a moderator variable, the item
                                              contact lenses. We will also add                        be interesting to add a similar question              order will not change. Question 17 is a
                                              exclusion criteria for potential                        to recall, using free text, which benefits            measure of self-efficacy, which will
                                              participants who have cataracts,                        were presented in the ad.                             serve as an additional outcome of
                                              amblyopia (lazy eye/blind in one eye),                     (Response) The questionnaire                       interest. We will randomize Question
                                              strabismus (cross-eyed), mydriasis                      contains several questions about                      17.


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                                              40298                        Federal Register / Vol. 83, No. 157 / Tuesday, August 14, 2018 / Notices

                                                 (Comment 2h (verbatim)) Question 18:                 by Pfizer. (See https://www.pfizer.com/               provide suggestions or comments on the
                                              It is not clear what the term ‘‘leave’’                 health/literacy/public-policy-                        stimuli to be tested.
                                              means. It may mean ‘‘take time off from                 researchers/nvs-toolkit). The NVS is a                   (Response) We have described the
                                              work.’’ Please clarify.                                 valid and reliable measure of health                  purpose of the study, the design, the
                                                 (Response) Question 18 was                           literacy and numeracy that was used                   population of interest, and have
                                              developed through scale validation                      and recommended by two studies (Refs.                 provided the questionnaire to numerous
                                              research. ‘‘Leave’’ does in fact mean                   12 and 13). In this study, the NVS will               individuals upon request. The brief
                                              ‘‘take time off from work.’’ We did not                 be used as a covariate that measures risk             summary for each ad contains a
                                              encounter any confusion on the part of                  of low health literacy/numeracy. It is                summary of the product risks, side
                                              respondents during cognitive testing of                 important that potential participants of              effects, and contraindications. The
                                              the questionnaire. We prefer to retain                  various health literacy levels are                    ‘‘long’’ ISI is a selection of risks from the
                                              this question in its original form.                     included, because level of health                     brief summary and is typical of what
                                                 (Comment 2i (verbatim)) Question 19:                 literacy/numeracy of the individual has               would appear in current DTC ads for
                                              A consumer should not be expected to                    been shown to play a particularly strong              each condition. The ‘‘short’’ ISI was
                                              make a risk/benefit assessment of a drug                role in viewing and processing health                 created by applying the ideas from
                                              simply by reading an ad. Such an                        information (Ref. 14).                                recent FDA work on the major statement
                                              assessment can occur only after a                          For the stated reasons, no change to               in broadcast ads (see Refs. 16 and 17).
                                              patient has had a discussion with his/                  the analysis or use of the questions to               Our full stimuli are under development
                                              her healthcare provider. Thus, we                       filter the sample of participants is                  during the PRA process. We do not
                                              suggest deletion of this question.                      planned.                                              make draft stimuli public during this
                                                 (Response) An important purpose of                                                                         time because of concerns that this may
                                                                                                         (Comment 3a, regulations.gov
                                              communicating the drug’s specific risk                                                                        contaminate our participant pool and
                                                                                                      tracking number 1k1–8y5u–ecif
                                              and benefit information in DTC                                                                                compromise the research.
                                                                                                      (verbatim)) One omitted variable in the
                                              advertising is to position consumers as                                                                          (Comment 3d (summarized)) The
                                                                                                      study design is recall after viewing the
                                              active and well-informed participants in                                                                      commenter suggests that the data and
                                                                                                      ad and ISI/brief summary. It would
                                              their health care decisionmaking. FDA                                                                         information collected with eye-tracking
                                                                                                      seem potential negative effects of
                                              seeks to improve our understanding of                                                                         be used as secondary evidence of
                                              what baseline judgements about product                  overwarning and habituation would be
                                                                                                                                                            attention. This is due to both difficulty
                                              risks and benefits individuals make on                  even more apparent after a lapse of time.
                                                                                                                                                            of interpretation inherent in eye-
                                              the basis of advertising. Question 19                   The commenter suggests incorporating a
                                                                                                                                                            tracking data along with subjectivity
                                              does not indicate that FDA expects that                 parameter to capture this, for example,
                                                                                                                                                            introduced by the ad copy stimuli under
                                              the advertisement will be the sole basis                including a re-contact option to test
                                                                                                                                                            examination, as stimuli can be
                                              for individuals to assess benefit and risk              recall and interpretation after a period
                                                                                                                                                            manipulated to increase/decrease
                                              or make ultimate healthcare decisions.                  of 2–4 days. For this recall option, we               attractiveness to a respondents’ eye. The
                                              Rather, Question 19, which was                          suggest that a quota of ∼ 30 respondents              commenter believes these limitations
                                              developed through scale validation                      per cell in order to ensure a robust                  make use of this data to direct policy
                                              research, measures one aspect of the                    sample for statistical testing.                       difficult. Additionally, the briefing
                                              consumer’s perception of the drug’s                        (Response) Question 4 captures open-               document does not expand upon exactly
                                              risk-benefit tradeoff. Further, we did not              ended recall of risks and negative                    how the eye-tracking data will be
                                              encounter any confusion on the part of                  effects. The comment proposes an                      analyzed other than tracking attention.
                                              respondents during cognitive testing of                 interesting research idea. However,                   There are various ways to analyze eye-
                                              the questionnaire.                                      testing long-term retention of                        tracking data, such as order of attention,
                                                 (Comment 2j (verbatim)) Questions                    information is beyond the scope of this               number of multiple viewings, and
                                              28–33: We note these questions assess                   study.                                                possibly pupil dilation as a measure of
                                              the ability of the respondent to answer                    (Comment 3b (summarized)) The                      attention. The commenter has
                                              questions using an ice cream nutrition                  commenter suggests ensuring a                         traditionally added qualitative elements
                                              facts label. We assume the inclusion of                 representative sample of respondents                  to its use of eye-tracking technology in
                                              these questions is to assess how well                   with the conditions of interest is                    research, by discussing what the
                                              respondents are capable of                              collected (∼ 30 per cell). Analysis of                respondent saw after viewing the
                                              comprehending complex numeric                           these respondents compared to those                   stimuli and even reviewing a
                                              information. However, we note that                      without the conditions would act as a                 respondents’ eye-tracking map with
                                              some respondents may not be able to                     control.                                              them to get further insights.
                                              comprehend and apply numeric                               (Response) The study design calls for                 (Response) To clarify, two types of
                                              information or be motivated to do so,                   only including individuals who have                   data will be collected in each study.
                                              regardless of how it appears. The format                the medical condition targeted for each               Both data types are considered useful
                                              may not matter when this is the case.                   study. This is based on the rationale                 evidence. Self-report measures will be
                                              Therefore, we suggest that FDA consider                 that, relative to the general population,             collected via a web-based questionnaire,
                                              analyzing results based on those who                    individuals who suffer from a specific                and physical measures of attention will
                                              can vs. cannot answer the ice cream                     medical condition pay more attention to               be collected via eye-tracking glasses.
                                              questions. Alternatively, the ice cream                 DTC ads related to that medical                       Existing research has relied on self-
                                              questions could be used at the start of                 condition (Refs. 15–17). Thus, we do not              report measures to determine how much
                                              the survey to screen out those who are                  plan to add a general population                      and what parts of the risk and benefit
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                                              unable to answer the questions, thereby                 sample.                                               information consumers are reading.
                                              further focusing the sample on persons                     (Comment 3c (verbatim)) Neither the                Because of the known unreliability of
                                              who are able to comprehend numeric                      full stimuli nor specific examples of the             self-report measures (Ref. 18), research
                                              presentations likely to be found in drug                disclosure language were provided. The                is needed to accurately determine what
                                              promotion.                                              lack of access to these makes full                    and how much consumers are reading
                                                 (Response) Questions 28–33 make up                   interpretation of the study objectives                when they see risk and benefit
                                              the Newest Vital Sign (NVS), developed                  difficult as well as leaves us unable to              statements in prescription drug ads.


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                                                                           Federal Register / Vol. 83, No. 157 / Tuesday, August 14, 2018 / Notices                                            40299

                                                 During the debriefings for the pilot                 that have been used in prior FDA                      product perceptions. Additionally,
                                              study, respondents will be shown their                  studies (i.e., Questions 1 and 24) or are             please see our response to Comment 2h.
                                              eye-gaze data and asked to comment on                   established measurement inventories                      (Comment 3k (summarized)) For
                                              the elements of the stimuli they                        (Question 16 is the Personal                          Question 19, the commenter suggests a
                                              attended to, the elements they did not                  Involvement Inventory; Ref. 11).                      minor adjustment to the wording.
                                              attend to, and why. These data in                       Changing the scale range or altering the              Instead of saying ‘‘The benefits of
                                              aggregate form will be reviewed to                      scale to add definitions to each scale                [DRUG NAME] outweigh any side
                                              determine whether to modify the                         point would preclude comparison with                  effects it may have’’, the commenter
                                              stimuli prior to the main studies. Eye-                 prior study results. Thus, we prefer to               suggests saying ‘‘. . . any side effects it
                                              tracking data (both heat maps and gaze                  maintain the scale ranges currently in                is described/indicated as having’’. ‘‘May
                                              plots) will be used in the analyses to                  use.                                                  have’’ could be interpreted subjectively
                                              identify general patterns across                           (Comment 3g (summarized)) For                      by respondents to include side effects
                                              participants and to investigate how                     Questions 8–11, the commenter suggests                not in the ISI and brief summary.
                                              those relate to questionnaire measures.                 adding a ‘‘Don’t know’’ option as                        (Response) Question 19 is a validated
                                                 (Comment 3e (verbatim)) The FRN                      respondents might not be able to assess               question so it will be retained as is.
                                              states the location of risk information is              likelihood of side effects, seriousness of            Cognitive testing revealed no
                                              also an objective of the study. The                     side effects, efficacy, and potential                 comprehension or reporting issues for
                                              commenter assumes this ‘‘location’’                     improvement based on the information                  this question.
                                              testing will be via testing risk                        presented in the ad. The current range                   (Comment 3l (verbatim)) For
                                              information communicated in stimuli                     of answer choices may force inaccurate                Questions 22–23 pertaining to
                                              having the ISI plus the Brief Summary                   or speculative responses; a ‘‘Don’t                   respondent perception of condition.
                                              against stimuli having the ISI only. If                 Know’’ answer would be a legitimate                   There does not appear to be any skip
                                              this is inaccurate, then we are not sure                choice and informative for the study.                 logic to ensure that only those with one
                                              the study design as described in the                    The commenter’s standard practice is to               of the specified conditions can answer
                                              FRN adequately tests for a variable of                  provide a ‘‘Don’t Know’’ option                       those questions. These questions should
                                              ‘‘location.’’ If varying location of risk               whenever it could be a valid answer.                  not be asked of those who do not suffer
                                              information beyond ISI versus ISI +                        (Response) The items used in this                  from one of the specified conditions.
                                              Brief Summary is desired, the                           section were developed through scale                     (Response) We intend to recruit
                                              commenter suggests this be tested in a                  validation research. Thus, we prefer to               individuals who self-identify as having
                                              subsequent study or that the proposed                   retain them in their original form, for               either OAB or rheumatoid arthritis.
                                              study better specify variation of                       this study, though we will consider this              Those individuals will be assigned to
                                              ‘‘location.’’                                           for future measurement studies.
                                                 (Response) The commenter has                                                                               view an ad that treats their medical
                                              correctly interpreted the study design.                    (Comment 3h (verbatim)) For                        condition. The questionnaire will
                                              We are not manipulating where the                       Question 12, without ability to review                contain questions relevant to that
                                              information appears on the page.                        the stimuli, it is unclear what content               medical condition only.
                                              Location, as used here, refers to the                   will appear in Area A, B, C and D. It is                 (Comment 4a, regulations.gov
                                              presence of information in both the brief               also unclear whether the content will be              tracking number 1k1–8y4d–os71
                                              summary and the ISI, or just the ISI.                   the same across all 4 stimuli ads or                  (summarized)) The commenter
                                              Within each medical condition, we have                  whether content will change location in               recommends that greater emphasis be
                                              endeavored to maintain consistency of                   the ad.                                               placed on the recall/questionnaire
                                              where the information appears on the                       (Response) We have endeavored to                   metric rather than the eye-tracking
                                              page, and the order of the information,                 maintain consistency of information                   metric. The eye-tracking data will
                                              across experimental conditions.                         location across conditions. Area A is the             determine if there is indeed a direct
                                                 (Comment 3f (summarized)) Through                    part of the ad with a picture. Areas B,               correlation between the length (amount)
                                              the survey, the commenter suggests                      C, and D are all sections of the ISI.                 of the risk information and length of
                                              maintaining a single scale for all rating                  (Comment 3i (summarized)) The                      time spent looking at that information;
                                              questions. For example, the commenter                   commenter wonders what the utility of                 however, it will not differentiate
                                              generally employs a 5-point scale,                      asking Question 16 is as the question                 between what content and format is
                                              which includes a midpoint, and is                       appears to be out of scope with the                   more effective for communicating that
                                              defined at each point. In the current                   objectives of the study. Whether or not               risk information. The commenter
                                              questionnaire, the scales switch from 5-                the ad is important, boring, or relevant              suggests that FDA include in the
                                              point to 6-point scales which could                     to the respondent seems irrelevant to                 questionnaire (and/or debriefing
                                              cause confusion among some                              the stated goals. We suggest removing                 interview) specific inquiries regarding
                                              respondents. If the 6-point scales are                  the question.                                         the repetitiveness of the risk
                                              included explicitly to omit a neutral                      (Response) Please see our response to              information in order to further explore
                                              mid-point, the commenter suggests that                  Comment 2g.                                           the link between the amount and
                                              each of the points are defined to ensure                   (Comment 3j (summarized) In                        placement of risk information and the
                                              that respondents know what the point                    Question 18, the inclusion of ‘‘. . .                 ultimate recall of this information.
                                              on the scale they are choosing means                    outweigh all the things I have to do to                  (Response) Please see our response to
                                              (similarly to what is provided in                       obtain it (appointments, prescriptions,               Comment 3d. In addition, we will add
                                              Question 20 onwards).                                   leave)’’ seems out of scope when                      a question regarding repetitiveness to
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                                                 (Response) Many of the items used in                 considering the objectives of the study.              the questionnaire.
                                              the survey were developed through                       The commenter suggests removing the                      (Comment 4b (summarized)) The
                                              scale validation research (i.e., Questions              question.                                             commenter believes it is important that
                                              8–11, 18, and 19). These items utilize a                   (Response) This question measures                  the fictitious drugs in this study have
                                              six-point scale, so we have attempted to                one aspect of product benefits, the                   safety profiles reflecting the complex
                                              use six-point scales where possible. In                 benefit-inconvenience tradeoff, which is              safety profiles of actual, currently-
                                              other cases, however, we are using items                an important component of drug                        approved and promoted products.


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                                              40300                        Federal Register / Vol. 83, No. 157 / Tuesday, August 14, 2018 / Notices

                                                 (Response) The DTC ads to be used in                 variety of disparate topics without                   sources, and this larger body of
                                              this research were developed using                      articulating a clear, overarching research            knowledge collectively informs our
                                              actual ads for these medical conditions.                agenda or adequate rationales on how                  policies as well as our research program.
                                              Additionally, we consulted with expert                  the proposed research related to the goal             Our research is documented on our
                                              reviewers in OPDP on content and                        of further protecting public health.                  homepage, which can be found at:
                                              format to ensure the stimuli are realistic.             Within the last year, the Agency has                  https://www.fda.gov/aboutfda/
                                                 (Comment 4c (summarized)) The                        increased such efforts at an exponential              centersoffices/officeofmedicalprod
                                              ‘‘short’’ versus ‘‘long’’ ISI should be                 pace. At times, FDA proposes new                      uctsandtobacco/cder/ucm090276.htm.
                                              defined explicitly. The commenter                       studies seemingly without fully                       The website includes links to the latest
                                              believes it is critical to know the                     appreciating its own previous research                FRNs and peer-reviewed publications
                                              specific ISI content (‘‘short’’ and ‘‘long’’)           published on the OPDP website.                        produced by our office. The website
                                              in order to fully understand the study                  Proposed studies are often unnecessary                maintains information on studies we
                                              results. Additionally, OPDP examples of                 in light of existing data. The commenter              have conducted, dating back to a survey
                                              adequate ‘‘short’’ and ‘‘long’’ ISIs used               suggests that the Agency publish a                    of DTC attitudes and behaviors
                                              in the context of print ads would be                    comprehensive list of its prescription                conducted in 1999.
                                              valuable templates for industry,                        drug advertising and promotion studies                   (Comment 5b (The commenter
                                              especially given the lack of consensus in               from the past 5 years and articulate a                provided a summary of their comments
                                              acceptable utilization of ‘‘short’’                     clear vision for its research priorities for          followed by a more detailed description
                                              iterations of ISI as observed in past                   the near future. Going forward, FDA                   of the same comments. For brevity, the
                                              OPDP advisory comments and Warning                      should use such priorities to explain the             summary of comments has been omitted
                                              Letters.                                                necessity and utility of its proposed                 and only the specific comments [5b
                                                 (Response) Please see our responses to               research and should provide a                         through 5t] are provided below. The
                                              comments 1c and 3c. This study is not                   reasonable rationale for the proposed                 commenter’s full comments may be
                                              intended to provide specific guidelines                 research.                                             accessed at regulations.gov via tracking
                                              on what content should be included in                      (Response) OPDP’s mission is to                    number 1k1–8y13–m7td) (summarized))
                                              the ISI.                                                protect the public health by helping to               The PRA Notice states there has been
                                                 (Comment 4d (summarized)) The                        ensure that prescription drug                         little empirical research for the logical
                                              commenter proposes the content of the                   information is truthful, balanced, and                supposition that seeing repeated
                                              brief summary be stated as well so as to                accurately communicated, so that                      warnings will lead to increased
                                              understand what risk information is                     patients and health care providers can                selectivity and reduced attention. This
                                              repeated from the ISI and what impact                   make informed decisions about                         is not correct. As some authors have
                                              this may have on the study results.                     treatment options. OPDP’s research                    commented, ‘‘[h]abituation has been
                                                 (Response) We have described how                     program supports this mission by                      found in a variety [of] contexts and
                                              the consumer brief summary will be                      providing scientific evidence to help                 domains.’’ The commenter is aware of at
                                              constructed in the Background section.                  ensure that our policies related to                   least three empirical research studies,
                                              Please see our responses to Comment 1c                  prescription drug promotion will have                 none cited in the PRA Notice, that
                                              and 3c.                                                 the greatest benefit to public health.                demonstrate the ‘‘habituation effect is a
                                                 (Comment 4e (summarized)) The                        Toward that end, we have consistently                 robust phenomenon.’’ This effect has
                                              commenter questions the utility of                      conducted research to evaluate the                    been documented in ‘‘studies involving
                                              including the control, consumer product                 aspects of prescription drug promotion                different contexts and response
                                              ad if the eye-tracking data is not                      that we believe are most central to our               measures.’’
                                              utilized. FDA should clarify if the                     mission, focusing in particular on three                 (Response) We thank the commenter
                                              questionnaire will assess the recall of                 main topic areas: Advertising features,               for pointing out this
                                              the control ad. The commenter                           including content and format; target                  mischaracterization. We have revised
                                              recommends FDA fully evaluate the                       populations; and research quality.                    our introduction to clarify that whereas
                                              data from the control ad in order to                    Through the evaluation of advertising                 there is an overall body of research
                                              provide appropriate context for the                     features we assess how elements such as               relating to habituation, there is limited,
                                              results obtained from the study, health-                graphics, format, and disease and                     if any, research on habituation in the
                                              related ads.                                            product characteristics impact the                    specific context of DTC print advertising
                                                 (Response) The purpose of                            communication and understanding of                    for prescription drugs.
                                              participants viewing the consumer                       prescription drug risks and benefits;                    (Comment 5c (summarized)) FDA
                                              product ad, otherwise known as the                      focusing on target populations allows us              should clarify whether the proposed
                                              warm-up ad, is to orient them to the ad-                to evaluate how understanding of                      study will adopt the brief summary
                                              viewing task. In addition, the warm-up                  prescription drug risks and benefits may              format outlined in ‘‘Guidance for
                                              ad permits the research team to do an                   vary as a function of audience; and our               Industry—Brief Summary and Adequate
                                              initial review and adjustment of the eye-               focus on research quality aims at                     Directions for Use: Disclosing Risk
                                              tracking equipment as needed before the                 maximizing the quality of research data               Information in Consumer-Directed Print
                                              study task begins. Therefore, there is no               through analytical methodology                        Advertisements and Promotional
                                              plan to analyze the warm-up ad data as                  development and investigation of                      Labeling for Prescription Drugs’’ (Draft
                                              it is not relevant to the focus of the                  sampling and response issues.                         Guidance).
                                              study, and is mainly a procedure to                        Because we recognize the strength of                  (Response) We plan to utilize the
                                              orient the participant to the eye-tracking              data and the confidence in the robust                 Question and Answer consumer-
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                                              task.                                                   nature of the findings is improved                    friendly format described in the
                                                 (Comment 5a, regulations.gov                         through the results of multiple                       referenced draft guidance.
                                              tracking number 1k1–8y60–6g3m                           converging studies, we continue to                       (Comment 5d (summarized)) The
                                              (summarized)) The commenter is                          develop evidence to inform our                        commenter requests that the Agency
                                              concerned with the Agency’s recent                      thinking. We evaluate the results from                make available for public comment the
                                              approaches to studies in this area. FDA                 our studies within the broader context                study stimuli, including the non-study
                                              has proposed to undertake projects in a                 of research and findings from other                   ad for a consumer product unrelated to


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                                                                           Federal Register / Vol. 83, No. 157 / Tuesday, August 14, 2018 / Notices                                           40301

                                              health. In particular, the commenter                       (Response) An important purpose of                 information, an important purpose of
                                              wishes to provide comments on: (1)                      communicating the drug’s specific risk                communicating the drug’s specific risk
                                              What constitutes ‘‘short’’ and ‘‘long’’                 and benefit information in DTC                        and benefit information in DTC
                                              length for the ISI and (2) the content,                 advertising is to position consumers as               advertising is to position consumers as
                                              format, and design of the Brief                         active and well-informed participants in              active and well-informed participants in
                                              Summary.                                                their health care decision-making. In                 health care decision-making. These
                                                 (Response) Please see our responses to               this study, we are investigating how                  questions will allow us to assess the
                                              Comments 1c, 3c, 4c, and 4e.                            different presentations of risk                       impact of our study variables on
                                                 (Comment 5e (summarized)) The                        information impact perception and                     perception and comprehension of drug
                                              Agency proposes to use eye tracking                     comprehension of drug risks and                       benefits.
                                              technology ‘‘to determine how risk                      benefits. These questions are designed                   (Comment 5l (summarized)) The
                                              presentations in DTC print ads are                      to provide information to help us                     commenter supports a study design that
                                              perceived.’’ The commenter encourages                   identify effective ways to communicate                includes an analysis of whether the
                                              the Agency to use this technology in                    risk and benefit information in DTC                   inclusion of the brief summary, along
                                              conjunction with other inputs (for                      advertising. See our response to                      with a short or long ISI, presents
                                              example, qualitative research) to                       Comment 2b for additional context.                    duplicative information to the user, and
                                              understand why subjects are looking at                     (Comment 5h (verbatim)) The                        therefore, introduces overwarning.
                                              a portion of the proposed materials,                    questionnaires do not define certain key                 (Response) We thank the commenter
                                              rather than to draw conclusions that                    terms (e.g., risk, side effect). Subjects             for their support of research. We
                                              such portions were viewed.                              may interpret these terms based on                    reiterate that the purpose of the study is
                                              Additionally, an explanation of the use                 different standards. FDA might consider               to examine how various means of
                                              of eye tracking technology should also                  providing user-friendly definitions.                  presenting risk information impact
                                                                                                         (Response) We appreciate the                       consumer comprehension and
                                              be included during the subject
                                                                                                      importance of ensuring uniform                        perceptions of product information.
                                              enrollment process.
                                                                                                      interpretation of terms. In cognitive                    (Comment 5m (verbatim)) FDA states
                                                 (Response) FDA plans to collect and                                                                        that it will conduct the studies in
                                              analyze eye-tracking (physical measures                 interviews preceding this work, we
                                                                                                      assessed whether individuals interpret                person in at least five different cities
                                              of attention) data in conjunction with                                                                        across the United States. The Agency
                                              other measures, including self-report                   key terms similarly and made revisions
                                                                                                      where necessary. We have also                         should address what efforts it will take
                                              measures of attention, recall, and                                                                            to avoid enrichment of the sample
                                              comprehension. The recall measures                      considered the additional time (burden)
                                                                                                      that would be required to complete the                population when selecting cities.
                                              will be collected via qualitative (open-                                                                         (Response) We interpret the
                                              ended) questions. To avoid the potential                survey if every term were defined in the
                                                                                                      pilot and main study. With these factors              commenter’s request for FDA to address
                                              for priming effects, the goals of the eye-                                                                    how it will ‘‘avoid enrichment of the
                                              tracking component of the study will                    in mind, we have chosen not to provide
                                                                                                      additional definitions.                               sample population when selecting
                                              not be explained to recruited                                                                                 cities’’ to mean that FDA should address
                                                                                                         (Comment 5i (summarized)) The
                                              individuals before they report for their                                                                      how it will avoid collecting data in
                                                                                                      commenter recommends that: (1) FDA
                                              in-person sessions. However,                                                                                  cities where the medical conditions are
                                                                                                      replace the phrase ‘‘negative outcomes’’
                                              participants will be made aware of the                                                                        more prevalent than in other cities. This
                                                                                                      with ‘‘risks and warnings’’ and (2) insert
                                              eye-tracking component during the                                                                             is not the aim of collecting data in five
                                                                                                      ‘‘possible’’ before the phrase ‘‘side
                                              informed consent process. Please also                                                                         different cities. Rather, the cities have
                                                                                                      effects.’’
                                              see our response to Comment 3d.                            (Response) We have deleted ‘‘negative              been selected to represent metropolitan
                                                 (Comment 5f (summarized)) Recall                     outcomes’’ from the question wording in               areas in various geographic areas of the
                                              Questions. FDA should capture whether                   Question 2 and Question 4b. Also,                     United States, including the West,
                                              subjects comprehend that there are side                 please see our response to Comment 3g                 Southwest, Midwest, Southeast, and the
                                              effects and negative outcomes, even if                  concerning the proposal to reword the                 mid-Atlantic. These locations include
                                              the subject does not recall information                 previously validated question.                        Chicago, IL, Tampa, FL, Phoenix, AZ,
                                              on the specifics. The commenter                            (Comment 5j (verbatim)) The Agency                 Houston, TX, and Marlton, NJ. Due to
                                              suggests adding a question concerning                   should consider changing the sliding                  the low population prevalence rate of
                                              whether subjects were aided in the                      scale to an odd number system to permit               the two medical conditions and the
                                              recall of information by the ‘‘short’’ or               a ‘‘neutral’’ response. Most questions                need to conduct sessions with 40
                                              ‘‘long’’ ISI format.                                    (e.g., Questions 2–3, Questions 8–11)                 individuals with the condition in each
                                                 (Response) Questions 4a–c capture                    provide six choices, not permitting a                 of 5 areas, testing in rural areas is not
                                              recall of risk in an open-ended format.                 neutral response.                                     feasible.
                                              Our approach involves random                               (Response) Please see our response to                 (Comment 5n (summarized)) Study
                                              assignment to experimental conditions;                  Comment 3f.                                           participants diagnosed with one of the
                                              each participant will see only one                         (Comment 5k (verbatim)) FDA should                 medical conditions of interest may be
                                              version of the stimuli. Because                         reconsider the inclusion of the                       more prone to pay attention and read
                                              participants will not be aware there is                 perceived efficacy likelihood (Question               information concerning prescription
                                              another, different format, asking them                  10) and perceived efficacy magnitude                  drugs for these conditions. Additionally,
                                              their impressions of the long versus the                (Question 11) questions. It is not                    the study setting may prompt
                                              short format is not feasible.                           apparent what utility these specific                  participants to pay closer attention to
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                                                 (Comment 5g (verbatim)) Recall                       questions have in the context of the                  stimuli. FDA should clarify how it plans
                                              questions (e.g., Question 4) ask test                   study.                                                to limit such response biases.
                                              subjects to identify specific side effects                 (Response) We note that this comment                  (Response) The study method
                                              and negative outcomes of the featured                   is the opposite of Comment 2d, which                  randomly assigns each participant to an
                                              drug products. It is not clear why such                 suggests adding recall questions about                experimental condition, ensuring that
                                              questions are necessary for the research                product benefits. Although the main                   potential pre-existing biases will be
                                              purpose of the study.                                   focus of this research is on the risk                 evenly distributed across the conditions.


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                                              40302                                  Federal Register / Vol. 83, No. 157 / Tuesday, August 14, 2018 / Notices

                                              The only aspect of the participants’                                      and reporting errors associated with                                         attention (Question 12) and ad reading
                                              experiences that will be varied in the                                    using the more formal phrase ‘‘. . .                                         (Questions 13–15) measures will be
                                              study will be the manipulations that we                                   diagnosed you with . . . [condition].’’                                      retained in their current order (in the
                                              have described. Thus, given the                                           Common practice is to use the wording                                        first half of the questionnaire).
                                              experimental design of the study, if we                                   ‘‘. . . ever told you . . . .’’                                                 (Comment 5s (verbatim)) Question 18
                                              find differences between and among                                           (Comment 5q (verbatim)) Question 16                                       should include considerations for
                                              conditions, we can be reasonably sure                                     of the Questionnaire and P1 of the Pilot                                     prescription drug access.
                                              that the manipulations caused the                                         Study should be deleted. Whether a                                              (Response) Please see our response to
                                              differences. Similarly, any individual                                    subject considers the study stimuli to be                                    Comment 2h.
                                              differences in attention or ability should                                ‘‘Exciting/Unexciting’’ or ‘‘Boring/
                                                                                                                                                                                                        (Comment 5t (summarized)) It is
                                              be spread across experimental                                             Interesting’’ or whether the subject
                                                                                                                                                                                                     unclear how FDA plans to utilize the
                                              conditions. We have not found in the                                      ‘‘likes’’ the study stimuli has no
                                                                                                                                                                                                     non-study ad (related to ice cream).
                                              past that our participants spend an                                       apparent relevance to FDA’s study
                                                                                                                                                                                                     Questions 27–32 appear very different
                                              inordinate amount of time viewing                                         goals.
                                                                                                                           (Response) Please see our response to                                     in nature, substance, purpose, format,
                                              stimuli, but we will be careful to place                                                                                                               and length than the questions
                                              the research in context when we                                           Comment 2g.
                                                                                                                           (Comment 5r (verbatim)) Questions                                         concerning the drug ad. FDA should
                                              interpret the data.                                                                                                                                    clearly articulate the purpose of this
                                                 (Comment 5o (verbatim)) An ‘‘FDA                                       12–17 should be the first questions of
                                                                                                                        the Questionnaire. A subject will likely                                     stimulus and how it will be used in
                                              employee’’ category, similar to S6 and
                                                                                                                        answer these questions most accurately                                       analyzing study results (if at all). If the
                                              S7, should be added to the Screener
                                                                                                                        immediately after reviewing the study                                        sole purpose is to ‘‘stimulate normal ad
                                              Survey. These individuals should also
                                                                                                                        stimuli and before answering other                                           viewing,’’ the commenter encourages
                                              be terminated from the study.
                                                                                                                        questions that could influence these                                         adding another one to two non-study
                                                 (Response) We have added a category
                                                                                                                        answers.                                                                     ads.
                                              to exclude employees of HHS, which
                                              includes employees of FDA.                                                   (Response) FDA agrees that it is                                             (Response) The comment suggests
                                                 (Comment 5p (verbatim)) S2 and S3 of                                   important to position certain questions                                      that the nutrition facts label was
                                              the Screener Survey should be rewritten                                   where they will be answered in close                                         interpreted as the ‘‘non-study ad.’’ That
                                              as follows: ‘‘Has a doctor or other health                                proximity to the ad-viewing time, which                                      is not the case. The ice cream nutrition
                                              care professional ever diagnosed you                                      may improve reporting accuracy.                                              facts label and accompanying questions
                                              with overactive bladder (OAB)?’’                                          However, the decision was to place the                                       (Questions 27–33) are included in the
                                                 ‘‘Has a doctor or other health care                                    questions that assess recall and                                             questionnaire as skills-based measures
                                              professional ever diagnosed you with                                      recognition of risks (Questions 4–7)                                         of health literacy and numeracy and
                                              rheumatoid arthritis (RA)?’’                                              earliest in the question sequence, so as                                     have been adapted for self-
                                                 (Response) We will leave the wording                                   to minimize memory decay and                                                 administration in these studies. Please
                                              of the screener questions S2 and S3 as-                                   contamination of responses by exposure                                       see our response to Comment 2j.
                                              is. Cognitive testing results in various                                  to questions covering other constructs                                          FDA estimates the burden of this
                                              contexts have indicated comprehension                                     (risk likelihood, risk magnitude). The                                       collection of information as follows:

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

                                              Pilot Screener ..........................................................                          120                           1                       120      .03 (2 minutes) ..........                        4
                                              Study 1 Screener .....................................................                             600                           1                       600      .03 (2 minutes) ..........                       18
                                              Study 2 Screener .....................................................                             600                           1                       600      .03 (2 minutes) ..........                       18
                                              Completes, Pilot .......................................................                            40                           1                        40      1 ................................               40
                                              Completes, Study 1 .................................................                               200                           1                       200      1 ................................              200
                                              Completes, Study 2 .................................................                               200                           1                       200      1 ................................              200

                                                    Total ..................................................................   ........................   ........................   ........................   ....................................            480
                                                 1 There    are no capital costs or operating and maintenance costs associated with this collection of information.


                                              II. References                                                            Register, but websites are subject to                                        3. Warnings and Risk Communication (2005).
                                                                                                                        change over time.                                                                Wogalter, M.S., D.M. DeJoy, and K.R.
                                                The following references are on                                                                                                                          Laughery (Eds.). Philadelphia: Taylor &
                                                                                                                        1. McGuire, L.C., ‘‘Remembering What the                                         Francis, Inc.
                                              display with the Dockets Management
                                                                                                                            Doctor Said: Organization and Older                                      4. Conzola, V.C. and M.S. Wogalter, ‘‘A
                                              Staff (HFA–305), Food and Drug                                                Adults’ Memory for Medical                                                   Communication-Human Information
                                              Administration, 5630 Fishers Lane, Rm.                                        Information.’’ Experimental Aging                                            Processing (C–HIP) Approach to Warning
                                              1061, Rockville, MD 20852 and are                                             Research, vol. 22, pp. 403–428, 1996.                                        Effectiveness in the Workplace.’’ Journal
                                              available for viewing by interested                                       2. Aikin, K.J., J.L. Swasy, and A.C. Braman,                                     of Risk Research, vol. 4(4), pp. 309–322,
amozie on DSK3GDR082PROD with NOTICES1




                                              persons between 9 a.m. and 4 p.m.,                                            ‘‘Patient and Physician Attitudes and                                        2001.
                                              Monday through Friday; they are also                                          Behaviors Associated with DTC                                            5. Wogalter, M.S. and K.R. Laughery,
                                                                                                                            Promotion of Prescription Drugs:                                             ‘‘Warning! Sign and Label
                                              available electronically at https://                                          Summary of FDA Survey Research                                               Effectiveness.’’ Current Directions in
                                              www.regulations.gov. FDA has verified                                         Results’’ (2004). Available at https://                                      Psychological Science, vol. 5(2), pp. 33–
                                              the website addresses, as of the date this                                    www.fda.gov/AboutFDA/CentersOffices/                                         37, 1996.
                                              document publishes in the Federal                                             OfficeofMedicalProductsandTobacco/                                       6. Wogalter, M.S., T.L. Smith-Jackson, B.J.
                                                                                                                            CDER/ucm151498.htm.                                                          Mills, and C.S. Paine, ‘‘The Effects of



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                                                                           Federal Register / Vol. 83, No. 157 / Tuesday, August 14, 2018 / Notices                                                 40303

                                                    Print Format in Direct-to-Consumer                  Dated: August 8, 2018.                              disease, respiratory protection may be
                                                    Prescription Drug Advertisements on               Leslie Kux,                                           the only countermeasure available to
                                                    Risk Knowledge and Preference.’’ Drug             Associate Commissioner for Policy.                    protect health care workers and the
                                                    Information Journal, vol. 36(3), pp. 693–
                                                                                                      [FR Doc. 2018–17360 Filed 8–13–18; 8:45 am]           general public.
                                                    705, 2002.
                                              7. Brief Summary and Adequate Directions                BILLING CODE 4164–01–P                                   Janssen Research & Development, LLC
                                                    for Use: Disclosing Risk Information in                                                                 will partner with JLABS, which exists to
                                                    Consumer-Directed Print Advertisements                                                                  foster innovation in health care
                                                    and Promotional Labeling for                      DEPARTMENT OF HEALTH AND                              products and executes QuickFire
                                                    Prescription Drugs. Revised Draft                 HUMAN SERVICES                                        Challenges for health care innovation.
                                                    Guidance. Available at https://                                                                         There is no direct equivalent of the
                                                    www.fda.gov/downloads/Drugs/                      The Biomedical Advanced Research                      QuickFire Challenge services for
                                                    GuidanceComplianceRegulatory                      and Development Authority (BARDA)
                                                    Information/Guidances/UCM069984.pdf.                                                                    innovation specific to health care as is
                                              8. ‘‘Content of Risk Information in the Major           AGENCY: Assistant Secretary for                       provided by JLABS. Its unique service
                                                    Statement in Prescription Drug Direct-to-         Preparedness and Response, HHS.                       will directly benefit BARDA’s mission
                                                    Consumer Broadcast Advertisements;                ACTION: Notice.
                                                                                                                                                            to make available medical
                                                    Establishment of a Public Docket;                                                                       countermeasures to address health
                                                    Request for Information and Comments.’’           SUMMARY:   The Biomedical Advanced                    security threats. Supporting innovation
                                                    August 21, 2017, 82 FR 39598.                     Research and Development Authority                    is an authority provided to BARDA
                                              9. Betts, Kevin R., et al., ‘‘Serious and
                                                                                                      (BARDA), Office of the Assistant                      under the Public Health Service Act and
                                                    Actionable Risks, Plus Disclosure:
                                                    Investigating an Alternative Approach             Secretary for Preparedness and                        partnering with a company providing a
                                                    for Presenting Risk Information in                Response (ASPR), in the Department of                 diverse array of products and leveraging
                                                    Prescription Drug Television                      Health and Human Services intends to                  its expertise and infrastructure has the
                                                    Advertisements.’’ Research in Social and          provide a Single Source Cooperative                   potential to provide solutions to the
                                                    Administrative Pharmacy, 2017.                    Agreement to Janssen Research &                       challenges in developing new
                                              10. Bhutada, N.S., B.L. Rollins, and M. Perri           Development, LLC. The Cooperative                     respiratory devices.
                                                    III, ‘‘Impact of Animated Spokes-                 Agreement will support QuickFire                         Reimagined, innovative respiratory
                                                    Characters in Print Direct-to-Consumer            Challenges to spur innovation in                      protection would contribute directly to
                                                    Prescription Drug Advertising: An
                                                    Elaboration Likelihood Model
                                                                                                      respiratory protection. The total                     ASPR’s mission to save lives and protect
                                                    Approach.’’ Health Communication, vol.            proposed cost of the Single Source                    Americans against 21st Century health
                                                    32, pp. 391–400, 2017.                            Cooperative Agreement is not to exceed                security threats. Respiratory protection
                                              11. Zaichkowsky, J.L., ‘‘The Personal                   $100,000 for a total of 12 months.                    is often the first line of defense, and a
                                                    Involvement inventory: Reduction,                 DATES:                                                radically improved approach to protect
                                                    Revision, and Application to                        Project Period: The period of                       both health care workers and the general
                                                    Advertising.’’ Journal of Advertising, vol.       performance is from July 30, 2018 to                  public, including children, would truly
                                                    23, pp. 59–70, 1994.                              June 30, 2019.                                        improve our ability to respond to public
                                              12. Mackert, M., S.E. Champlin, K.E. Pasch,               Award amount: Estimate $100,000.                    health emergencies. By generating
                                                    and B.D. Weiss, ‘‘Understanding Health
                                                    Literacy Measurement Through Eye                  FOR FURTHER INFORMATION CONTACT:                      interest and focusing innovation efforts
                                                    Tracking.’’ Journal of Health                     Sherrette.Funn@hhs.gov, 202–795–7714,                 on reimagining respiratory protection,
                                                    Communication, vol. 18, pp. 185–196,              Julie.Schafer@hhs.gov, 202–205–1435.                  BARDA’s goal for the QuickFire
                                                    2013.                                             SUPPLEMENTARY INFORMATION: The                        Challenge is for the resulting innovative
                                              13. Chiang, K.P. and A. Jackson, ‘‘The Impact           Biomedical Advanced Research and                      approaches to be eligible for continued
                                                    of Health Literacy on Involvement and             Development Authority (BARDA) is the                  testing and development and eventual
                                                    Attitude Toward Pharmaceutical Print              program office for this Cooperative                   regulatory approval, so that these
                                                    Ads.’’ International Journal of                                                                         revolutionary products can be widely
                                                    Healthcare Management, vol. 9(1), pp.
                                                                                                      Agreement:
                                                                                                        Single Source Justification: Janssen                available and used.
                                                    47–57, 2016.
                                              14. An, S. and N. Muturi, ‘‘Subjective Health           Research & Development, LLC creates                      Please submit an inquiry via the
                                                    Literacy and Older Adults’ Assessment             global challenges to spur innovation in               ASPR–BARDA Program Contact: Dr.
                                                    of Direct-to Consumer Prescription Drug           health care in partnership with JLABS,                Julie Schafer, Julie.Schafer@hhs.gov,
                                                    Ads.’’ Journal of Health Communication,           a global network of open innovation                   202–205–1435.
                                                    vol. 16(3), pp. 242–255, 2011.                    ecosystems designed to support
                                              15. Ball, J.G., D. Manika, and P. Stout,                                                                      Robert P. Kadlec,
                                                                                                      innovators and entrepreneurs in
                                                    ‘‘Consumers Young and Old: Segmenting             creating and accelerating innovative                  Assistant Secretary for Preparedness and
                                                    the Target Markets for Direct-to-                                                                       Response.
                                                                                                      health care solutions.
                                                    Consumer Prescription Drug                                                                              [FR Doc. 2018–17381 Filed 8–13–18; 8:45 am]
                                                                                                        Janssen Research & Development, LLC
                                                    Advertising.’’ Health Marketing
                                                    Quarterly, vol. 28(4), pp. 337–353, 2011.         and BARDA will collaborate on a global                BILLING CODE 4150–28–P

                                              16. Christensen, T.P., F.J. Ascione, and R.P.           challenge for reimagined, transformative
                                                    Bagozzi, ‘‘Understanding How Elderly              respiratory protection. Traditional
                                                    Patients Process Drug Information: A              respiratory protective devices used to                DEPARTMENT OF HEALTH AND
                                                    Test of a Theory of Information                   protect against inhalation of harmful                 HUMAN SERVICES
                                                    Processing.’’ Pharmaceutical Research,            infectious agents were designed for use
                                                    vol. 14, pp. 1589–1596, 1997.                                                                           Meeting of the Pain Management Best
                                                                                                      in occupational settings, to guard
amozie on DSK3GDR082PROD with NOTICES1




                                              17. Mehta, A. and S.C. Purvis, ‘‘Consumer                                                                     Practices Inter-Agency Task Force
                                                                                                      against inhalation of dangerous
                                                    Response to Print Prescription Drug
                                                                                                      particulates. Disposable versions, such               AGENCY:  Office of the Assistant
                                                    Advertising.’’ Journal of Advertising
                                                    Research, vol. 43(2), pp. 194–206, 2003.          as N95 respirators, are only available for            Secretary for Health, Office of the
                                              18. Paulhus, D.L. and S. Vazire, ‘‘The Self-            adults, must be fit-tested to ensure                  Secretary, Department of Health and
                                                    Report Method.’’ Handbook of Research             proper functioning, and can be                        Human Services.
                                                    Methods in Personality Psychology, vol.           uncomfortable to wear. In an outbreak of
                                                                                                                                                            ACTION: Notice.
                                                    1, pp. 224–239, 2007.                             a novel or newly emerging respiratory


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Document Created: 2018-08-14 02:19:47
Document Modified: 2018-08-14 02:19:47
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice.
DatesFax written comments on the collection of information by September 13, 2018.
ContactIla S. Mizrachi, FDA PRA Staff, Office of Operations, Food and Drug Administration, Three White Flint North, 10A-12M, 11601 Landsdown St., North Bethesda, MD 20852, 301-796-7726, [email protected]
FR Citation83 FR 40295 

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