83_FR_52673 83 FR 52472 - Agency Information Collection Activities; Proposed Collection; Comment Request; Disease Awareness and Prescription Drug Promotion on Television

83 FR 52472 - Agency Information Collection Activities; Proposed Collection; Comment Request; Disease Awareness and Prescription Drug Promotion on Television

DEPARTMENT OF HEALTH AND HUMAN SERVICES
Food and Drug Administration

Federal Register Volume 83, Issue 201 (October 17, 2018)

Page Range52472-52477
FR Document2018-22567

The Food and Drug Administration (FDA or Agency) is announcing an opportunity for public comment on the proposed collection of certain information by the Agency. Under the Paperwork Reduction Act of 1995 (the PRA), Federal Agencies are required to publish notice in the Federal Register concerning each proposed collection of information and to allow 60 days for public comment in response to the notice. This notice solicits comments on research entitled, ``Disease Awareness and Prescription Drug Promotion on Television.''

Federal Register, Volume 83 Issue 201 (Wednesday, October 17, 2018)
[Federal Register Volume 83, Number 201 (Wednesday, October 17, 2018)]
[Notices]
[Pages 52472-52477]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-22567]


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

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2018-N-3516]


Agency Information Collection Activities; Proposed Collection; 
Comment Request; Disease Awareness and Prescription Drug Promotion on 
Television

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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

SUMMARY: The Food and Drug Administration (FDA or Agency) is announcing 
an opportunity for public comment on the proposed collection of certain 
information by the Agency. Under the Paperwork Reduction Act of 1995 
(the PRA), Federal Agencies are required to publish notice in the 
Federal Register concerning each proposed collection of information and 
to allow 60 days for public comment in response to the notice. This 
notice solicits comments on research entitled, ``Disease Awareness and 
Prescription Drug Promotion on Television.''

DATES: Submit either electronic or written comments on the collection 
of information by December 17, 2018.

ADDRESSES: You may submit comments as follows. Please note that late, 
untimely filed comments will not be considered. Electronic comments 
must be submitted on or before December 17, 2018. The https://www.regulations.gov electronic filing system will accept comments until 
midnight Eastern Time at the end of December 17, 2018. Comments 
received by mail/hand delivery/courier (for written/paper submissions) 
will be considered timely if they are postmarked or the delivery 
service acceptance receipt is on or before that date.

Electronic Submissions

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

[[Page 52473]]

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

Written/Paper Submissions

    Submit written/paper submissions as follows:
     Mail/Hand delivery/Courier (for written/paper 
submissions): Dockets Management Staff (HFA-305), Food and Drug 
Administration, 5630 Fishers Lane, Rm. 1061, Rockville, MD 20852.
     For written/paper comments submitted to the Dockets 
Management Staff, FDA will post your comment, as well as any 
attachments, except for information submitted, marked and identified, 
as confidential, if submitted as detailed in ``Instructions.''
    Instructions: All submissions received must include the Docket No. 
FDA-2018-N-3516 for ``Disease Awareness and Prescription Drug Promotion 
on Television.'' Received comments, those filed in a timely manner (see 
ADDRESSES), will be placed in the docket and, except for those 
submitted as ``Confidential Submissions,'' publicly viewable at https://www.regulations.gov or at the Dockets Management Staff between 9 a.m. 
and 4 p.m., Monday through Friday.
     Confidential Submissions--To submit a comment with 
confidential information that you do not wish to be made publicly 
available, submit your comments only as a written/paper submission. You 
should submit two copies total. One copy will include the information 
you claim to be confidential with a heading or cover note that states 
``THIS DOCUMENT CONTAINS CONFIDENTIAL INFORMATION.'' The Agency will 
review this copy, including the claimed confidential information, in 
its consideration of comments. The second copy, which will have the 
claimed confidential information redacted/blacked out, will be 
available for public viewing and posted on https://www.regulations.gov. 
Submit both copies to the Dockets Management Staff. If you do not wish 
your name and contact information to be made publicly available, you 
can provide this information on the cover sheet and not in the body of 
your comments and you must identify this information as 
``confidential.'' Any information marked as ``confidential'' will not 
be disclosed except in accordance with 21 CFR 10.20 and other 
applicable disclosure law. For more information about FDA's posting of 
comments to public dockets, see 80 FR 56469, September 18, 2015, or 
access the information at: https://www.thefederalregister.org/fdsys/pkg/FR-2015-09-18/pdf/2015-23389.pdf.
    Docket: For access to the docket to read background documents or 
the electronic and written/paper comments received, go to https://www.regulations.gov and insert the docket number, found in brackets in 
the heading of this document, into the ``Search'' box and follow the 
prompts and/or go to the Dockets Management Staff, 5630 Fishers Lane, 
Rm. 1061, Rockville, MD 20852.

FOR FURTHER INFORMATION CONTACT: Ila S. Mizrachi, Office of Operations, 
Food and Drug Administration, Three White Flint North, 10:00 a.m.-12:00 
p.m., 11601 Landsdown St., North Bethesda, MD 20852, 301-796-7726, 
[email protected]. For copies of the questionnaire contact: Office 
of Prescription Drug Promotion (OPDP) Research Team, 
[email protected].

SUPPLEMENTARY INFORMATION: Under the PRA (44 U.S.C. 3501-3520), Federal 
Agencies must obtain approval from the Office of Management and Budget 
(OMB) for each collection of information they conduct or sponsor. 
``Collection of information'' is defined in 44 U.S.C. 3502(3) and 5 CFR 
1320.3(c) and includes Agency requests or requirements that members of 
the public submit reports, keep records, or provide information to a 
third party. Section 3506(c)(2)(A) of the PRA (44 U.S.C. 3506(c)(2)(A)) 
requires Federal Agencies to provide a 60-day notice in the Federal 
Register concerning each proposed collection of information before 
submitting the collection to OMB for approval. To comply with this 
requirement, FDA is publishing notice of the proposed collection of 
information set forth in this document.
    With respect to the following collection of information, FDA 
invites comments on these topics: (1) Whether the proposed collection 
of information is necessary for the proper performance of FDA's 
functions, including whether the information will have practical 
utility; (2) the accuracy of FDA's estimate of the burden of the 
proposed collection of information, including the validity of the 
methodology and assumptions used; (3) ways to enhance the quality, 
utility, and clarity of the information to be collected; and (4) ways 
to minimize the burden of the collection of information on respondents, 
including through the use of automated collection techniques, when 
appropriate, and other forms of information technology.

Disease Awareness and Prescription Drug Promotion on Television (OMB 
Control Number 0910--NEW)

    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 (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.
    The FDA's Center for Drug Evaluation and Research (CDER), Office of 
Prescription Drug Promotion (OPDP) is responsible for ensuring that 
prescription drug promotional materials are truthful, balanced, and 
accurately communicated. This project is being proposed as part of the 
research program of OPDP. 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. This 
study falls under the topic of both target populations and advertising 
features.
    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

[[Page 52474]]

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 Federal Register notices and 
peer-reviewed publications produced by our office. The website 
maintains information on studies we have conducted, dating back to a 
DTC survey conducted in 1999.
    The present research concerns disease awareness and prescription 
drug promotion communications on television. When pharmaceutical 
companies market a new drug, they often also release disease awareness 
communications about the medical condition the new drug is intended to 
treat (Ref. 1; Ref. 2). FDA is interested in whether and to what extent 
this practice may result in consumers confusing or otherwise 
misinterpreting the different information and claims presented in 
disease awareness communications and prescription drug promotion. Prior 
research has documented that in both print (Ref. 3) and online (Ref. 4) 
contexts, consumers tend to conflate the information presented in 
prescription drug promotional materials with information presented in 
disease awareness communications. Specifically, the results of these 
studies suggest consumers incorrectly ascribe benefits to a 
prescription drug as a result of being exposed to information in a 
disease awareness communication that broadly describes the symptoms and 
negative consequences of the disease. There are ways in which this 
effect can be attenuated. For example, prior research has indicated 
that greater visual distinctiveness between the two ad types can 
ameliorate such confusion (Ref. 3). The present research seeks to 
extend previous studies of print and online promotion to the context of 
television promotion, and broadly examine how perceptual similarity 
between the two communication types, as well as their temporal 
proximity and exposure frequency, may impact the nature and extent of 
viewer confusion.
    Fors Marsh Group (FMG) is conducting this research under the 
guidance and supervision of FDA to determine how the similarity, 
temporal positioning, and frequency of exposure to disease awareness 
communications and prescription drug television promotion impact 
consumer perception and understanding of the benefits and risks of a 
prescription drug product. These objectives will be achieved using two 
experimental studies. The first study will explore the impact on 
consumer perception and comprehension of different levels of temporal 
separation between the disease awareness communication and prescription 
drug promotion within a single period of television programming, as 
well as the level of similarity versus distinctiveness between these 
communication types. Temporal separation is defined as the spacing or 
proximity between the disease awareness communication and prescription 
drug promotion in the hour-long programming, for example, if they are 
shown back-to-back or if they are separated by other ads or television 
programming. Similarity/distinctiveness is defined by variations 
between the disease awareness communication and prescription drug 
promotion, including visual and presentation elements such as the 
setting, actors, and colors. The second study will experimentally 
examine the impact of disease awareness communication temporal 
separation and exposure frequency on consumer perception and 
comprehension. Temporal separation in this second study again refers to 
the spacing or proximity between the disease awareness communication 
and prescription drug promotion but is operationally defined as either 
one day or one week. Exposure frequency is defined as the number of 
times that participants will view the disease awareness communication, 
either one, three, or six times. The results of this latter study will 
examine the practice of ``seeding the market,'' in which pharmaceutical 
companies release disease awareness communications before releasing 
product promotion communications. Similarity versus distinctiveness 
will also be examined in this study.
    We propose the following hypotheses for this research:
    Study 1:
    H1: Increased perceptual similarity between a disease awareness 
communication and a prescription drug promotion will result in 
significantly more conflation of the information presented in both 
pieces.
    H2: Increased temporal proximity between a disease awareness 
communication and a prescription drug promotion will result in 
significantly more conflation of the information presented in both 
pieces.
    Study 2:
    H1: Increased frequency of exposure to a disease awareness 
communication before exposure to a prescription drug promotion will 
result in significantly more conflation of the information presented in 
both pieces.
    H2: Increased temporal proximity between a disease awareness 
communication and a prescription drug promotion will result in 
significantly more conflation of the information presented in both 
pieces.
    H3: Increased perceptual similarity between a disease awareness 
communication and a prescription drug promotion will result in 
significantly more conflation of the information presented in both 
pieces.
    In each instance, conflation is operationalized as the extent to 
which an individual remembers and attributes benefits to a product that 
is based on information presented in a disease awareness communication 
and not in the drug promotion.
    To address these hypotheses, Study 1 will employ a 3x4 factorial 
design in which participants are randomly assigned to one disease 
awareness communication condition, plus one control condition where 
participants will not view a disease awareness communication. The 
extent to which the disease awareness communication is perceptually 
similar to the product promotion communication will vary, as will the 
temporal separation of the disease awareness communication and product 
promotion communication. Table 1 depicts our design visually.

                                                          Table 1--Study 1 Experimental Design
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                 Disease awareness and product ad temporal separation
                                      Perceptual similarity --------------------------------------------------------------------------------------------
        Disease awareness ad              to product ad                                   Within same           In neighboring       In non-neighboring
                                                                  Back to back         commercial pod \1\      commercial pods        commercial pods
--------------------------------------------------------------------------------------------------------------------------------------------------------
Yes................................  Similar...............
                                     Semi-similar..........
                                     Distinct..............

[[Page 52475]]

 
No.................................  N/A...................
--------------------------------------------------------------------------------------------------------------------------------------------------------

                                     [GRAPHIC] [TIFF OMITTED] TN17OC18.023
                                     
    Study 2 will employ a 2x2x3 factorial design in which participants 
are randomly assigned to one disease awareness communication condition. 
The varying factors in Study 2 are the temporal separation between the 
disease awareness and product promotion communication, the number of 
exposures to the disease awareness communication, and the perceptual 
similarity of the disease awareness communication to the product 
promotion communication. Table 3 visually depicts our design. Of note, 
to reduce the overall number of experimental conditions for Study 2, no 
semi-similar experimental condition is used.
---------------------------------------------------------------------------

    \1\ A commercial pod refers to a group of ads into which the 
test ad is inserted, designed to simulate an advertising break 
during a television program. As depicted in Table 2, by neighboring 
commercial pods, we mean commercial pods separated only by 
television programming and no other commercial pods. By non-
neighboring commercial pods, we mean commercial pods separated by 
both television programming and one or more (one, as studied here) 
other commercial pods.

                                      Table 3--Study 2 Experimental Design
----------------------------------------------------------------------------------------------------------------
                                                                   Exposures to disease awareness ad
   Time delay until product ad        Perceptual     -----------------------------------------------------------
 exposure (temporal separation)    similarity of ads     One exposure       Three exposures      Six exposures
----------------------------------------------------------------------------------------------------------------
One Day.........................  Similar...........
                                  Distinct..........
One Week........................  Similar...........
                                  Distinct..........
----------------------------------------------------------------------------------------------------------------

                                  [GRAPHIC] [TIFF OMITTED] TN17OC18.024
                                  
    Study 1 and 2 Sample. The targeted voluntary sample for both 
studies will comprise adults who self-report a current asthma 
diagnosis, a lifetime incidence of asthma, or experience a large number 
of asthma symptoms. These groups are believed to be very likely to be 
targeted by disease awareness and product promotion

[[Page 52476]]

communications for asthma. The combined incidence rate of these groups 
is 22.2% (Ref. 5; Ref. 6). In addition, several exclusion criteria are 
specified. These include: (1) Training or employment as a healthcare 
professional, (2) employment with a pharmaceutical company, an 
advertising agency, a market research company, or the Department of 
Health and Human Services (HHS), and (3) participation in market 
research within the past three months on the topic of prescription 
drugs. Pretest participants will also be ineligible for the main study.
    Pretesting. Pretesting will take place before the main studies to 
evaluate the procedures used in the main studies. Each of the two 
pretests will have the same design as its respective main study 
(pretest 1 for Study 1 and pretest 2 for Study 2). The purpose of both 
pretests will be to: (1) Ensure that the mock stimuli are 
understandable, viewable, and delivering intended messages; (2) 
identify and eliminate any challenges to embedding the mock stimuli 
within the online survey; (3) ensure that survey questions are 
appropriate and meet the analytical goals of the research; and (4) 
pilot test the methods, including examining response rates and timing 
of survey. The two pretests will be conducted simultaneously.\2\ Based 
on pretest findings, we will refine the mock stimuli, survey questions, 
and data collection process, as necessary, to optimize the full-scale 
study conditions.
---------------------------------------------------------------------------

    \2\ Pretesting will be preceded by cognitive interviewing, not 
described here. Cognitive interviews are used to probe a small 
sample of participants on how and why they responded to various 
questions as they did, resulting in strong measurement instruments.
---------------------------------------------------------------------------

    Measurement. Our planned analyses are designed to address the key 
hypotheses. For both Study 1 and Study 2, we anticipate that the 
primary analysis will be analysis of variance (ANOVA) to compare the 
main and interaction effects of the experimental factors.
    The focal dependent variable will be conflation--a measure of 
memory and perceptions regarding the promoted drug relative to the 
information presented in the disease awareness communication. 
Conflation will be measured by using the number of benefits that are 
incorrectly attributed to the prescription drug product based on 
responses to a number of both open-ended and closed-ended items.
    Other key dependent variables will reflect perceptions and 
attitudes toward the product ad. These include measures of:
    1. Perception of product promotion effectiveness;
    2. Behavioral intentions toward the drug;
    3. Perceived efficacy of the drug; and
    4. Perceived risks of the drug.
    In addition to the primary variables of interest, we have also 
identified potential covariates that will be included in the analyses:
    1. Knowledge about asthma;
    2. Health literacy; and
    3. Perceived ad effectiveness.
    We expect that knowledge about asthma and increased health literacy 
may moderate any conflation that results from ad similarity, temporal 
proximity, and frequency of exposure. Perceptions of promotion 
effectiveness, on the other hand, can be examined both as an outcome/
dependent variable but also as a covariate that examines involvement 
with the product promotion. Greater involvement may attenuate 
conflation in that it directs more in-depth processing of both the 
disease awareness communication and product promotion, and therefore 
more correct understanding of the claims in each (Ref. 7; Ref. 8; Ref. 
9).
    FDA estimates the burden of this collection of information as 
follows:

                                 Table 5--Estimated Annual Reporting Burden \1\
----------------------------------------------------------------------------------------------------------------
                                                     Number of
            Activity                 Number of     responses per   Total annual   Average burden    Total hours
                                    respondents     respondent       responses     per response
----------------------------------------------------------------------------------------------------------------
Study 1 Pretest screener........             385               1             385  0.08 (~5 min.)              31
Study 2 Pretest screener........             329               1             329  0.08 (~5 min.)              26
Study 1 screener................           3,007               1           3,007  0.08 (~5 min.)             241
Study 2 screener................           2,643               1           2,643  0.08 (~5 min.)             211
Study 1 Pretest.................             270               1             270  1.33 (~1 hr 20             360
                                                                                           min.)
Study 2 Pretest.................             158               1             158       0.53 (~32              84
                                                                                           min.)
Study 1.........................           2,105               1           2,105  1.33 (~1 hr 20           2,800
                                                                                           min.)
Study 2.........................           1,269               1           1,269  0.53 (32 min.)             673
                                 -------------------------------------------------------------------------------
    Total.......................  ..............  ..............  ..............  ..............           4,426
----------------------------------------------------------------------------------------------------------------
\1\ There are no capital costs or operating and maintenance costs associated with this collection of
  information.

References

    The following references are on display in the Dockets Management 
Staff (see ADDRESSES) and are available for viewing by interested 
persons between 9 a.m. and 4 p.m., Monday through Friday; they are also 
available electronically at 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. https://www.fiercepharma.com/marketing/unbranded-pharma-ad-what-are-they-good-for-actually-quite-a-bit-marketer-panelists-say?mkt_tok=eyJpIjoiWkRnelpUSmlORFpoWkdNMSIsInQiOiJPaENIUERpT0tnUmt6Y1BPMk9LTnpreUI3bUtPOVRzRnh1RzNuWUtYQmp0cWJhcW05UFhlcllwTzI3V0RJSndjVkZLR3NGUHBLamJOZmJSK2FZeWtIVXczeFRFcmtEV0NFaVdCSjArUmx4dUlRVHZpUzFFOWlVY0dNb1RzOU9XayJ9&mrkid=20932234.
2. https://www.fiercepharma.com/marketing/avanir-launches-nuedexta-brand-campaign-retires-danny-glover-pba-disease-awareness-ad.
3. Aikin, K. J., Sullivan, H. W., & Betts, K. R. (2016). Disease 
information in direct-to-consumer prescription drug print ads. 
Journal of Health Communication, 21, 228-239.
4. Sullivan, H. W., O'Donoghue, A. C., Rupert, D. J., Willoughby, J. 
F., Amoozegar, J. B., & Aikin, K. J. (2016). Are disease awareness 
links on prescription drug websites misleading?

[[Page 52477]]

A randomized study. Journal of Health Communication, 21, 1198-1207.
5. Centers for Disease Control and Prevention. (2018a, May 18). 2016 
National Health Interview Survey (NHIS) data. Retrieved from https://www.cdc.gov/asthma/nhis/2016/table2-1.htm.
6. Centers for Disease Control and Prevention. (2018b, May 15). Most 
recent asthma data. Retrieved from https://www.cdc.gov/asthma/most_recent_data.htm.
7. Petty, R. E., & Cacioppo, J. T. (1979). Issue involvement can 
increase or decrease persuasion by enhancing message-relevant 
cognitive responses. Journal of Personality and Social Psychology, 
37, 1915-1926. doi: 10.1037/0022-3514.37.10.1915.
8. Petty, R. E., & Cacioppo, J. T. (1986). The elaboration 
likelihood model of persuasion. Advances in Experimental Social 
Psychology, 19, 123-205. doi: 10.1016/S0065-2601(08)60214-2.
9. Petty, R. E., Cacioppo, J. T., & Goldman, R. (1981). Personal 
involvement as a determinant of argument-based persuasion. Journal 
of Personality and Social Psychology, 41, 847-855. doi: 10.1037/
0022-3514.41.5.847.

    Dated: October 11, 2018.
Leslie Kux,
Associate Commissioner for Policy.
[FR Doc. 2018-22567 Filed 10-16-18; 8:45 am]
 BILLING CODE 4164-01-P



                                               52472                     Federal Register / Vol. 83, No. 201 / Wednesday, October 17, 2018 / Notices

                                                  A regulatory review period consists of               which was 30 days after FDA receipt of                DEPARTMENT OF HEALTH AND
                                               two periods of time: A testing phase and                the IND.                                              HUMAN SERVICES
                                               an approval phase. For human                              2. The date the application was
                                               biological products, the testing phase                                                                        Food and Drug Administration
                                                                                                       initially submitted with respect to the
                                               begins when the exemption to permit                                                                           [Docket No. FDA–2018–N–3516]
                                                                                                       human biological product under section
                                               the clinical investigations of the
                                                                                                       351 of the Public Health Service Act (42
                                               biological product becomes effective                                                                          Agency Information Collection
                                               and runs until the approval phase                       U.S.C. 262): November 16, 2016. FDA
                                                                                                                                                             Activities; Proposed Collection;
                                               begins. The approval phase starts with                  has verified the applicant’s claim that
                                                                                                                                                             Comment Request; Disease
                                               the initial submission of an application                the biologics license application (BLA)
                                                                                                                                                             Awareness and Prescription Drug
                                               to market the human biological product                  for TREMFYA (BLA 761061) was                          Promotion on Television
                                               and continues until FDA grants                          initially submitted on November 16,
                                               permission to market the biological                     2016.                                                 AGENCY:    Food and Drug Administration,
                                               product. Although only a portion of a                     3. The date the application was                     HHS.
                                               regulatory review period may count                      approved: July 13, 2017. FDA has                      ACTION:   Notice.
                                               toward the actual amount of extension                   verified the applicant’s claim that BLA               SUMMARY:    The Food and Drug
                                               that the Director of USPTO may award                    761061 was approved on July 13, 2017.                 Administration (FDA or Agency) is
                                               (for example, half the testing phase must
                                                                                                         This determination of the regulatory                announcing an opportunity for public
                                               be subtracted as well as any time that
                                                                                                       review period establishes the maximum                 comment on the proposed collection of
                                               may have occurred before the patent
                                                                                                       potential length of a patent extension.               certain information by the Agency.
                                               was issued), FDA’s determination of the
                                                                                                       However, the USPTO applies several                    Under the Paperwork Reduction Act of
                                               length of a regulatory review period for
                                                                                                       statutory limitations in its calculations             1995 (the PRA), Federal Agencies are
                                               a human biological product will include
                                                                                                       of the actual period for patent extension.            required to publish notice in the
                                               all of the testing phase and approval
                                                                                                       In its applications for patent extension,             Federal Register concerning each
                                               phase as specified in 35 U.S.C.
                                                                                                       this applicant seeks 1,252 days or 1,203              proposed collection of information and
                                               156(g)(1)(B).
                                                  FDA has approved for marketing the                   days of patent term extension.                        to allow 60 days for public comment in
                                               human biologic product TREMFYA                                                                                response to the notice. This notice
                                               (guselkumab). TREMFYA is indicated                      III. Petitions                                        solicits comments on research entitled,
                                               for the treatment of adult patients with                                                                      ‘‘Disease Awareness and Prescription
                                                                                                          Anyone with knowledge that any of                  Drug Promotion on Television.’’
                                               moderate-to-severe plaque psoriasis                     the dates as published are incorrect may
                                               who are candidates for systemic therapy                                                                       DATES: Submit either electronic or
                                                                                                       submit either electronic or written                   written comments on the collection of
                                               or phototherapy. Subsequent to this                     comments and, under 21 CFR 60.24, ask
                                               approval, the USPTO received patent                                                                           information by December 17, 2018.
                                                                                                       for a redetermination (see DATES).                    ADDRESSES: You may submit comments
                                               term restoration applications for
                                                                                                       Furthermore, as specified in § 60.30 (21              as follows. Please note that late,
                                               TREMFYA (U.S. Patent Nos.7,935,344
                                               and 7,993,645) from Janssen Biotech,                    CFR 60.30), any interested person may                 untimely filed comments will not be
                                               Inc., and the USPTO requested FDA’s                     petition FDA for a determination                      considered. Electronic comments must
                                               assistance in determining the patents’                  regarding whether the applicant for                   be submitted on or before December 17,
                                               eligibility for patent term restoration. In             extension acted with due diligence                    2018. The https://www.regulations.gov
                                               a letter dated January 9, 2018, FDA                     during the regulatory review period. To               electronic filing system will accept
                                               advised the USPTO that this human                       meet its burden, the petition must                    comments until midnight Eastern Time
                                               biological product had undergone a                      comply with all the requirements of                   at the end of December 17, 2018.
                                               regulatory review period and that the                   § 60.30, including but not limited to:                Comments received by mail/hand
                                               approval of TREMFYA represented the                     Must be timely (see DATES), must be                   delivery/courier (for written/paper
                                               first permitted commercial marketing or                 filed in accordance with § 10.20, must                submissions) will be considered timely
                                               use of the product. Thereafter, the                     contain sufficient facts to merit an FDA              if they are postmarked or the delivery
                                               USPTO requested that FDA determine                      investigation, and must certify that a                service acceptance receipt is on or
                                               the product’s regulatory review period.                 true and complete copy of the petition                before that date.
                                               II. Determination of Regulatory Review                  has been served upon the patent                       Electronic Submissions
                                               Period                                                  applicant. (See H. Rept. 857, part 1, 98th
                                                                                                       Cong., 2d sess., pp. 41–42, 1984.)                      Submit electronic comments in the
                                                  FDA has determined that the                          Petitions should be in the format                     following way:
                                               applicable regulatory review period for                 specified in 21 CFR 10.30.                              • Federal eRulemaking Portal:
                                               TREMFYA is 2,968 days. Of this time,                                                                          https://www.regulations.gov. Follow the
                                               2,728 days occurred during the testing                     Submit petitions electronically to                 instructions for submitting comments.
                                               phase of the regulatory review period,                  https://www.regulations.gov at Docket                 Comments submitted electronically,
                                               while 240 days occurred during the                      No. FDA–2013–S–0610. Submit written                   including attachments, to https://
                                               approval phase. These periods of time                   petitions (two copies are required) to the            www.regulations.gov will be posted to
                                               were derived from the following dates:                  Dockets Management Staff (HFA–305),                   the docket unchanged. Because your
                                                  1. The date an exemption under                       Food and Drug Administration, 5630                    comment will be made public, you are
                                               section 505(i) of the Federal Food, Drug,               Fishers Lane, Rm. 1061, Rockville, MD                 solely responsible for ensuring that your
daltland on DSKBBV9HB2PROD with NOTICES




                                               and Cosmetic Act (21 U.S.C. 355(i))                     20852.                                                comment does not include any
                                               became effective: May 30, 2009. The                       Dated: October 11, 2018.                            confidential information that you or a
                                               applicant claims April 30, 2009, as the                                                                       third party may not wish to be posted,
                                                                                                       Leslie Kux,
                                               date the investigational new drug                                                                             such as medical information, your or
                                               application (IND) became effective.                     Associate Commissioner for Policy.                    anyone else’s Social Security number, or
                                               However, FDA records indicate that the                  [FR Doc. 2018–22571 Filed 10–16–18; 8:45 am]          confidential business information, such
                                               IND effective date was May 30, 2009,                    BILLING CODE 4164–01–P                                as a manufacturing process. Please note


                                          VerDate Sep<11>2014   19:46 Oct 16, 2018   Jkt 247001   PO 00000   Frm 00097   Fmt 4703   Sfmt 4703   E:\FR\FM\17OCN1.SGM   17OCN1


                                                                         Federal Register / Vol. 83, No. 201 / Wednesday, October 17, 2018 / Notices                                           52473

                                               that if you include your name, contact                  except in accordance with 21 CFR 10.20                respondents, including through the use
                                               information, or other information that                  and other applicable disclosure law. For              of automated collection techniques,
                                               identifies you in the body of your                      more information about FDA’s posting                  when appropriate, and other forms of
                                               comments, that information will be                      of comments to public dockets, see 80                 information technology.
                                               posted on https://www.regulations.gov.                  FR 56469, September 18, 2015, or access
                                                 • If you want to submit a comment                                                                           Disease Awareness and Prescription
                                                                                                       the information at: https://www.gpo.gov/
                                               with confidential information that you                                                                        Drug Promotion on Television (OMB
                                                                                                       fdsys/pkg/FR-2015-09-18/pdf/2015-
                                               do not wish to be made available to the                                                                       Control Number 0910—NEW)
                                                                                                       23389.pdf.
                                               public, submit the comment as a                            Docket: For access to the docket to                  Section 1701(a)(4) of the Public
                                               written/paper submission and in the                     read background documents or the                      Health Service Act (42 U.S.C.
                                               manner detailed (see ‘‘Written/Paper                    electronic and written/paper comments                 300u(a)(4)) authorizes FDA to conduct
                                               Submissions’’ and ‘‘Instructions’’).                    received, go to https://                              research relating to health information.
                                                                                                       www.regulations.gov and insert the                    Section 1003(d)(2)(C) of the Federal
                                               Written/Paper Submissions                                                                                     Food, Drug, and Cosmetic Act (FD&C
                                                                                                       docket number, found in brackets in the
                                                  Submit written/paper submissions as                  heading of this document, into the                    Act) (21 U.S.C. 393(d)(2)(C)) authorizes
                                               follows:                                                ‘‘Search’’ box and follow the prompts                 FDA to conduct research relating to
                                                  • Mail/Hand delivery/Courier (for                    and/or go to the Dockets Management                   drugs and other FDA regulated products
                                               written/paper submissions): Dockets                     Staff, 5630 Fishers Lane, Rm. 1061,                   in carrying out the provisions of the
                                               Management Staff (HFA–305), Food and                    Rockville, MD 20852.                                  FD&C Act.
                                               Drug Administration, 5630 Fishers                                                                               The FDA’s Center for Drug Evaluation
                                                                                                       FOR FURTHER INFORMATION CONTACT: Ila
                                               Lane, Rm. 1061, Rockville, MD 20852.                                                                          and Research (CDER), Office of
                                                  • For written/paper comments                         S. Mizrachi, Office of Operations, Food
                                                                                                       and Drug Administration, Three White                  Prescription Drug Promotion (OPDP) is
                                               submitted to the Dockets Management                                                                           responsible for ensuring that
                                               Staff, FDA will post your comment, as                   Flint North, 10:00 a.m.–12:00 p.m.,
                                                                                                       11601 Landsdown St., North Bethesda,                  prescription drug promotional materials
                                               well as any attachments, except for                                                                           are truthful, balanced, and accurately
                                               information submitted, marked and                       MD 20852, 301–796–7726, PRAStaff@
                                                                                                                                                             communicated. This project is being
                                               identified, as confidential, if submitted               fda.hhs.gov. For copies of the
                                                                                                                                                             proposed as part of the research
                                               as detailed in ‘‘Instructions.’’                        questionnaire contact: Office of
                                                                                                                                                             program of OPDP. OPDP’s research
                                                  Instructions: All submissions received               Prescription Drug Promotion (OPDP)
                                                                                                                                                             program supports this mission by
                                               must include the Docket No. FDA–                        Research Team, DTCresearch@
                                                                                                                                                             providing scientific evidence to help
                                               2018–N–3516 for ‘‘Disease Awareness                     fda.hhs.gov.
                                                                                                                                                             ensure that our policies related to
                                               and Prescription Drug Promotion on                      SUPPLEMENTARY INFORMATION: Under the                  prescription drug promotion will have
                                               Television.’’ Received comments, those                  PRA (44 U.S.C. 3501–3520), Federal                    the greatest benefit to public health.
                                               filed in a timely manner (see                           Agencies must obtain approval from the                Toward that end, we have consistently
                                               ADDRESSES), will be placed in the docket                Office of Management and Budget                       conducted research to evaluate the
                                               and, except for those submitted as                      (OMB) for each collection of                          aspects of prescription drug promotion
                                               ‘‘Confidential Submissions,’’ publicly                  information they conduct or sponsor.                  that we believe are most central to our
                                               viewable at https://www.regulations.gov                 ‘‘Collection of information’’ is defined              mission, focusing in particular on three
                                               or at the Dockets Management Staff                      in 44 U.S.C. 3502(3) and 5 CFR                        main topic areas: Advertising features,
                                               between 9 a.m. and 4 p.m., Monday                       1320.3(c) and includes Agency requests                including content and format; target
                                               through Friday.                                         or requirements that members of the                   populations; and research quality.
                                                  • Confidential Submissions—To                        public submit reports, keep records, or               Through the evaluation of advertising
                                               submit a comment with confidential                      provide information to a third party.                 features we assess how elements such as
                                               information that you do not wish to be                  Section 3506(c)(2)(A) of the PRA (44                  graphics, format, and disease and
                                               made publicly available, submit your                    U.S.C. 3506(c)(2)(A)) requires Federal                product characteristics impact the
                                               comments only as a written/paper                        Agencies to provide a 60-day notice in                communication and understanding of
                                               submission. You should submit two                       the Federal Register concerning each                  prescription drug risks and benefits;
                                               copies total. One copy will include the                 proposed collection of information                    focusing on target populations allows us
                                               information you claim to be confidential                before submitting the collection to OMB               to evaluate how understanding of
                                               with a heading or cover note that states                for approval. To comply with this                     prescription drug risks and benefits may
                                               ‘‘THIS DOCUMENT CONTAINS                                requirement, FDA is publishing notice                 vary as a function of audience; and our
                                               CONFIDENTIAL INFORMATION.’’ The                         of the proposed collection of                         focus on research quality aims at
                                               Agency will review this copy, including                 information set forth in this document.               maximizing the quality of research data
                                               the claimed confidential information, in                   With respect to the following                      through analytical methodology
                                               its consideration of comments. The                      collection of information, FDA invites                development and investigation of
                                               second copy, which will have the                        comments on these topics: (1) Whether                 sampling and response issues. This
                                               claimed confidential information                        the proposed collection of information                study falls under the topic of both target
                                               redacted/blacked out, will be available                 is necessary for the proper performance               populations and advertising features.
                                               for public viewing and posted on                        of FDA’s functions, including whether                   Because we recognize the strength of
                                               https://www.regulations.gov. Submit                     the information will have practical                   data and the confidence in the robust
                                               both copies to the Dockets Management                   utility; (2) the accuracy of FDA’s                    nature of the findings is improved
                                               Staff. If you do not wish your name and                 estimate of the burden of the proposed                through the results of multiple
daltland on DSKBBV9HB2PROD with NOTICES




                                               contact information to be made publicly                 collection of information, including the              converging studies, we continue to
                                               available, you can provide this                         validity of the methodology and                       develop evidence to inform our
                                               information on the cover sheet and not                  assumptions used; (3) ways to enhance                 thinking. We evaluate the results from
                                               in the body of your comments and you                    the quality, utility, and clarity of the              our studies within the broader context
                                               must identify this information as                       information to be collected; and (4)                  of research and findings from other
                                               ‘‘confidential.’’ Any information marked                ways to minimize the burden of the                    sources, and this larger body of
                                               as ‘‘confidential’’ will not be disclosed               collection of information on                          knowledge collectively informs our


                                          VerDate Sep<11>2014   19:46 Oct 16, 2018   Jkt 247001   PO 00000   Frm 00098   Fmt 4703   Sfmt 4703   E:\FR\FM\17OCN1.SGM   17OCN1


                                               52474                               Federal Register / Vol. 83, No. 201 / Wednesday, October 17, 2018 / Notices

                                               policies as well as our research program.                         Fors Marsh Group (FMG) is                         distinctiveness will also be examined in
                                               Our research is documented on our                              conducting this research under the                   this study.
                                               homepage, which can be found at:                               guidance and supervision of FDA to                     We propose the following hypotheses
                                               https://www.fda.gov/aboutfda/                                  determine how the similarity, temporal               for this research:
                                               centersoffices/officeofmedicalproducts                         positioning, and frequency of exposure                 Study 1:
                                               andtobacco/cder/ucm090276.htm. The                             to disease awareness communications                    H1: Increased perceptual similarity
                                               website includes links to the latest                           and prescription drug television                     between a disease awareness
                                               Federal Register notices and peer-                             promotion impact consumer perception                 communication and a prescription drug
                                               reviewed publications produced by our                          and understanding of the benefits and                promotion will result in significantly
                                               office. The website maintains                                  risks of a prescription drug product.                more conflation of the information
                                               information on studies we have                                 These objectives will be achieved using              presented in both pieces.
                                               conducted, dating back to a DTC survey                         two experimental studies. The first                    H2: Increased temporal proximity
                                               conducted in 1999.                                             study will explore the impact on                     between a disease awareness
                                                                                                              consumer perception and                              communication and a prescription drug
                                                  The present research concerns disease                                                                            promotion will result in significantly
                                               awareness and prescription drug                                comprehension of different levels of
                                                                                                              temporal separation between the disease              more conflation of the information
                                               promotion communications on                                                                                         presented in both pieces.
                                               television. When pharmaceutical                                awareness communication and
                                                                                                              prescription drug promotion within a                   Study 2:
                                               companies market a new drug, they                                                                                     H1: Increased frequency of exposure
                                               often also release disease awareness                           single period of television programming,
                                                                                                              as well as the level of similarity versus            to a disease awareness communication
                                               communications about the medical                                                                                    before exposure to a prescription drug
                                               condition the new drug is intended to                          distinctiveness between these
                                                                                                              communication types. Temporal                        promotion will result in significantly
                                               treat (Ref. 1; Ref. 2). FDA is interested                                                                           more conflation of the information
                                               in whether and to what extent this                             separation is defined as the spacing or
                                                                                                                                                                   presented in both pieces.
                                               practice may result in consumers                               proximity between the disease
                                                                                                                                                                     H2: Increased temporal proximity
                                               confusing or otherwise misinterpreting                         awareness communication and
                                                                                                                                                                   between a disease awareness
                                               the different information and claims                           prescription drug promotion in the
                                                                                                                                                                   communication and a prescription drug
                                               presented in disease awareness                                 hour-long programming, for example, if
                                                                                                                                                                   promotion will result in significantly
                                               communications and prescription drug                           they are shown back-to-back or if they
                                                                                                                                                                   more conflation of the information
                                               promotion. Prior research has                                  are separated by other ads or television             presented in both pieces.
                                               documented that in both print (Ref. 3)                         programming. Similarity/distinctiveness                H3: Increased perceptual similarity
                                               and online (Ref. 4) contexts, consumers                        is defined by variations between the                 between a disease awareness
                                               tend to conflate the information                               disease awareness communication and                  communication and a prescription drug
                                               presented in prescription drug                                 prescription drug promotion, including               promotion will result in significantly
                                               promotional materials with information                         visual and presentation elements such                more conflation of the information
                                               presented in disease awareness                                 as the setting, actors, and colors. The              presented in both pieces.
                                               communications. Specifically, the                              second study will experimentally                       In each instance, conflation is
                                               results of these studies suggest                               examine the impact of disease                        operationalized as the extent to which
                                               consumers incorrectly ascribe benefits                         awareness communication temporal                     an individual remembers and attributes
                                               to a prescription drug as a result of                          separation and exposure frequency on                 benefits to a product that is based on
                                               being exposed to information in a                              consumer perception and                              information presented in a disease
                                               disease awareness communication that                           comprehension. Temporal separation in                awareness communication and not in
                                               broadly describes the symptoms and                             this second study again refers to the                the drug promotion.
                                               negative consequences of the disease.                          spacing or proximity between the                       To address these hypotheses, Study 1
                                               There are ways in which this effect can                        disease awareness communication and                  will employ a 3x4 factorial design in
                                               be attenuated. For example, prior                              prescription drug promotion but is                   which participants are randomly
                                               research has indicated that greater                            operationally defined as either one day              assigned to one disease awareness
                                               visual distinctiveness between the two                         or one week. Exposure frequency is                   communication condition, plus one
                                               ad types can ameliorate such confusion                         defined as the number of times that                  control condition where participants
                                               (Ref. 3). The present research seeks to                        participants will view the disease                   will not view a disease awareness
                                               extend previous studies of print and                           awareness communication, either one,                 communication. The extent to which
                                               online promotion to the context of                             three, or six times. The results of this             the disease awareness communication is
                                               television promotion, and broadly                              latter study will examine the practice of            perceptually similar to the product
                                               examine how perceptual similarity                              ‘‘seeding the market,’’ in which                     promotion communication will vary, as
                                               between the two communication types,                           pharmaceutical companies release                     will the temporal separation of the
                                               as well as their temporal proximity and                        disease awareness communications                     disease awareness communication and
                                               exposure frequency, may impact the                             before releasing product promotion                   product promotion communication.
                                               nature and extent of viewer confusion.                         communications. Similarity versus                    Table 1 depicts our design visually.

                                                                                                             TABLE 1—STUDY 1 EXPERIMENTAL DESIGN
daltland on DSKBBV9HB2PROD with NOTICES




                                                                                                                                   Disease awareness and product ad temporal separation
                                                                                     Perceptual similarity
                                               Disease awareness ad                     to product ad                                          Within same             In neighboring    In non-neighboring
                                                                                                                   Back to back              commercial pod 1         commercial pods     commercial pods

                                               Yes .............................    Similar.
                                                                                    Semi-similar.
                                                                                    Distinct.



                                          VerDate Sep<11>2014       19:46 Oct 16, 2018     Jkt 247001   PO 00000   Frm 00099   Fmt 4703   Sfmt 4703   E:\FR\FM\17OCN1.SGM   17OCN1


                                                                                    Federal Register / Vol. 83, No. 201 / Wednesday, October 17, 2018 / Notices                                                52475

                                                                                                        TABLE 1—STUDY 1 EXPERIMENTAL DESIGN—Continued
                                                                                                                                       Disease awareness and product ad temporal separation
                                                                                      Perceptual similarity
                                               Disease awareness ad                      to product ad                                             Within same             In neighboring         In non-neighboring
                                                                                                                       Back to back              commercial pod 1         commercial pods          commercial pods

                                               No ...............................    N/A.




                                                 Study 2 will employ a 2x2x3 factorial                           awareness and product promotion                       promotion communication. Table 3
                                               design in which participants are                                  communication, the number of                          visually depicts our design. Of note, to
                                               randomly assigned to one disease                                  exposures to the disease awareness                    reduce the overall number of
                                               awareness communication condition.                                communication, and the perceptual                     experimental conditions for Study 2, no
                                               The varying factors in Study 2 are the                            similarity of the disease awareness                   semi-similar experimental condition is
                                               temporal separation between the disease                           communication to the product                          used.

                                                                                                               TABLE 3—STUDY 2 EXPERIMENTAL DESIGN
                                               Time delay until product ad                                                                                Exposures to disease awareness ad
                                                       exposure                             Perceptual similarity of ads
                                                  (temporal separation)                                                             One exposure                   Three exposures                Six exposures

                                               One Day ............................         Similar.
                                                                                            Distinct.
                                               One Week .........................           Similar.
                                                                                            Distinct.




                                                 Study 1 and 2 Sample. The targeted                              current asthma diagnosis, a lifetime                  These groups are believed to be very
daltland on DSKBBV9HB2PROD with NOTICES




                                               voluntary sample for both studies will                            incidence of asthma, or experience a                  likely to be targeted by disease
                                                                                                                                                                                                                       EN17OC18.024</GPH>




                                               comprise adults who self-report a                                 large number of asthma symptoms.                      awareness and product promotion

                                                 1 A commercial pod refers to a group of ads into                pods, we mean commercial pods separated only by       programming and one or more (one, as studied
                                               which the test ad is inserted, designed to simulate               television programming and no other commercial        here) other commercial pods.
                                               an advertising break during a television program.                 pods. By non-neighboring commercial pods, we
                                                                                                                                                                                                                       EN17OC18.023</GPH>




                                               As depicted in Table 2, by neighboring commercial                 mean commercial pods separated by both television



                                          VerDate Sep<11>2014        19:46 Oct 16, 2018        Jkt 247001   PO 00000   Frm 00100   Fmt 4703   Sfmt 4703   E:\FR\FM\17OCN1.SGM   17OCN1


                                               52476                              Federal Register / Vol. 83, No. 201 / Wednesday, October 17, 2018 / Notices

                                               communications for asthma. The                                             examining response rates and timing of                                         2. Behavioral intentions toward the
                                               combined incidence rate of these groups                                    survey. The two pretests will be                                            drug;
                                               is 22.2% (Ref. 5; Ref. 6). In addition,                                    conducted simultaneously.2 Based on                                            3. Perceived efficacy of the drug; and
                                               several exclusion criteria are specified.                                  pretest findings, we will refine the mock                                      4. Perceived risks of the drug.
                                               These include: (1) Training or                                             stimuli, survey questions, and data
                                                                                                                          collection process, as necessary, to                                           In addition to the primary variables of
                                               employment as a healthcare
                                                                                                                          optimize the full-scale study conditions.                                   interest, we have also identified
                                               professional, (2) employment with a
                                                                                                                             Measurement. Our planned analyses                                        potential covariates that will be
                                               pharmaceutical company, an advertising
                                                                                                                          are designed to address the key                                             included in the analyses:
                                               agency, a market research company, or
                                               the Department of Health and Human                                         hypotheses. For both Study 1 and Study                                         1. Knowledge about asthma;
                                               Services (HHS), and (3) participation in                                   2, we anticipate that the primary                                              2. Health literacy; and
                                               market research within the past three                                      analysis will be analysis of variance                                          3. Perceived ad effectiveness.
                                               months on the topic of prescription                                        (ANOVA) to compare the main and                                                We expect that knowledge about
                                               drugs. Pretest participants will also be                                   interaction effects of the experimental
                                                                                                                                                                                                      asthma and increased health literacy
                                               ineligible for the main study.                                             factors.
                                                                                                                                                                                                      may moderate any conflation that
                                                                                                                             The focal dependent variable will be
                                                  Pretesting. Pretesting will take place                                  conflation—a measure of memory and                                          results from ad similarity, temporal
                                               before the main studies to evaluate the                                    perceptions regarding the promoted                                          proximity, and frequency of exposure.
                                               procedures used in the main studies.                                       drug relative to the information                                            Perceptions of promotion effectiveness,
                                               Each of the two pretests will have the                                     presented in the disease awareness                                          on the other hand, can be examined
                                               same design as its respective main study                                   communication. Conflation will be                                           both as an outcome/dependent variable
                                               (pretest 1 for Study 1 and pretest 2 for                                   measured by using the number of                                             but also as a covariate that examines
                                               Study 2). The purpose of both pretests                                     benefits that are incorrectly attributed to                                 involvement with the product
                                               will be to: (1) Ensure that the mock                                       the prescription drug product based on                                      promotion. Greater involvement may
                                               stimuli are understandable, viewable,                                      responses to a number of both open-                                         attenuate conflation in that it directs
                                               and delivering intended messages; (2)                                      ended and closed-ended items.                                               more in-depth processing of both the
                                               identify and eliminate any challenges to                                      Other key dependent variables will                                       disease awareness communication and
                                               embedding the mock stimuli within the                                      reflect perceptions and attitudes toward                                    product promotion, and therefore more
                                               online survey; (3) ensure that survey                                      the product ad. These include measures                                      correct understanding of the claims in
                                               questions are appropriate and meet the                                     of:                                                                         each (Ref. 7; Ref. 8; Ref. 9).
                                               analytical goals of the research; and (4)                                     1. Perception of product promotion                                          FDA estimates the burden of this
                                               pilot test the methods, including                                          effectiveness;                                                              collection of information as follows:

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

                                               Study    1   Pretest screener .....................................................                           385                             1                     385        0.08 (∼5 min.)                      31
                                               Study    2   Pretest screener .....................................................                           329                             1                     329        0.08 (∼5 min.)                      26
                                               Study    1   screener ..................................................................                    3,007                             1                   3,007        0.08 (∼5 min.)                     241
                                               Study    2   screener ..................................................................                    2,643                             1                   2,643        0.08 (∼5 min.)                     211
                                               Study    1   Pretest ....................................................................                     270                             1                     270        1.33 (∼1 hr 20                     360
                                                                                                                                                                                                                                       min.)
                                               Study 2 Pretest ....................................................................                          158                             1                      158            0.53 (∼32                      84
                                                                                                                                                                                                                                       min.)
                                               Study 1 .................................................................................                   2,105                             1                   2,105        1.33 (∼1 hr 20                   2,800
                                                                                                                                                                                                                                       min.)
                                               Study 2 .................................................................................                   1,269                             1                   1,269        0.53 (32 min.)                     673

                                                     Total ..............................................................................   ........................   ........................   ........................   ........................          4,426
                                                  1 There     are no capital costs or operating and maintenance costs associated with this collection of information.


                                               References                                                                 Register, but websites are subject to                                       2. https://www.fiercepharma.com/marketing/
                                                                                                                          change over time.                                                                avanir-launches-nuedexta-brand-
                                                 The following references are on                                                                                                                           campaign-retires-danny-glover-pba-
                                                                                                                          1. https://www.fiercepharma.com/marketing/
                                               display in the Dockets Management                                               unbranded-pharma-ad-what-are-they-
                                                                                                                                                                                                           disease-awareness-ad.
                                               Staff (see ADDRESSES) and are available                                         good-for-actually-quite-a-bit-marketer-                                3. Aikin, K. J., Sullivan, H. W., & Betts, K.
                                               for viewing by interested persons                                               panelists-say?mkt_tok=eyJpIjoiWkRnel                                        R. (2016). Disease information in direct-
                                               between 9 a.m. and 4 p.m., Monday                                               pUSmlORFpoWkdNMSIsInQiOiJPa                                                 to-consumer prescription drug print ads.
                                                                                                                               ENIUERpT0tnUmt6Y1BPMk9LT                                                    Journal of Health Communication, 21,
                                               through Friday; they are also available
                                                                                                                               npreUI3bUtPOVRzRnh1RzNuW                                                    228–239.
                                               electronically at https://
daltland on DSKBBV9HB2PROD with NOTICES




                                                                                                                               UtYQmp0cWJhcW05UFhlcllwTzI3V0                                          4. Sullivan, H. W., O’Donoghue, A. C.,
                                               www.regulations.gov. FDA has verified                                           RJSndjVkZLR3NGUHBLamJOZmJ                                                   Rupert, D. J., Willoughby, J. F.,
                                               the website addresses, as of the date this                                      SK2FZeWtIVXczeFRFcmtEV0NFaV                                                 Amoozegar, J. B., & Aikin, K. J. (2016).
                                               document publishes in the Federal                                               dCSjArUmx4dUlRVHZpUzFFOWlVY0d                                               Are disease awareness links on
                                                                                                                               Nb1RzOU9XayJ9&mrkid=20932234.                                               prescription drug websites misleading?

                                                 2 Pretesting will be preceded by cognitive                               interviews are used to probe a small sample of                              various questions as they did, resulting in strong
                                               interviewing, not described here. Cognitive                                participants on how and why they responded to                               measurement instruments.



                                          VerDate Sep<11>2014         19:46 Oct 16, 2018        Jkt 247001       PO 00000        Frm 00101      Fmt 4703        Sfmt 4703       E:\FR\FM\17OCN1.SGM               17OCN1


                                                                         Federal Register / Vol. 83, No. 201 / Wednesday, October 17, 2018 / Notices                                          52477

                                                    A randomized study. Journal of Health              potential relevance to the growth or                  Written/Paper Submissions
                                                    Communication, 21, 1198–1207.                      progression of one or more pediatric
                                               5. Centers for Disease Control and                                                                               Submit written/paper submissions as
                                                                                                       cancers. The latter list details those                follows:
                                                    Prevention. (2018a, May 18). 2016
                                                    National Health Interview Survey (NHIS)
                                                                                                       targets that are unlikely to be associated               • Mail/Hand delivery/Courier (for
                                                    data. Retrieved from https://                      with the growth or progression of                     written/paper submissions): Dockets
                                                    www.cdc.gov/asthma/nhis/2016/table2-               pediatric cancers such that statutory                 Management Staff (HFA–305), Food and
                                                    1.htm.                                             requirements for early pediatric                      Drug Administration, 5630 Fishers
                                               6. Centers for Disease Control and                      evaluation would be waived. These lists               Lane, Rm. 1061, Rockville, MD 20852.
                                                    Prevention. (2018b, May 15). Most recent           fulfill one of FDA’s obligations under
                                                    asthma data. Retrieved from https://
                                                                                                                                                                • For written/paper comments
                                                                                                       the FDA Reauthorization Act of 2017                   submitted to the Dockets Management
                                                    www.cdc.gov/asthma/most_recent_
                                                                                                       (FDARA) and provide information to                    Staff, FDA will post your comment, as
                                                    data.htm.
                                               7. Petty, R. E., & Cacioppo, J. T. (1979). Issue        industry in planning for initial pediatric            well as any attachments, except for
                                                    involvement can increase or decrease               study plan submissions for certain                    information submitted, marked and
                                                    persuasion by enhancing message-                   oncology drugs or biological products in              identified, as confidential, if submitted
                                                    relevant cognitive responses. Journal of           accordance with the amended                           as detailed in ‘‘Instructions.’’
                                                    Personality and Social Psychology, 37,             provisions of the Federal Food, Drug,                    Instructions: All submissions received
                                                    1915–1926. doi: 10.1037/0022-                      and Cosmetic Act (FD&C Act). FDA is
                                                    3514.37.10.1915.                                                                                         must include the Docket No. FDA–
                                                                                                       establishing this docket for public                   2018–N–3633 for ‘‘Oncology Center of
                                               8. Petty, R. E., & Cacioppo, J. T. (1986). The
                                                    elaboration likelihood model of
                                                                                                       comment on possible additions to or                   Excellence: Pediatric Oncology Program;
                                                    persuasion. Advances in Experimental               deletions from the list on the lists                  Establishment of a Public Docket;
                                                    Social Psychology, 19, 123–205. doi:               described above.                                      Request for Comments.’’ Received
                                                    10.1016/S0065-2601(08)60214-2.                       The lists can be found on the                       comments will be placed in the docket
                                               9. Petty, R. E., Cacioppo, J. T., & Goldman,            Oncology Center of Excellence:                        and, except for those submitted as
                                                    R. (1981). Personal involvement as a                                                                     ‘‘Confidential Submissions,’’ publicly
                                                    determinant of argument-based
                                                                                                       Pediatric Oncology website at the
                                                    persuasion. Journal of Personality and             following link: https://www.fda.gov/                  viewable at https://www.regulations.gov
                                                    Social Psychology, 41, 847–855. doi:               AboutFDA/CentersOffices/                              or at the Dockets Management Staff
                                                    10.1037/0022-3514.41.5.847.                        OfficeofMedicalProductsandTobacco/                    between 9 a.m. and 4 p.m., Monday
                                                 Dated: October 11, 2018.                              OCE/ucm544641.htm.                                    through Friday.
                                                                                                                                                                • Confidential Submissions—To
                                               Leslie Kux,                                             DATES: Submit either electronic or                    submit a comment with confidential
                                               Associate Commissioner for Policy.                      written comments. This docket will                    information that you do not wish to be
                                               [FR Doc. 2018–22567 Filed 10–16–18; 8:45 am]            remain open indefinitely.                             made publicly available, submit your
                                               BILLING CODE 4164–01–P                                  ADDRESSES:        You may submit comments             comments only as a written/paper
                                                                                                       as follows:                                           submission. You should submit two
                                                                                                                                                             copies total. One copy will include the
                                               DEPARTMENT OF HEALTH AND                                Electronic Submissions                                information you claim to be confidential
                                               HUMAN SERVICES                                                                                                with a heading or cover note that states
                                                                                                          Submit electronic comments in the
                                                                                                       following way:                                        ‘‘THIS DOCUMENT CONTAINS
                                               Food and Drug Administration
                                                                                                                                                             CONFIDENTIAL INFORMATION.’’ FDA
                                               [Docket No. FDA–2018–N–3633]                               • Federal eRulemaking Portal:                      will review this copy, including the
                                                                                                       https://www.regulations.gov. Follow the               claimed confidential information, in its
                                               Oncology Center of Excellence:                          instructions for submitting comments.                 consideration of comments. The second
                                               Pediatric Oncology Program;                             Comments submitted electronically,                    copy, which will have the claimed
                                               Establishment of a Public Docket;                       including attachments, to https://                    confidential information redacted/
                                               Request for Comments                                    www.regulations.gov will be posted to                 blacked out, will be available for public
                                                                                                       the docket unchanged. Because your                    viewing and posted on https://
                                               AGENCY:    Food and Drug Administration,                comment will be made public, you are
                                               HHS.                                                                                                          www.regulations.gov. Submit both
                                                                                                       solely responsible for ensuring that your             copies to the Dockets Management Staff.
                                               ACTION: Notice; establishment of a                      comment does not include any
                                               public docket; request for comments.                                                                          If you do not wish your name and
                                                                                                       confidential information that you or a                contact information be made publicly
                                               SUMMARY:   The Oncology Center of                       third party may not wish to be posted,                available, you can provide this
                                               Excellence (OCE) Pediatric Oncology                     such as medical information, your or                  information on the cover sheet and not
                                               Program of the Food and Drug                            anyone else’s Social Security number, or              in the body of your comments and you
                                               Administration (FDA or the Agency)                      confidential business information, such               must identify the information as
                                               announces the creation of a list of                     as a manufacturing process. Please note               ‘‘confidential.’’ Any information marked
                                               molecular targets that have been                        that if you include your name, contact                as ‘‘confidential’’ will not be disclosed
                                               determined to be substantially relevant                 information, or other information that                except in accordance with 21 CFR 10.20
                                               to the growth or progression of a                       identifies you in the body of your                    and other applicable disclosure law. For
                                               pediatric cancer (Candidate Pediatric                   comments, that information will be                    more information about FDA’s posting
                                               Molecular Target List) and a list of                    posted on https://www.regulations.gov.                of comments to public dockets, see 80
                                               molecular targets of new cancer drugs                      • If you want to submit a comment                  FR 56469, September 18, 2015, or access
daltland on DSKBBV9HB2PROD with NOTICES




                                               and biological products in development                  with confidential information that you                the information at: https://www.gpo.gov/
                                               for which requirements for studies in                   do not wish to be made available to the               fdsys/pkg/FR-2015-09-18/pdf/2015-
                                               pediatric cancers would be                              public, submit the comment as a                       23389.pdf.
                                               automatically waived. The former list                   written/paper submission and in the                      Docket: For access to the docket to
                                               includes molecular targets for which                    manner detailed below (see ‘‘Written/                 read background documents or the
                                               prevailing evidence and/or a scientific                 Paper Submissions’’ and                               electronic and written/paper comments
                                               rationale exists to determine their                     ‘‘Instructions’’).                                    received, go to https://


                                          VerDate Sep<11>2014   19:46 Oct 16, 2018   Jkt 247001   PO 00000   Frm 00102   Fmt 4703   Sfmt 4703   E:\FR\FM\17OCN1.SGM   17OCN1



Document Created: 2018-10-17 01:48:03
Document Modified: 2018-10-17 01:48:03
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice.
DatesSubmit either electronic or written comments on the collection of information by December 17, 2018.
ContactIla S. Mizrachi, Office of Operations, Food and Drug Administration, Three White Flint North, 10:00 a.m.-12:00 p.m., 11601 Landsdown St., North Bethesda, MD 20852, 301-796-7726, [email protected] For copies of the questionnaire contact: Office of Prescription Drug Promotion (OPDP) Research Team, [email protected]
FR Citation83 FR 52472 

2025 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR