83_FR_52685 83 FR 52484 - Presenting Quantitative Efficacy and Risk Information in Direct-to-Consumer Promotional Labeling and Advertisements; Draft Guidance for Industry; Availability

83 FR 52484 - Presenting Quantitative Efficacy and Risk Information in Direct-to-Consumer Promotional Labeling and Advertisements; Draft Guidance for Industry; Availability

DEPARTMENT OF HEALTH AND HUMAN SERVICES
Food and Drug Administration

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

Page Range52484-52487
FR Document2018-22568

The Food and Drug Administration (FDA or Agency) is announcing the availability of a draft guidance for industry entitled ``Presenting Quantitative Efficacy and Risk Information in Direct-to-Consumer Promotional Labeling and Advertisements.'' This draft guidance provides recommendations for presenting quantitative efficacy and risk information in direct-to-consumer (DTC) promotional labeling and advertisements for prescription human drugs and biological products and prescription animal drugs and in DTC promotional labeling for over-the- counter (OTC) animal drugs (collectively promotional materials). FDA is issuing this draft guidance to describe the Agency's recommendations for how manufacturers, distributers, and packers (collectively firms) that include quantitative efficacy or risk information about their drugs in DTC promotional materials can make the language and presentation more consumer-friendly.

Federal Register, Volume 83 Issue 201 (Wednesday, October 17, 2018)
[Federal Register Volume 83, Number 201 (Wednesday, October 17, 2018)]
[Notices]
[Pages 52484-52487]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-22568]


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

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2018-D-2613]


Presenting Quantitative Efficacy and Risk Information in Direct-
to-Consumer Promotional Labeling and Advertisements; Draft Guidance for 
Industry; Availability

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice of availability.

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

SUMMARY: The Food and Drug Administration (FDA or Agency) is announcing 
the availability of a draft guidance for industry entitled ``Presenting 
Quantitative Efficacy and Risk Information in Direct-to-Consumer 
Promotional Labeling and Advertisements.'' This draft guidance provides 
recommendations for presenting quantitative efficacy and risk 
information in direct-to-consumer (DTC) promotional labeling and 
advertisements for prescription human drugs and biological products and 
prescription animal drugs and in DTC promotional labeling for over-the-
counter (OTC) animal drugs (collectively promotional materials). FDA is 
issuing this draft guidance to describe the Agency's recommendations 
for how manufacturers, distributers, and packers (collectively firms) 
that include quantitative efficacy or risk information about their 
drugs in DTC promotional materials can make the language and 
presentation more consumer-friendly.

[[Page 52485]]


DATES: Submit either electronic or written comments on the draft 
guidance by December 17, 2018 to ensure that the Agency considers your 
comment on this draft guidance before it begins work on the final 
version of the guidance.

ADDRESSES: You may submit comments on any guidance at any time as 
follows:

Electronic Submissions

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

Written/Paper Submissions

    Submit written/paper submissions as follows:
     Mail/Hand delivery/Courier (for written/paper 
submissions): 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-D-2613 for ``Presenting Quantitative Efficacy and Risk 
Information in Direct-to-Consumer Promotional Labeling and 
Advertisements; Draft Guidance for Industry; Availability.'' Received 
comments will be placed in the docket and, except for those submitted 
as ``Confidential Submissions,'' publicly viewable at https://www.regulations.gov or at the 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.
    You may submit comments on any guidance at any time (see 21 CFR 
10.115(g)(5)).
    Submit written requests for single copies of the draft guidance to 
the Division of Drug Information, Center for Drug Evaluation and 
Research, Food and Drug Administration, 10001 New Hampshire Ave., 
Hillandale Building, 4th Floor, Silver Spring, MD 20993-0002; or the 
Office of Communication, Outreach and Development, Center for Biologics 
Evaluation and Research, Food and Drug Administration, 10903 New 
Hampshire Ave., Bldg. 71, Rm. 3128, Silver Spring, MD 20993-0002; or 
the Policy and Regulations Staff (HFV-6), Center for Veterinary 
Medicine, Food and Drug Administration, 7519 Standish Pl., Rockville, 
MD 20855. Send one self-addressed adhesive label to assist that office 
in processing your request. See the SUPPLEMENTARY INFORMATION section 
for electronic access to the draft guidance document.

FOR FURTHER INFORMATION CONTACT: Elizabeth Pepinsky, Center for Drug 
Evaluation and Research, Food and Drug Administration, 10903 New 
Hampshire Ave., Bldg. 51, Rm. 3248, Silver Spring, MD 20993-0002, 301-
796-1200; or Stephen Ripley, Center for Biologics Evaluation and 
Research, Food and Drug Administration, 10903 New Hampshire Ave., Bldg. 
71, Rm. 7301, Silver Spring, MD 20993-0002, 240-402-7911; or Tom 
Moskal, Center for Veterinary Medicine (HFV-216), 7519 Standish Pl., 
Rockville, MD 20855, 240-402-6251.

SUPPLEMENTARY INFORMATION: 

I. Background

    FDA is announcing the availability of a draft guidance for industry 
entitled ``Presenting Quantitative Efficacy and Risk Information in 
Direct-to-Consumer Promotional Labeling and Advertisements.'' This 
draft guidance describes recommendations for how firms that include 
quantitative efficacy or risk information about their drugs \1\ in DTC 
promotional materials can make the language and presentation more 
consumer-friendly. These recommendations apply to DTC promotional 
materials covered by this draft guidance regardless of the medium in 
which they are presented (e.g., print, electronic, audiovisual, 
broadcast).
---------------------------------------------------------------------------

    \1\ The term drugs in this guidance refers to prescription human 
drugs, including prescription biological products, and prescription 
and OTC animal drugs.
---------------------------------------------------------------------------

    When describing efficacy and risk information about a drug in 
promotional materials, firms generally have flexibility with how they 
present this information so long as the presentation is balanced, 
truthful, and non-misleading, and complies with other applicable 
statutory and regulatory requirements. One consideration for firms as 
they develop DTC promotional materials for their drugs is how to best 
convey efficacy and risk information in a manner that consumers can 
easily understand, including whether to use words, numbers, visual 
graphics, or a combination of these elements. FDA understands that 
firms may experience challenges in determining how to best present 
quantitative efficacy or risk information in their DTC promotional 
materials so that consumers can easily comprehend it and use it to form 
accurate perceptions about their drugs. For these reasons, FDA is 
issuing this

[[Page 52486]]

draft guidance to provide recommendations for presenting quantitative 
efficacy and risk information in DTC promotional materials and to 
encourage firms to follow these recommendations when including such 
information in their DTC promotional materials.
    The draft guidance covers the following topics for presenting 
quantitative efficacy and risk information in DTC promotional 
materials, based on current research findings related to communicating 
health information:

 Presenting probability information in terms of absolute 
frequencies, percentages, and relative frequencies
 Formatting quantitative efficacy or risk information
 Using visual aids to illustrate quantitative efficacy or risk 
information
 Providing quantitative efficacy or risk information for the 
treatment group and the control group

    This draft guidance is being issued consistent with FDA's good 
guidance practices regulation (21 CFR 10.115). The draft guidance, when 
finalized, will represent FDA's recommendations for ``Presenting 
Quantitative Efficacy and Risk Information in Direct-to-Consumer 
Promotional Labeling and Advertisements.'' It does not establish any 
rights for any person and is not binding on FDA or the public. You can 
use an alternative approach if it satisfies the requirements of the 
applicable statutes and regulations. This guidance is not subject to 
Executive Order 12866.

II. Paperwork Reduction Act of 1995

    Under the Paperwork Reduction Act of 1995 (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.
    Title: Presenting Quantitative Efficacy and Risk Information in 
Direct-to-Consumer Promotional Labeling and Advertisements.
    Description of Respondents: Respondents to this collection of 
information are manufacturers, packers, and distributors and their 
representatives (firms) of human prescription drugs, including 
prescription biological products, and animal prescription and OTC 
drugs.
    Burden Estimate: The draft guidance provides recommendations on how 
firms should present quantitative efficacy and risk information in 
their DTC promotional materials. Accordingly, the draft guidance 
recommends a ``third-party disclosure'' that constitutes a ``collection 
of information'' under the PRA.
    Specifically, the draft guidance recommends that firms display 
quantitative efficacy or risk information in specific numeric formats 
(e.g., absolute frequencies or percentages; whole numbers; denominators 
with a base of 10) and with appropriate context (e.g., adding absolute 
frequency presentations to relative frequency presentations); provides 
formatting considerations for illustrating quantitative efficacy or 
risk information in a visual aid; and recommends that firms include 
quantitative efficacy or risk information about the control group when 
it is provided for the treatment group in DTC promotional materials.
    According to FDA data, approximately 40,000 FDA-regulated DTC 
promotional materials are prepared by approximately 404 firms annually, 
and of these materials, the Agency estimates that approximately 40 
percent contain presentations of quantitative efficacy or risk 
information. Based on this information, FDA estimates that 
approximately 40 percent (160) firms will disseminate 16,000 DTC 
promotional materials that contain quantitative efficacy or risk 
information annually, and therefore may be subject to the third-party 
disclosures. Based on its experience reviewing FDA-regulated 
promotional materials for drugs, FDA estimates that it will take firms 
approximately 2 hours to make the disclosures recommended in the draft 
guidance if they choose to include quantitative efficacy or risk 
information in their DTC promotional materials and follow the 
recommendations of this guidance.
    FDA estimates the burden of this collection of information as 
follows:

                                                     Table 1--Estimated Annual Reporting Burden \1\
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                         Number of
                        Type of information                             Number of     disclosures per    Total annual    Average burden    Total hours
                                                                       respondents       respondent      disclosures     per disclosure
--------------------------------------------------------------------------------------------------------------------------------------------------------
Recommended information to be included when firms disseminate                   160              100           16,000                2           32,000
 promotional materials that contain quantitative efficacy or risk
 information.......................................................
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ There are no capital costs or operating and maintenance costs associated with this collection of information.

III. Electronic Access

    Persons with access to the internet may obtain the draft guidance 
at https://www.fda.gov/Drugs/GuidanceComplianceRegulatoryInformation/Guidances/default.htm, https://www.fda.gov/BiologicsBloodVaccines/GuidanceComplianceRegulatoryInformation/Guidances/default.htm, https://www.fda.gov/AnimalVeterinary/GuidanceComplianceEnforcement/GuidanceforIndustry/default.htm, or https://www.regulations.gov.


[[Page 52487]]


    Dated: October 11, 2018.
Leslie Kux,
Associate Commissioner for Policy.
[FR Doc. 2018-22568 Filed 10-16-18; 8:45 am]
 BILLING CODE 4164-01-P



                                               52484                     Federal Register / Vol. 83, No. 201 / Wednesday, October 17, 2018 / Notices

                                               heading of this document, into the                      Rutgers, the State University of New                  § 60.30, including but not limited to:
                                               ‘‘Search’’ box and follow the prompts                   Jersey, and the USPTO requested FDA’s                 Must be timely (see DATES), must be
                                               and/or go to the Dockets Management                     assistance in determining this patent’s               filed in accordance with § 10.20, must
                                               Staff, 5630 Fishers Lane, Rm. 1061,                     eligibility for patent term restoration. In           contain sufficient facts to merit an FDA
                                               Rockville, MD 20852.                                    a letter dated February 2, 2018, FDA                  investigation, and must certify that a
                                               FOR FURTHER INFORMATION CONTACT:                        advised the USPTO that this human                     true and complete copy of the petition
                                               Beverly Friedman, Office of Regulatory                  biological product had undergone a                    has been served upon the patent
                                               Policy, Food and Drug Administration,                   regulatory review period and that the                 applicant. (See H. Rept. 857, part 1, 98th
                                               10903 New Hampshire Ave., Bldg. 51,                     approval of BRINEURA represented the                  Cong., 2d sess., pp. 41–42, 1984.)
                                               Rm. 6250, Silver Spring, MD 20993,                      first permitted commercial marketing or               Petitions should be in the format
                                               301–796–3600.                                           use of the product. Thereafter, the                   specified in 21 CFR 10.30.
                                               SUPPLEMENTARY INFORMATION:
                                                                                                       USPTO requested that FDA determine                       Submit petitions electronically to
                                                                                                       the product’s regulatory review period.               https://www.regulations.gov at Docket
                                               I. Background                                                                                                 No. FDA–2013–S–0610. Submit written
                                                                                                       II. Determination of Regulatory Review
                                                  The Drug Price Competition and                       Period                                                petitions (two copies are required) to the
                                               Patent Term Restoration Act of 1984                                                                           Dockets Management Staff (HFA–305),
                                                                                                          FDA has determined that the                        Food and Drug Administration, 5630
                                               (Pub. L. 98–417) and the Generic
                                                                                                       applicable regulatory review period for               Fishers Lane, Rm. 1061, Rockville, MD
                                               Animal Drug and Patent Term
                                                                                                       BRINEURA is 995 days. Of this time,                   20852.
                                               Restoration Act (Pub. L. 100–670)
                                                                                                       659 days occurred during the testing
                                               generally provide that a patent may be                                                                          Dated: October 11, 2018.
                                                                                                       phase of the regulatory review period,
                                               extended for a period of up to 5 years                                                                        Leslie Kux,
                                                                                                       while 336 days occurred during the
                                               so long as the patented item (human                                                                           Associate Commissioner for Policy.
                                                                                                       approval phase. These periods of time
                                               drug product, animal drug product,
                                                                                                       were derived from the following dates:                [FR Doc. 2018–22559 Filed 10–16–18; 8:45 am]
                                               medical device, food additive, or color                    1. The date an exemption under                     BILLING CODE 4164–01–P
                                               additive) was subject to regulatory                     section 505(i) of the Federal Food, Drug,
                                               review by FDA before the item was                       and Cosmetic Act (21 U.S.C. 355(i))
                                               marketed. Under these acts, a product’s                 became effective: August 8, 2014. FDA                 DEPARTMENT OF HEALTH AND
                                               regulatory review period forms the basis                has verified the applicant’s claim that               HUMAN SERVICES
                                               for determining the amount of extension                 the date the investigational new drug
                                               an applicant may receive.                               application became effective was on                   Food and Drug Administration
                                                  A regulatory review period consists of               August 8, 2014.
                                               two periods of time: A testing phase and                                                                      [Docket No. FDA–2018–D–2613]
                                                                                                          2. The date the application was
                                               an approval phase. For human                            initially submitted with respect to the               Presenting Quantitative Efficacy and
                                               biological products, the testing phase                  human biological product under section                Risk Information in Direct-to-
                                               begins when the exemption to permit                     351 of the Public Health Service Act (42              Consumer Promotional Labeling and
                                               the clinical investigations of the                      U.S.C. 262): May 27, 2016. FDA has                    Advertisements; Draft Guidance for
                                               biological product becomes effective                    verified the applicant’s claim that the               Industry; Availability
                                               and runs until the approval phase                       biologics license application (BLA) for
                                               begins. The approval phase starts with                  BRINEURA (BLA 761052) was initially                   AGENCY:    Food and Drug Administration,
                                               the initial submission of an application                submitted on May 27, 2016.                            HHS.
                                               to market the human biological product                     3. The date the application was                    ACTION:   Notice of availability.
                                               and continues until FDA grants                          approved: April 27, 2017. FDA has
                                               permission to market the biological                     verified the applicant’s claim that BLA               SUMMARY:   The Food and Drug
                                               product. Although only a portion of a                   761052 was approved on April 27, 2017.                Administration (FDA or Agency) is
                                               regulatory review period may count                         This determination of the regulatory               announcing the availability of a draft
                                               toward the actual amount of extension                   review period establishes the maximum                 guidance for industry entitled
                                               that the Director of USPTO may award                    potential length of a patent extension.               ‘‘Presenting Quantitative Efficacy and
                                               (for example, half the testing phase must               However, the USPTO applies several                    Risk Information in Direct-to-Consumer
                                               be subtracted as well as any time that                  statutory limitations in its calculations             Promotional Labeling and
                                               may have occurred before the patent                     of the actual period for patent extension.            Advertisements.’’ This draft guidance
                                               was issued), FDA’s determination of the                 In its application for patent extension,              provides recommendations for
                                               length of a regulatory review period for                this applicant seeks 666 days of patent               presenting quantitative efficacy and risk
                                               a human biological product will include                 term extension.                                       information in direct-to-consumer (DTC)
                                               all of the testing phase and approval                                                                         promotional labeling and
                                               phase as specified in 35 U.S.C.                         III. Petitions                                        advertisements for prescription human
                                               156(g)(1)(B).                                              Anyone with knowledge that any of                  drugs and biological products and
                                                  FDA has approved for marketing the                   the dates as published are incorrect may              prescription animal drugs and in DTC
                                               human biologic product BRINEURA                         submit either electronic or written                   promotional labeling for over-the-
                                               (cerliponase alfa). BRINEURA is                         comments and, under 21 CFR 60.24, ask                 counter (OTC) animal drugs
                                               indicated to slow the loss of ambulation                for a redetermination (see DATES).                    (collectively promotional materials).
                                               in symptomatic pediatric patients 3                     Furthermore, as specified in § 60.30 (21              FDA is issuing this draft guidance to
daltland on DSKBBV9HB2PROD with NOTICES




                                               years of age and older with late infantile              CFR 60.30), any interested person may                 describe the Agency’s recommendations
                                               neuronal ceroid lipofuscinosis type 2,                  petition FDA for a determination                      for how manufacturers, distributers, and
                                               also known as tripeptidyl peptidase 1                   regarding whether the applicant for                   packers (collectively firms) that include
                                               deficiency. Subsequent to this approval,                extension acted with due diligence                    quantitative efficacy or risk information
                                               the USPTO received a patent term                        during the regulatory review period. To               about their drugs in DTC promotional
                                               restoration application for BRINEURA                    meet its burden, the petition must                    materials can make the language and
                                               (U.S. Patent No. 8,029,781) from                        comply with all the requirements of                   presentation more consumer-friendly.


                                          VerDate Sep<11>2014   19:46 Oct 16, 2018   Jkt 247001   PO 00000   Frm 00109   Fmt 4703   Sfmt 4703   E:\FR\FM\17OCN1.SGM   17OCN1


                                                                         Federal Register / Vol. 83, No. 201 / Wednesday, October 17, 2018 / Notices                                                  52485

                                               DATES:  Submit either electronic or                     between 9 a.m. and 4 p.m., Monday                     addressed adhesive label to assist that
                                               written comments on the draft guidance                  through Friday.                                       office in processing your request. See
                                               by December 17, 2018 to ensure that the                    • Confidential Submissions—To                      the SUPPLEMENTARY INFORMATION section
                                               Agency considers your comment on this                   submit a comment with confidential                    for electronic access to the draft
                                               draft guidance before it begins work on                 information that you do not wish to be                guidance document.
                                               the final version of the guidance.                      made publicly available, submit your                  FOR FURTHER INFORMATION CONTACT:
                                               ADDRESSES: You may submit comments                      comments only as a written/paper                      Elizabeth Pepinsky, Center for Drug
                                               on any guidance at any time as follows:                 submission. You should submit two                     Evaluation and Research, Food and
                                                                                                       copies total. One copy will include the               Drug Administration, 10903 New
                                               Electronic Submissions                                  information you claim to be confidential              Hampshire Ave., Bldg. 51, Rm. 3248,
                                                 Submit electronic comments in the                     with a heading or cover note that states              Silver Spring, MD 20993–0002, 301–
                                               following way:                                          ‘‘THIS DOCUMENT CONTAINS                              796–1200; or Stephen Ripley, Center for
                                                 • Federal eRulemaking Portal:                         CONFIDENTIAL INFORMATION.’’ The                       Biologics Evaluation and Research,
                                               https://www.regulations.gov. Follow the                 Agency will review this copy, including               Food and Drug Administration, 10903
                                               instructions for submitting comments.                   the claimed confidential information, in              New Hampshire Ave., Bldg. 71, Rm.
                                               Comments submitted electronically,                      its consideration of comments. The                    7301, Silver Spring, MD 20993–0002,
                                               including attachments, to https://                      second copy, which will have the                      240–402–7911; or Tom Moskal, Center
                                               www.regulations.gov will be posted to                   claimed confidential information                      for Veterinary Medicine (HFV–216),
                                               the docket unchanged. Because your                      redacted/blacked out, will be available               7519 Standish Pl., Rockville, MD 20855,
                                               comment will be made public, you are                    for public viewing and posted on                      240–402–6251.
                                               solely responsible for ensuring that your               https://www.regulations.gov. Submit                   SUPPLEMENTARY INFORMATION:
                                               comment does not include any                            both copies to the Dockets Management
                                               confidential information that you or a                  Staff. If you do not wish your name and               I. Background
                                               third party may not wish to be posted,                  contact information to be made publicly                  FDA is announcing the availability of
                                               such as medical information, your or                    available, you can provide this                       a draft guidance for industry entitled
                                               anyone else’s Social Security number, or                information on the cover sheet and not                ‘‘Presenting Quantitative Efficacy and
                                               confidential business information, such                 in the body of your comments and you                  Risk Information in Direct-to-Consumer
                                               as a manufacturing process. Please note                 must identify this information as                     Promotional Labeling and
                                               that if you include your name, contact                  ‘‘confidential.’’ Any information marked              Advertisements.’’ This draft guidance
                                               information, or other information that                  as ‘‘confidential’’ will not be disclosed             describes recommendations for how
                                               identifies you in the body of your                      except in accordance with 21 CFR 10.20                firms that include quantitative efficacy
                                               comments, that information will be                      and other applicable disclosure law. For              or risk information about their drugs 1 in
                                               posted on https://www.regulations.gov.                  more information about FDA’s posting                  DTC promotional materials can make
                                                 • If you want to submit a comment                     of comments to public dockets, see 80                 the language and presentation more
                                               with confidential information that you                  FR 56469, September 18, 2015, or access               consumer-friendly. These
                                               do not wish to be made available to the                 the information at: https://www.gpo.gov/              recommendations apply to DTC
                                               public, submit the comment as a                         fdsys/pkg/FR-2015-09-18/pdf/2015-                     promotional materials covered by this
                                               written/paper submission and in the                     23389.pdf.                                            draft guidance regardless of the medium
                                               manner detailed (see ‘‘Written/Paper                       Docket: For access to the docket to
                                                                                                                                                             in which they are presented (e.g., print,
                                               Submissions’’ and ‘‘Instructions’’).                    read background documents or the
                                                                                                                                                             electronic, audiovisual, broadcast).
                                                                                                       electronic and written/paper comments                    When describing efficacy and risk
                                               Written/Paper Submissions                               received, go to https://                              information about a drug in promotional
                                                  Submit written/paper submissions as                  www.regulations.gov and insert the                    materials, firms generally have
                                               follows:                                                docket number, found in brackets in the               flexibility with how they present this
                                                  • Mail/Hand delivery/Courier (for                    heading of this document, into the                    information so long as the presentation
                                               written/paper submissions): Dockets                     ‘‘Search’’ box and follow the prompts                 is balanced, truthful, and non-
                                               Management Staff (HFA–305), Food and                    and/or go to the Dockets Management
                                                                                                                                                             misleading, and complies with other
                                               Drug Administration, 5630 Fishers                       Staff, 5630 Fishers Lane, Rm. 1061,
                                                                                                                                                             applicable statutory and regulatory
                                               Lane, Rm. 1061, Rockville, MD 20852.                    Rockville, MD 20852.
                                                  • For written/paper comments                            You may submit comments on any                     requirements. One consideration for
                                               submitted to the Dockets Management                     guidance at any time (see 21 CFR                      firms as they develop DTC promotional
                                               Staff, FDA will post your comment, as                   10.115(g)(5)).                                        materials for their drugs is how to best
                                               well as any attachments, except for                        Submit written requests for single                 convey efficacy and risk information in
                                               information submitted, marked and                       copies of the draft guidance to the                   a manner that consumers can easily
                                               identified, as confidential, if submitted               Division of Drug Information, Center for              understand, including whether to use
                                               as detailed in ‘‘Instructions.’’                        Drug Evaluation and Research, Food                    words, numbers, visual graphics, or a
                                                  Instructions: All submissions received               and Drug Administration, 10001 New                    combination of these elements. FDA
                                               must include the Docket No. FDA–                        Hampshire Ave., Hillandale Building,                  understands that firms may experience
                                               2018–D–2613 for ‘‘Presenting                            4th Floor, Silver Spring, MD 20993–                   challenges in determining how to best
                                               Quantitative Efficacy and Risk                          0002; or the Office of Communication,                 present quantitative efficacy or risk
                                               Information in Direct-to-Consumer                       Outreach and Development, Center for                  information in their DTC promotional
                                               Promotional Labeling and                                Biologics Evaluation and Research,                    materials so that consumers can easily
daltland on DSKBBV9HB2PROD with NOTICES




                                               Advertisements; Draft Guidance for                      Food and Drug Administration, 10903                   comprehend it and use it to form
                                               Industry; Availability.’’ Received                      New Hampshire Ave., Bldg. 71, Rm.                     accurate perceptions about their drugs.
                                               comments will be placed in the docket                   3128, Silver Spring, MD 20993–0002; or                For these reasons, FDA is issuing this
                                               and, except for those submitted as                      the Policy and Regulations Staff (HFV–                  1 The term drugs in this guidance refers to
                                               ‘‘Confidential Submissions,’’ publicly                  6), Center for Veterinary Medicine, Food              prescription human drugs, including prescription
                                               viewable at https://www.regulations.gov                 and Drug Administration, 7519 Standish                biological products, and prescription and OTC
                                               or at the Dockets Management Staff                      Pl., Rockville, MD 20855. Send one self-              animal drugs.



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                                               52486                          Federal Register / Vol. 83, No. 201 / Wednesday, October 17, 2018 / Notices

                                               draft guidance to provide                                        in 44 U.S.C. 3502(3) and 5 CFR                         efficacy and risk information in their
                                               recommendations for presenting                                   1320.3(c) and includes Agency requests                 DTC promotional materials.
                                               quantitative efficacy and risk                                   or requirements that members of the                    Accordingly, the draft guidance
                                               information in DTC promotional                                   public submit reports, keep records, or                recommends a ‘‘third-party disclosure’’
                                               materials and to encourage firms to                              provide information to a third party.                  that constitutes a ‘‘collection of
                                               follow these recommendations when                                Section 3506(c)(2)(A) of the PRA (44                   information’’ under the PRA.
                                               including such information in their DTC                          U.S.C. 3506(c)(2)(A)) requires Federal                    Specifically, the draft guidance
                                               promotional materials.                                           Agencies to provide a 60-day notice in                 recommends that firms display
                                                  The draft guidance covers the                                 the Federal Register concerning each                   quantitative efficacy or risk information
                                               following topics for presenting                                  proposed collection of information                     in specific numeric formats (e.g.,
                                               quantitative efficacy and risk                                   before submitting the collection to OMB                absolute frequencies or percentages;
                                               information in DTC promotional                                   for approval. To comply with this                      whole numbers; denominators with a
                                               materials, based on current research                             requirement, FDA is publishing notice                  base of 10) and with appropriate context
                                               findings related to communicating                                of the proposed collection of                          (e.g., adding absolute frequency
                                               health information:                                              information set forth in this document.                presentations to relative frequency
                                               • Presenting probability information in                             With respect to the following                       presentations); provides formatting
                                                  terms of absolute frequencies,                                collection of information, FDA invites                 considerations for illustrating
                                                  percentages, and relative frequencies                         comments on these topics: (1) Whether                  quantitative efficacy or risk information
                                               • Formatting quantitative efficacy or                            the proposed collection of information                 in a visual aid; and recommends that
                                                  risk information                                              is necessary for the proper performance                firms include quantitative efficacy or
                                               • Using visual aids to illustrate                                of FDA’s functions, including whether                  risk information about the control group
                                                  quantitative efficacy or risk                                 the information will have practical                    when it is provided for the treatment
                                                  information                                                   utility; (2) the accuracy of FDA’s                     group in DTC promotional materials.
                                               • Providing quantitative efficacy or risk                        estimate of the burden of the proposed                    According to FDA data,
                                                  information for the treatment group                           collection of information, including the               approximately 40,000 FDA-regulated
                                                  and the control group                                         validity of the methodology and                        DTC promotional materials are prepared
                                                  This draft guidance is being issued                           assumptions used; (3) ways to enhance                  by approximately 404 firms annually,
                                               consistent with FDA’s good guidance                              the quality, utility, and clarity of the               and of these materials, the Agency
                                               practices regulation (21 CFR 10.115).                            information to be collected; and (4)                   estimates that approximately 40 percent
                                               The draft guidance, when finalized, will                         ways to minimize the burden of the                     contain presentations of quantitative
                                               represent FDA’s recommendations for                              collection of information on                           efficacy or risk information. Based on
                                               ‘‘Presenting Quantitative Efficacy and                           respondents, including through the use                 this information, FDA estimates that
                                               Risk Information in Direct-to-Consumer                           of automated collection techniques,                    approximately 40 percent (160) firms
                                               Promotional Labeling and                                         when appropriate, and other forms of                   will disseminate 16,000 DTC
                                               Advertisements.’’ It does not establish                          information technology.                                promotional materials that contain
                                               any rights for any person and is not                                Title: Presenting Quantitative Efficacy             quantitative efficacy or risk information
                                               binding on FDA or the public. You can                            and Risk Information in Direct-to-                     annually, and therefore may be subject
                                               use an alternative approach if it satisfies                      Consumer Promotional Labeling and                      to the third-party disclosures. Based on
                                               the requirements of the applicable                               Advertisements.                                        its experience reviewing FDA-regulated
                                               statutes and regulations. This guidance                             Description of Respondents:                         promotional materials for drugs, FDA
                                               is not subject to Executive Order 12866.                         Respondents to this collection of                      estimates that it will take firms
                                                                                                                information are manufacturers, packers,                approximately 2 hours to make the
                                               II. Paperwork Reduction Act of 1995                              and distributors and their                             disclosures recommended in the draft
                                                  Under the Paperwork Reduction Act                             representatives (firms) of human                       guidance if they choose to include
                                               of 1995 (PRA) (44 U.S.C. 3501–3520),                             prescription drugs, including                          quantitative efficacy or risk information
                                               Federal Agencies must obtain approval                            prescription biological products, and                  in their DTC promotional materials and
                                               from the Office of Management and                                animal prescription and OTC drugs.                     follow the recommendations of this
                                               Budget (OMB) for each collection of                                 Burden Estimate: The draft guidance                 guidance.
                                               information they conduct or sponsor.                             provides recommendations on how                           FDA estimates the burden of this
                                               ‘‘Collection of information’’ is defined                         firms should present quantitative                      collection of information as follows:

                                                                                                     TABLE 1—ESTIMATED ANNUAL REPORTING BURDEN 1
                                                                                                                                                  Number of dis-                          Average
                                                                                                                                   Number of                          Total annual
                                                                         Type of information                                                       closures per                          burden per   Total hours
                                                                                                                                  respondents                         disclosures
                                                                                                                                                    respondent                           disclosure

                                               Recommended information to be included when firms dis-
                                                 seminate promotional materials that contain quantitative
                                                 efficacy or risk information ...............................................        160                  100           16,000               2          32,000
                                                  1 There   are no capital costs or operating and maintenance costs associated with this collection of information.
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                                               III. Electronic Access                                           Guidances/default.htm, https://                        Enforcement/GuidanceforIndustry/
                                                                                                                www.fda.gov/BiologicsBloodVaccines/                    default.htm, or https://
                                                 Persons with access to the internet                            GuidanceCompliance                                     www.regulations.gov.
                                               may obtain the draft guidance at https://                        RegulatoryInformation/Guidances/
                                               www.fda.gov/Drugs/Guidance                                       default.htm, https://www.fda.gov/
                                               ComplianceRegulatoryInformation/                                 AnimalVeterinary/GuidanceCompliance


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                                                                         Federal Register / Vol. 83, No. 201 / Wednesday, October 17, 2018 / Notices                                            52487

                                                 Dated: October 11, 2018.                              that if you include your name, contact                of comments to public dockets, see 80
                                               Leslie Kux,                                             information, or other information that                FR 56469, September 18, 2015, or access
                                               Associate Commissioner for Policy.                      identifies you in the body of your                    the information at: https://www.gpo.gov/
                                               [FR Doc. 2018–22568 Filed 10–16–18; 8:45 am]            application, that information will be                 fdsys/pkg/FR-2015-09-18/pdf/2015-
                                               BILLING CODE 4164–01–P                                  posted on https://www.regulations.gov.                23389.pdf.
                                                                                                          • If you want to submit an                            Docket: For access to the docket, go to
                                                                                                       application with confidential                         https://www.regulations.gov and insert
                                               DEPARTMENT OF HEALTH AND                                information that you do not wish to be                the docket number, found in brackets in
                                               HUMAN SERVICES                                          made available to the public, submit the              the heading of this document, into the
                                                                                                       application as a written/paper                        ‘‘Search’’ box and follow the prompts
                                               Food and Drug Administration                            submission and in the manner detailed                 and/or go to the Dockets Management
                                               [Docket No. FDA–2013–N–1018]
                                                                                                       (see ‘‘Written/Paper Submissions’’ and                Staff, 5630 Fishers Lane, Rm. 1061,
                                                                                                       ‘‘Instructions’’).                                    Rockville, MD 20852 between 9 a.m.
                                               Isachi Gil; Denial of Hearing; Final                    Written/Paper Submissions                             and 4 p.m., Monday through Friday.
                                               Debarment Order                                                                                               Publicly available submissions may be
                                                                                                          Submit written/paper submissions as                seen in the docket.
                                               AGENCY:    Food and Drug Administration,                follows:
                                                                                                          • Mail/Hand delivery/Courier (for                  FOR FURTHER INFORMATION CONTACT:
                                               HHS.
                                                                                                       written/paper submissions): Dockets                   Rachael V. Linowes, Office of Scientific
                                               ACTION:   Notice.
                                                                                                       Management Staff (HFA–305), Food and                  Integrity, Food and Drug
                                               SUMMARY:    The Food and Drug                           Drug Administration, 5630 Fishers                     Administration, 10903 New Hampshire
                                               Administration (FDA) is denying Isachi                  Lane, Rm. 1061, Rockville, MD 20852.                  Ave., Bldg. 1, Rm. 4206, Silver Spring,
                                               Gil’s (Gil’s) request for a hearing and                    • For a written/paper application                  MD 20993, 240–402–5931.
                                               issuing an order under the Federal                      submitted to the Dockets Management                   SUPPLEMENTARY INFORMATION:
                                               Food, Drug, and Cosmetic Act (FD&C                      Staff, FDA will post your application, as
                                               Act) debarring Gil for 6 years from                                                                           I. Background
                                                                                                       well as any attachments, except for
                                               providing services in any capacity to a                 information submitted, marked and                        Section 306(b)(2)(B)(ii)(I) of the FD&C
                                               person that has an approved or pending                  identified, as confidential, if submitted             Act (21 U.S.C. 335a(b)(2)(B)(ii)(I))
                                               drug product application. FDA bases                     as detailed in ‘‘Instructions.’’                      permits FDA to debar an individual if it
                                               this order on findings that Gil was                        Instructions: Your application must                finds that the individual: (1) Has been
                                               convicted of 12 felonies under Federal                  include the Docket No. FDA–2013–N–                    convicted of a felony that involves
                                               Law involving fraud or falsification and                1018. An application will be placed in                bribery, payment of illegal gratuities,
                                               that Gil has demonstrated a pattern of                  the docket and, unless submitted as                   fraud, perjury, false statement,
                                               conduct sufficient to find that there is                ‘‘Confidential Submissions,’’ publicly                racketeering, blackmail, extortion,
                                               reason to believe she may violate                       viewable at https://www.regulations.gov               falsification or destruction of records, or
                                               requirements under the FD&C Act                         or at the Dockets Management Staff                    interference with, obstruction of an
                                               relating to drug products. In                           between 9 a.m. and 4 p.m., Monday                     investigation into, or prosecution of, any
                                               determining the appropriateness and                     through Friday.                                       criminal offense and (2) based on the
                                               period of Gil’s debarment, FDA                             • Confidential Submissions—To                      conviction and other information, has
                                               considered the relevant factors listed in               submit an application with confidential               demonstrated a pattern of conduct
                                               the FD&C Act. Gil failed to file with the               information that you do not wish to be                sufficient to find that there is reason to
                                               Agency information and analyses                         made publicly available, submit your                  believe that the person may violate
                                               sufficient to create a basis for a hearing              application only as a written/paper                   requirements under the FD&C Act
                                               concerning this action.                                 submission. You should submit two                     relating to drug products.
                                               DATES: This order is applicable October                 copies total. One copy will include the                  On May 24, 2011, a jury found Gil
                                               17, 2018.                                               information you claim to be confidential              guilty of 12 felonies. On September 28,
                                               ADDRESSES: Any application for                          with a heading or cover note that states              2011, the U.S. District Court for the
                                               termination of debarment by Gil under                   ‘‘THIS DOCUMENT CONTAINS                              Southern District of Florida entered
                                               section 306(d) of the FD&C Act                          CONFIDENTIAL INFORMATION.’’ The                       judgment against her for five counts of
                                               (application) may be submitted as                       Agency will review this copy, including               felony healthcare fraud, in violation of
                                               follows:                                                the claimed confidential information, in              18 U.S.C. 1347, and seven counts of
                                                                                                       its consideration of your application.                felony false statements related to
                                               Electronic Submissions                                  The second copy, which will have the                  healthcare matters, in violation of 18
                                                 • Federal eRulemaking Portal:                         claimed confidential information                      U.S.C. 1035(a)(2). The court sentenced
                                               https://www.regulations.gov. Follow the                 redacted/blacked out, will be available               Gil to 43 months in prison, with 3 years
                                               instructions for submitting comments.                   for public viewing and posted on                      of supervised release.
                                               An application submitted electronically,                https://www.regulations.gov. Submit                      Gil’s convictions stemmed from her
                                               including attachments, to https://                      both copies to the Dockets Management                 work as a registered nurse in the home
                                               www.regulations.gov will be posted to                   Staff. If you do not wish your name and               health field. From around March 14,
                                               the docket unchanged. Because your                      contact information to be made publicly               2007, through about July 15, 2009, Gil
                                               application will be made public, you are                available, you can provide this                       worked as a registered nurse, employed
                                               solely responsible for ensuring that your               information on the cover sheet and not                by a nursing staffing company and local
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                                               application does not include any                        in the body of your application and you               home health agencies. During this time,
                                               confidential information that you or a                  must identify this information as                     Gil knowingly and willfully submitted
                                               third party may not wish to be posted,                  ‘‘confidential.’’ Any information marked              and caused the submission of false and
                                               such as medical information, your or                    as ‘‘confidential’’ will not be disclosed             fraudulent claims to Medicare, seeking
                                               anyone else’s Social Security number, or                except in accordance with 21 CFR 10.20                reimbursement for various home health
                                               confidential business information, such                 and other applicable disclosure law. For              services she had not provided.
                                               as a manufacturing process. Please note                 more information about FDA’s posting                  Specifically, Gil falsified and caused


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Document Created: 2018-10-17 01:48:28
Document Modified: 2018-10-17 01:48:28
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 of availability.
DatesSubmit either electronic or written comments on the draft guidance by December 17, 2018 to ensure that the Agency considers your comment on this draft guidance before it begins work on the final version of the guidance.
ContactElizabeth Pepinsky, Center for Drug Evaluation and Research, Food and Drug Administration, 10903 New Hampshire Ave., Bldg. 51, Rm. 3248, Silver Spring, MD 20993-0002, 301- 796-1200; or Stephen Ripley, Center for Biologics Evaluation and Research, Food and Drug Administration, 10903 New Hampshire Ave., Bldg. 71, Rm. 7301, Silver Spring, MD 20993-0002, 240-402-7911; or Tom Moskal, Center for Veterinary Medicine (HFV-216), 7519 Standish Pl., Rockville, MD 20855, 240-402-6251.
FR Citation83 FR 52484 

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