[Federal Register Volume 74, Number 100 (Wednesday, May 27, 2009)]
[Notices]
[Pages 25245-25246]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-12255]
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DEPARTMENT OF HEALTH AND HUMAN SERVICES
Food and Drug Administration
[Docket No. FDA-2008-D-0253]
Draft Guidance for Industry on Presenting Risk Information in
Prescription Drug and Medical Device Promotion; Availability
AGENCY: Food and Drug Administration, HHS.
ACTION: Notice.
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SUMMARY: The Food and Drug Administration (FDA) is announcing the
availability of a draft guidance for industry entitled ``Presenting
Risk Information in Prescription Drug and Medical Device Promotion.''
This guidance responds to stakeholder requests for specific guidance on
how FDA evaluates prescription drug and device promotional pieces to
determine whether they adequately present risk information. The
guidance describes and discusses the factors FDA considers when
evaluating prescription drug advertisements (ads), restricted device
ads, and prescription drug and device promotional labeling for their
compliance with the Federal Food, Drug, and Cosmetic Act (the act) and
relevant regulations. The guidance gives examples to illustrate FDA's
thinking on these factors and is intended to help regulated industry
gain a better understanding of what they should consider as they
develop the content and format of their promotional communications.
DATES: Although you can comment on any guidance at any time (see 21
CFR 10.115(g)(5)), to ensure that the agency considers your comments on
this draft guidance before it begins work on the final version of the
guidance, submit written or electronic comments on the draft guidance
by August 25, 2009. General comments on agency guidance documents are
welcome at any time.
ADDRESSES: Submit written requests for single copies of the draft
guidance to the Division of Drug Information, Center for Drug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, 10903 New
Hampshire Ave., Bldg. 51, rm. 2201, Silver Spring, MD 20993-0002. Send
one self-addressed adhesive label to assist that office in processing
your requests. Submit written comments on the draft guidance to the
Division of Dockets Management (HFA-305), Food and Drug Administration,
5630 Fishers Lane, rm. 1061, Rockville, MD 20852. Submit electronic
comments to http://www.regulations.gov. See the SUPPLEMENTARY
INFORMATION section for electronic access to the draft guidance
document.
FOR FURTHER INFORMATION CONTACT: Regarding human prescription drugs:
Kristin Davis, Center for Drug Evaluation and Research, Food and Drug
Administration, 10903 Hampshire Ave., Bldg. 22, Silver Spring, MD
20993, 301-796-1200.
Regarding prescription human biological products: Ele Ibarra-Pratt,
Center for Biologics Evaluation and Research (HFM-602), Food and Drug
Administration, 5515 Security Lane, Rockville, MD 20852-1448, 301-827-
3028.
Regarding medical device products: Ann Simoneau, Center for Devices
and Radiological Health (HFZ-302), 2094 Gaither Rd., Rockville, MD
20850, 240-276-0100.
Regarding prescription animal drug products: Martine Hartogensis,
Center for Veterinary Medicine (HFV-216), 7519 Standish Pl., Rockville,
MD 20855, 240-453-6833.
SUPPLEMENTARY INFORMATION:
I. Background
FDA is announcing the availability of a draft guidance for industry
entitled ``Presenting Risk Information in
[[Page 25246]]
Prescription Drug and Medical Device Promotion.'' FDA has
responsibility under the act for regulating promotional labeling for
prescription drugs and devices and advertising for prescription drugs
and restricted devices. As required by the act and regulations, FDA
evaluates the promotional materials for these products to determine
whether the promotional materials for the product convey an accurate
and nonmisleading net impression about the risks and benefits of the
product. The draft guidance describes factors FDA considers when
evaluating the risk information in promotional materials for these
products.
FDA relies on an extensive body of knowledge regarding human
cognition in assessing which factors to consider in evaluating
promotional materials and making regulatory decisions about the
presentation of risk information. In this draft guidance, FDA discusses
both the content and format factors that are relevant to its
determination of whether promotional materials adequately present risk
information and provides numerous examples to illustrate FDA's thinking
on these factors. The agency also makes recommendations about how
manufacturers can develop the content and format of their promotional
materials to comply with the requirements. The recommendations in the
guidance apply to both consumer- and professional-directed promotional
materials.
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 the agency's current thinking on risk
information in prescription drug and medical device promotion. It does
not create or confer any rights for or on any person and does not
operate to bind FDA or the public. An alternative approach may be used
if such approach satisfies the requirements of the applicable statutes
and regulations.
II. Comments
Interested persons may submit to the Division of Dockets Management
(see ADDRESSES) written or electronic comments regarding this document.
Submit a single copy of electronic comments or two paper copies of any
mailed comments, except that individuals may submit one paper copy.
Comments are to be identified with the docket number found in brackets
in the heading of this document. Received comments may be seen in the
Division of Dockets Management between 9 a.m. and 4 p.m., Monday
through Friday.
III. Electronic Access
Persons with access to the Internet may obtain the document at
either http://www.fda.gov/cder/guidance/index.htm or http://www.regulations.gov.
Dated: May 13, 2009.
Jeffrey Shuren,
Associate Commissioner for Policy and Planning.
[FR Doc. E9-12255 Filed 5-26-09; 8:45 am]
BILLING CODE 4160-01-S