Agency Information Collection Activities; Submission for Office of Management and Budget Review; Comment Request; Experimental Evaluation of the Impact of Distraction on Consumer Understanding of Risk and Benefit Information in Direct-to-Consumer Prescription Drug Broadcast Advertisements, 45773-45776 [E8-18091]

Download as PDF 45773 Federal Register / Vol. 73, No. 152 / Wednesday, August 6, 2008 / Notices a State’s programs and provides assurances the programs will be administered in conformity with the specific requirements stipulated in title IV–E. The plan must include all applicable State statutory, regulatory, or policy references and citation for each requirement as well as supporting documentation. A State may use the pre-print format prepared by the Children’s Bureau of the Administration for Children and Families or a different format on the condition that the format used includes all of the title IV–E State plan requirements of the Act. Respondents: State and Territorial Agencies (State Agencies) administering or supervising the administration of the title TV–B program. ANNUAL BURDEN ESTIMATES Instrument Number of respondents Number of responses Average burden hours per response Total burden hours Title IV–E State Plan ....................................................................................... 13 1 15 195 Estimated Total Annual Burden Hours: 195. Additional Information: Copies of the proposed collection may be obtained by writing to the Administration for Children and Families, Office of Administration, Office of Information Services, 370 L’Enfant Promenade, SW., Washington, DC 20447, Attn: ACF Reports Clearance Officer. All requests should be identified by the title of the information collection. E-mail address: infocollection@acf.hhs.gov. OMB Comment: OMB is required to make a decision concerning the collection of information between 30 and 60 days after publication of this document in the Federal Register. Therefore, a comment is best assured of having its full effect if OMB receives it within 30 days of publication. Written comments and recommendations for the proposed information collection should be sent directly to the following: Office of Management and Budget, Paperwork Reduction Project, Fax: 202–395–6974, Attn: Desk Officer for the Administration for Children and Families. Dated: July 30, 2008. Janean Chambers, Reports Clearance Officer. [FR Doc. E8–17869 Filed 8–5–08; 8:45 am] ACTION: Notice. DEPARTMENT OF HEALTH AND HUMAN SERVICES SUMMARY: The Food and Drug Administration (FDA) is announcing that a collection of information entitled ‘‘Customer/Partner Service Surveys’’ has been approved by the Office of Management and Budget (OMB) under the Paperwork Reduction Act of 1995. FOR FURTHER INFORMATION CONTACT: Jonna Capezzuto, Office of Information Management (HFA–710), Food and Drug Administration, 5600 Fishers Lane, Rockville, MD 20857, 301–796–3794. In the Federal Register of April 10, 2008 (73 FR 19510), the agency announced that the proposed information collection had been submitted to OMB for review and clearance under 44 U.S.C. 3507. An agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless it displays a currently valid OMB control number. OMB has now approved the information collection and has assignedOMB control number 0910– 0360. The approval expires on July 31, 2011. A copy of the supporting statement for this information collection is available on the Internet at https:// www.reginfo.gov/public/do/PRAMain. SUPPLEMENTARY INFORMATION: Dated: July 30, 2008. Jeffrey Shuren, Associate Commissioner for Policy and Planning. [FR Doc. E8–17906 Filed 8–5–08; 8:45 am] BILLING CODE 4184–01–M DEPARTMENT OF HEALTH AND HUMAN SERVICES Food and Drug Administration BILLING CODE 4160–01–S mstockstill on PROD1PC66 with NOTICES [Docket No. FDA–2008–N–0202] (formerly Docket No. 2008N–0009) Agency Information Collection Activities; Announcement of Office of Management and Budget Approval; Customer/Partner Service Surveys AGENCY: Food and Drug Administration, HHS. VerDate Aug<31>2005 16:46 Aug 05, 2008 Jkt 214001 PO 00000 Frm 00081 Fmt 4703 Sfmt 4703 Food and Drug Administration [Docket No. FDA–2007–N–0451] (formerly Docket No. 2007N–0321) Agency Information Collection Activities; Submission for Office of Management and Budget Review; Comment Request; Experimental Evaluation of the Impact of Distraction on Consumer Understanding of Risk and Benefit Information in Direct-toConsumer Prescription Drug Broadcast Advertisements AGENCY: Food and Drug Administration, HHS. ACTION: Notice. SUMMARY: The Food and Drug Administration (FDA) is announcing that a proposed collection of information has been submitted to the Office of Management and Budget (OMB) for review and clearance under the Paperwork Reduction Act of 1995. DATES: Fax written comments on the collection of information by September 5, 2008. ADDRESSES: To ensure that comments on the information collection are received, OMB recommends that written comments be faxed to the Office of Information and Regulatory Affairs, OMB, Attn: FDA Desk Officer, FAX: 202–395–6974, or e-mailed to baguilar@omb.eop.gov. All comments should be identified with the OMB control number 0910–NEW and title ‘‘Experimental Evaluation of the Impact of Distraction on Consumer Understanding of Risk and Benefit Information in Direct-to-Consumer Prescription Drug Broadcast Advertisements.’’ Also include the FDA docket number found in brackets in the heading of this document. FOR FURTHER INFORMATION CONTACT: Elizabeth Berbakos, Office of Information Management (HFA–710), E:\FR\FM\06AUN1.SGM 06AUN1 45774 Federal Register / Vol. 73, No. 152 / Wednesday, August 6, 2008 / Notices Food and Drug Administration, 5600 Fishers Lane, Rockville, MD 20857, 301–796–3792. SUPPLEMENTARY INFORMATION: In compliance with 44 U.S.C. 3507, FDA has submitted the following proposed collection of information to OMB for review and clearance. mstockstill on PROD1PC66 with NOTICES Experimental Evaluation of the Impact of Distraction on Consumer Understanding of Risk and Benefit Information in Direct-to-Consumer Prescription Drug Broadcast Advertisements 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 903(b)(2)(c) of the Federal Food, Drug, and Cosmetic Act (the act) (21 U.S.C. 393(b)(2)(c)) authorizes FDA to conduct research relating to drugs and other FDA regulated products in carrying out the provisions of the act. FDA regulations require that advertisements that make claims about a prescription drug include a ‘‘fair balance’’ of information about the benefits and risks of advertised products, in terms of both content and presentation. Ads can present information in ways that can optimize or skew the relative balance of risks and benefits. Both healthcare providers and consumers have expressed concerns to FDA about the effectiveness of its regulation of manufacturers’ Direct-toConsumer (DTC) prescription drug advertising, especially as it relates to assuring balanced communication of risks compared with benefits. One characteristic of DTC television broadcast ads is the use of compelling visuals. Many assert that the visuals present during the product risk presentation are virtually always positive in tone and often depict product benefits. A consistently raised question is if advertising visuals of benefits interferes with consumers’ understanding and processing of the risk information in the ad’s audio or text. The manner in which required risk information is presented in DTC ads has been recently addressed in the Food and Drug Administration Amendments Act of 2007 (FDAAA). Section 901(3) states that the major statement in DTC broadcast ads ‘‘shall be presented in a clear, conspicuous and neutral manner.’’ Further, the Secretary of Health and Human Services ‘‘shall establish standards for determining whether the major statement is presented in such a manner.’’ FDAAA does not define how the objective of VerDate Aug<31>2005 16:46 Aug 05, 2008 Jkt 214001 ‘‘clear, conspicuous, and neutral’’ is to be achieved. The purpose of the proposed study is, in part, to determine whether the use of competing, compelling visual information about potential drug benefits interferes with viewers’ processing and comprehension of risk information about drugs in DTC advertising or with their cognitive representations of the drugs. Positive visual images could influence the processing of risk-related information and the final representation of the advertised drug in multiple ways. First, compelling visuals could simply distract consumers from carefully considering and encoding the risk information. To the extent that compelling visuals cause them to attend to or to process risk information less, participants exposed to risk information with simultaneous compelling positive visuals should recall fewer risks (and perhaps fewer benefits) than do participants exposed to the risk information without the positive visuals. Second, compelling visuals may affect the way consumers think about the brand, specifically their attitudes toward the advertised brand. An attitude is simply an association between an object and a degree of positivity or negativity. Thus, the impact of varying visual displays during the presentation of audio risks may be manifested in varying attitudes toward the brand. This is important because brand attitudes may be an important determinant of future behavior toward the brand. In contexts where product information is complex, initial impressions based on more subtle processes may have as significant an impact on behavioral tendencies as impressions based upon more ‘‘cognitively-effortful’’ factual information. Since visual cues are typically easier to process than verbal information, initial attitudes for this group are likely to be greatly influenced by these cues. Under many circumstances, people rely much less on facts that they know, such as the number of risks associated with, for example, ibuprofen, and much more on general feelings they have, such as strong positivity toward a brand, such as the Advil brand of ibuprofen. Compelling visuals during the audio risk presentation of DTC broadcast advertisements have the potential to lead a consumer to form a positive opinion of a drug for no other reason than that it is presented in the same context as positive images. Another purpose of the present study is to examine the role of textual elements in the processing of risk PO 00000 Frm 00082 Fmt 4703 Sfmt 4703 information. Sponsors often place superimposed text (‘‘supers’’) onto the screen to clarify spoken information or to provide extra information that is not included in the audio. For example, information that fulfills certain requirements (such as adequate provision statements, for example ‘‘See our ad in * * *’’) and limits claims of product use may appear. Providing verbatim text repetition of the risks required to be in the audio portion in broadcast ads may facilitate processing the risks, but only if viewers pay attention to the text. Viewers’ attention may be affected by both the prominence of the textual information and the combined effects of text prominence and different visual information. The proposed study examines these associations. A final purpose of this study is to provide FDA with information on defining the presentation of the major statement as ‘‘clear, conspicuous, and neutral’’ as required by FDAAA. We have limited data about how consumers perceive risk and benefit information in DTC broadcast ads as a function of exposure to different content and presentations. Therefore, we do not fully understand the influence of visual and textual factors on the conveyance of a balanced or ‘‘neutral’’ picture of the product. This study will investigate the impact of visual distraction and the interplay of different sensory modalities (oral, visual) used to present risk and benefit information during a television prescription drug advertisement. Data from this study will provide useful information for FDA as it considers whether it is appropriate to develop guidance to help improve how broadcast ads present a prescription drug’s risks and benefits. This study will also provide preliminary data on how FDA might interpret the ‘‘clear, conspicuous, and neutral’’ standard. The data should help us plan whether additional research is needed to develop the standards called for in FDAAA. Overview: To investigate the overall and interactive role of visual images and text presentations during the audio presentation of risk information in television DTC ads, we will create a variety of ads for a new (fictitious) brand of high blood pressure medication. The ads will vary only in the type of information shown on screen during the presentation of required risk information (the ‘‘major statement’’). We will conduct pretesting to determine whether participants will view one version of the test ad two times or if the test ad will be viewed in the context of other ads (‘‘clutter reel’’). Respondents E:\FR\FM\06AUN1.SGM 06AUN1 45775 Federal Register / Vol. 73, No. 152 / Wednesday, August 6, 2008 / Notices will answer questions about the test ad, including information about product risks and benefits, whether they intend to ask the doctor about the product, basic comprehension of the risk and benefit information, and their general attitudes toward the product. This experimental design will allow for comparisons between conditions in a controlled presentation where only the visual information varies. Design: The study includes two primary designs that, taken together, investigate three different variables. A one-way, 5 condition design will examine the impact of degree of consistency between visuals presented during orally presented (audio) risk information. The visuals will be either very consistent, somewhat consistent, neutral, somewhat inconsistent, or very inconsistent with the audio risk information. The consistent conditions will visually reinforce the product risks by presenting the words of the risks on the screen as they are being spoken. The inconsistent conditions will reinforce the product’s benefits by presenting visuals that suggest blood pressure being decreased from high to normal levels. The degree or magnitude of consistency will be manipulated by including fewer pieces of information, interspersed with images of the fictitious drug logo. A control or ‘‘neutral’’ condition will consist of showing the brand logo during the entire audio risk presentation. The second design will be a two-way factorial design combining each level of one independent variable with each level of a second independent variable. The first variable consists of three levels of visual ‘‘tone’’—neutral, mildly positive, and highly positive. The second variable consists of three levels of prominence of ‘‘supers’’—level one, level two, and no SUPER (control). Because the control cell in each of the 2 designs will overlap (neutral, no SUPERs), both designs together will amount to a total of 13 separate ‘‘cells,’’ and corresponding versions of advertisements for the fictitious brand. In a separate sub-experiment, 5 selected cells taken from across the two designs will assess implicit attitudes using the Attitude Misattribution Procedure (AMP). The questions asked of the participants in the AMP conditions will be reduced in number to account for the additional time needed to administer the AMP. Eligible participants for the study (n= 2,400, following pretesting) will be recruited from Synovate Inc.’s online Internet panel. They will be 40 years of age or older to increase the likelihood of including members of the population most likely to have high blood pressure. At least 30% of the recruited sample within each of the designs will have equal to or less than a high school education. The composition of participants in each format condition will be balanced with respect to gender (50% female, +/- 10%). Panel members who meet age and education requirements will not be screened further for disease condition. Dependent Measures: The primary dependent variables are recall and comprehension of risk and benefit information. We will also investigate behavioral intention and attitudes toward the fictitious brand. In a separate sub-experiment using only five cells throughout both designs, we will use the AMP, in addition to some explicit measures, to collect implicit attitude measures that should not be affected by social desirability biases. In the Federal Register of August 22, 2007 (72 FR 47051), FDA published a 60-day notice requesting public comment on the information collection provisions. Thirty commenters responded. In total, this amounted to approximately 29 distinct comments that specifically referenced the study. Of these, 12 were not PRA related. As a result of the comments that were PRArelated, FDA made extensive modifications to the study’s methodology and design. As reflected in these modifications, we agreed to: (1) Change from a mall-intercept to an Internet administered procedure, (2) limit use of the AMP to a subexperiment consisting of only five of the experimental conditions, (3) add questions addressing the advertised (fictitious) drug’s benefits, and (4) make certain changes to the wording of the questions. Changing the administration procedure also allows us to double our sample size and test more conditions. In response to comments received both by the commenters and by our peer reviewers, we also decided to conduct significantly more pretesting than originally planned to address the suggestion that the test ad should be embedded in a clutter reel of other ads and to test the validity of the stimulus manipulations (the mocked up advertisements). We disagreed, primarily because of time and complexity constraints, with suggestions to: (1) Add more independent variables, (2) recruit a different set of participants, (3) change the use of Chinese characters in the (now more limited) AMP-measured conditions, (4) add certain additional dependent measures, (5) increase or decrease the number of behavioral intention questions (both were requested), (6) control for baseline attitudes (because this is not needed in an experimental design and we are using a fictitious drug for the stimulus materials), or (7) get industry approval and public comment on the mocked up ads. FDA estimates the burden of this collection of information as follows: TABLE 1.—ESTIMATED ANNUAL REPORTING BURDEN1 No. of Respondents 21 CFR Section 21 U.S.C. 393(b)(2)(c) Screener, pretesting Annual Frequency per Response Total Annual Responses Hours per Response Total Hours 1,600 1 1,600 .03 48 800 1 800 .16 128 21 U.S.C. 393(b)(2)(c) Screener, study 4,800 1 4,800 .03 144 21 U.S.C. 393(b)(2)(c) Questionnaire, study 2,400 1 2,400 .25 600 mstockstill on PROD1PC66 with NOTICES 21 U.S.C. 393(b)(2)(c) Questionnaire, pretesting Total 1There 930 are no capital costs or operating and maintenance costs associated with this collection of information. VerDate Aug<31>2005 16:46 Aug 05, 2008 Jkt 214001 PO 00000 Frm 00083 Fmt 4703 Sfmt 4703 E:\FR\FM\06AUN1.SGM 06AUN1 45776 Federal Register / Vol. 73, No. 152 / Wednesday, August 6, 2008 / Notices Dated: July 30, 2008. Jeffrey Shuren, Associate Commissioner for Policy and Planning. [FR Doc. E8–18091 Filed 8–5–08; 8:45 am] BILLING CODE 4160–01–S DEPARTMENT OF HOMELAND SECURITY Coast Guard [Docket No. USCG–2008–0462] Printing of Coast Guard Light Lists Coast Guard, DHS. Notice. AGENCY: ACTION: SUMMARY: The Coast Guard publishes Light List Volumes 1–4 and 6–7 annually; with Volume 5 being published biennially. In order to adjust to a new printing cycle, the Coast Guard will not publish the 2008 editions of the Light Lists as required by 33 CFR 72.05– 1 (50 FR 50904), except for Light List Volume 5 (Mississippi River System). The Coast Guard is changing the publication cycle of the Light List so that annual editions are available early in each calendar year. Since the printing of the 2007 editions occurred in November 2007, they will remain effective for approximately 14 months. FOR FURTHER INFORMATION CONTACT: If you have questions on this notice, email Mr. Frank Parker, U.S. Coast Guard Headquarters, at frank.parker@uscg.mil call or telephone him at 202–372–1551. SUPPLEMENTARY INFORMATION: Between the printing of editions, each Light List is required to be kept up-to-date every week by applying corrections published in the applicable Coast Guard Local Notices to Mariners or the National Geospatial-Intelligence Agency’s (NGA) Weekly Notice to Mariners. The requirement to apply corrections is stated in each volume. By applying the corrections, mariners are able to maintain up-to-date publications regardless of the frequency of newly printed editions. With the cost of each Light List being between $35–$50, mariners will not have to incur the costs of the new editions in 2008. The 2009 editions of Volumes 1–4 and 6–7 will be published in early 2009. To ensure ample and adequate notification is made to the mariner, the Coast Guard will publish information regarding this temporary change to the printing cycle in the notices to mariners, on the Coast Guard’s Navigation Center (NAVCEN) Web site (https:// www.navcen.uscg.gov), and other forms of communications. Coast Guard inspectors will also be informed of this temporary change. Dated: July 23, 2008. James A. Watson, Rear Admiral, U.S. Coast Guard, Director of Prevention Policy. [FR Doc. E8–18084 Filed 8–5–08; 8:45 am] BILLING CODE 4910–15–P DEPARTMENT OF HOMELAND SECURITY Federal Emergency Management Agency Agency Information Collection Activities: Proposed Collection; Comment Request Federal Emergency Management Agency, DHS. ACTION: Notice; 60-day notice and request for comments; new collection, 1660–NW32; FEMA Form 90–152. AGENCY: SUMMARY: The Federal Emergency Management Agency, as part of its continuing effort to reduce paperwork and respondent burden, invites the general public and other Federal agencies to take this opportunity to comment on a new information collection. In accordance with the Paperwork Reduction Act of 1995, this notice seeks comments concerning the FEMA Public Assistance Program Customer Satisfaction Survey results to measure program performance. SUPPLEMENTARY INFORMATION: Executive Order 12862 requires that all Federal agencies survey customers to determine the kind and quality of services they want and their level of satisfaction with existing services. The Government Performance and Results Act (GPRA) requires agencies to set missions and goals, and measure performance against them. FEMA will fulfill these requirements by collecting customer satisfaction with service and program evaluation information through administration of surveys of the Disaster Assistance Directorate (DAD) external customers. Collection of Information Title: FEMA Public Assistance Program Customer Satisfaction Survey. Type of Information Collection: New. OMB Number: 1660–NW32. Form Numbers: FEMA Form 90–152, FEMA Public Assistance Program Customer Satisfaction Survey. Abstract: The purpose of the FEMA Public Assistance Program Customer Satisfaction Survey is to measure program performance against standards for performance and customer service: measure achievement of GPRA objectivities: and generally gauge and make improvements to disaster services that increase customer satisfaction and program effectiveness. Affected Public: Business or other forprofit, Not-for-profit, Farms, Federal Government, State, Local and Tribal Government. Estimated Total Annual Hour Burden: 1,920 hours. ANNUAL HOUR BURDEN mstockstill on PROD1PC66 with NOTICES PA Mailed Survey ................................................................ PA Focus Groups ................................................................ Total .............................................................................. Estimated Cost: The estimated annual cost to the Federal Government is $348,678.57. Comments: Written comments are solicited to (a) Evaluate whether the proposed data collection is necessary for VerDate Aug<31>2005 16:46 Aug 05, 2008 Jkt 214001 No. of respondents Frequency of responses Hour burden per response (hours) Annual responses Total annual hour burden (hours) (A) Project/activity (survey, form(s), focus group, worksheet, etc.) (B) (C) (D) = (A x B) (E) = (C x D) 1 1 ........................ 0.3 12 ........................ 3,200 80 3,280 the proper performance of the agency, including whether the information shall have practical utility; (b) evaluate the accuracy of the agency’s estimate of the burden of the proposed collection of information, including the validity of PO 00000 Frm 00084 Fmt 4703 Sfmt 4703 3,200 80 3,280 960 960 1,920 the methodology and assumptions used; (c) enhance the quality, utility, and clarity of the information to be collected; and (d) minimize the burden of the collection of information on those who are to respond, including through E:\FR\FM\06AUN1.SGM 06AUN1

Agencies

[Federal Register Volume 73, Number 152 (Wednesday, August 6, 2008)]
[Notices]
[Pages 45773-45776]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-18091]


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

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2007-N-0451] (formerly Docket No. 2007N-0321)


Agency Information Collection Activities; Submission for Office 
of Management and Budget Review; Comment Request; Experimental 
Evaluation of the Impact of Distraction on Consumer Understanding of 
Risk and Benefit Information in Direct-to-Consumer Prescription Drug 
Broadcast Advertisements

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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

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

DATES: Fax written comments on the collection of information by 
September 5, 2008.

ADDRESSES:  To ensure that comments on the information collection are 
received, OMB recommends that written comments be faxed to the Office 
of Information and Regulatory Affairs, OMB, Attn: FDA Desk Officer, 
FAX: 202-395-6974, or e-mailed to baguilar@omb.eop.gov. All comments 
should be identified with the OMB control number 0910-NEW and title 
``Experimental Evaluation of the Impact of Distraction on Consumer 
Understanding of Risk and Benefit Information in Direct-to-Consumer 
Prescription Drug Broadcast Advertisements.'' Also include the FDA 
docket number found in brackets in the heading of this document.

FOR FURTHER INFORMATION CONTACT: Elizabeth Berbakos, Office of 
Information Management (HFA-710),

[[Page 45774]]

Food and Drug Administration, 5600 Fishers Lane, Rockville, MD 20857, 
301-796-3792.

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

Experimental Evaluation of the Impact of Distraction on Consumer 
Understanding of Risk and Benefit Information in Direct-to-Consumer 
Prescription Drug Broadcast Advertisements

    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 903(b)(2)(c) of the Federal Food, Drug, and 
Cosmetic Act (the act) (21 U.S.C. 393(b)(2)(c)) authorizes FDA to 
conduct research relating to drugs and other FDA regulated products in 
carrying out the provisions of the act.
    FDA regulations require that advertisements that make claims about 
a prescription drug include a ``fair balance'' of information about the 
benefits and risks of advertised products, in terms of both content and 
presentation. Ads can present information in ways that can optimize or 
skew the relative balance of risks and benefits. Both healthcare 
providers and consumers have expressed concerns to FDA about the 
effectiveness of its regulation of manufacturers' Direct-to-Consumer 
(DTC) prescription drug advertising, especially as it relates to 
assuring balanced communication of risks compared with benefits.
    One characteristic of DTC television broadcast ads is the use of 
compelling visuals. Many assert that the visuals present during the 
product risk presentation are virtually always positive in tone and 
often depict product benefits. A consistently raised question is if 
advertising visuals of benefits interferes with consumers' 
understanding and processing of the risk information in the ad's audio 
or text.
    The manner in which required risk information is presented in DTC 
ads has been recently addressed in the Food and Drug Administration 
Amendments Act of 2007 (FDAAA). Section 901(3) states that the major 
statement in DTC broadcast ads ``shall be presented in a clear, 
conspicuous and neutral manner.'' Further, the Secretary of Health and 
Human Services ``shall establish standards for determining whether the 
major statement is presented in such a manner.'' FDAAA does not define 
how the objective of ``clear, conspicuous, and neutral'' is to be 
achieved.
    The purpose of the proposed study is, in part, to determine whether 
the use of competing, compelling visual information about potential 
drug benefits interferes with viewers' processing and comprehension of 
risk information about drugs in DTC advertising or with their cognitive 
representations of the drugs. Positive visual images could influence 
the processing of risk-related information and the final representation 
of the advertised drug in multiple ways. First, compelling visuals 
could simply distract consumers from carefully considering and encoding 
the risk information. To the extent that compelling visuals cause them 
to attend to or to process risk information less, participants exposed 
to risk information with simultaneous compelling positive visuals 
should recall fewer risks (and perhaps fewer benefits) than do 
participants exposed to the risk information without the positive 
visuals. Second, compelling visuals may affect the way consumers think 
about the brand, specifically their attitudes toward the advertised 
brand. An attitude is simply an association between an object and a 
degree of positivity or negativity. Thus, the impact of varying visual 
displays during the presentation of audio risks may be manifested in 
varying attitudes toward the brand. This is important because brand 
attitudes may be an important determinant of future behavior toward the 
brand. In contexts where product information is complex, initial 
impressions based on more subtle processes may have as significant an 
impact on behavioral tendencies as impressions based upon more 
``cognitively-effortful'' factual information. Since visual cues are 
typically easier to process than verbal information, initial attitudes 
for this group are likely to be greatly influenced by these cues. Under 
many circumstances, people rely much less on facts that they know, such 
as the number of risks associated with, for example, ibuprofen, and 
much more on general feelings they have, such as strong positivity 
toward a brand, such as the Advil brand of ibuprofen. Compelling 
visuals during the audio risk presentation of DTC broadcast 
advertisements have the potential to lead a consumer to form a positive 
opinion of a drug for no other reason than that it is presented in the 
same context as positive images.
    Another purpose of the present study is to examine the role of 
textual elements in the processing of risk information. Sponsors often 
place superimposed text (``supers'') onto the screen to clarify spoken 
information or to provide extra information that is not included in the 
audio. For example, information that fulfills certain requirements 
(such as adequate provision statements, for example ``See our ad in * * 
*'') and limits claims of product use may appear. Providing verbatim 
text repetition of the risks required to be in the audio portion in 
broadcast ads may facilitate processing the risks, but only if viewers 
pay attention to the text. Viewers' attention may be affected by both 
the prominence of the textual information and the combined effects of 
text prominence and different visual information. The proposed study 
examines these associations.
    A final purpose of this study is to provide FDA with information on 
defining the presentation of the major statement as ``clear, 
conspicuous, and neutral'' as required by FDAAA. We have limited data 
about how consumers perceive risk and benefit information in DTC 
broadcast ads as a function of exposure to different content and 
presentations. Therefore, we do not fully understand the influence of 
visual and textual factors on the conveyance of a balanced or 
``neutral'' picture of the product.
    This study will investigate the impact of visual distraction and 
the interplay of different sensory modalities (oral, visual) used to 
present risk and benefit information during a television prescription 
drug advertisement. Data from this study will provide useful 
information for FDA as it considers whether it is appropriate to 
develop guidance to help improve how broadcast ads present a 
prescription drug's risks and benefits. This study will also provide 
preliminary data on how FDA might interpret the ``clear, conspicuous, 
and neutral'' standard. The data should help us plan whether additional 
research is needed to develop the standards called for in FDAAA.
    Overview: To investigate the overall and interactive role of visual 
images and text presentations during the audio presentation of risk 
information in television DTC ads, we will create a variety of ads for 
a new (fictitious) brand of high blood pressure medication. The ads 
will vary only in the type of information shown on screen during the 
presentation of required risk information (the ``major statement''). We 
will conduct pretesting to determine whether participants will view one 
version of the test ad two times or if the test ad will be viewed in 
the context of other ads (``clutter reel''). Respondents

[[Page 45775]]

will answer questions about the test ad, including information about 
product risks and benefits, whether they intend to ask the doctor about 
the product, basic comprehension of the risk and benefit information, 
and their general attitudes toward the product. This experimental 
design will allow for comparisons between conditions in a controlled 
presentation where only the visual information varies.
    Design: The study includes two primary designs that, taken 
together, investigate three different variables.
    A one-way, 5 condition design will examine the impact of degree of 
consistency between visuals presented during orally presented (audio) 
risk information. The visuals will be either very consistent, somewhat 
consistent, neutral, somewhat inconsistent, or very inconsistent with 
the audio risk information. The consistent conditions will visually 
reinforce the product risks by presenting the words of the risks on the 
screen as they are being spoken. The inconsistent conditions will 
reinforce the product's benefits by presenting visuals that suggest 
blood pressure being decreased from high to normal levels. The degree 
or magnitude of consistency will be manipulated by including fewer 
pieces of information, interspersed with images of the fictitious drug 
logo. A control or ``neutral'' condition will consist of showing the 
brand logo during the entire audio risk presentation.
    The second design will be a two-way factorial design combining each 
level of one independent variable with each level of a second 
independent variable. The first variable consists of three levels of 
visual ``tone''--neutral, mildly positive, and highly positive. The 
second variable consists of three levels of prominence of ``supers''--
level one, level two, and no SUPER (control).
    Because the control cell in each of the 2 designs will overlap 
(neutral, no SUPERs), both designs together will amount to a total of 
13 separate ``cells,'' and corresponding versions of advertisements for 
the fictitious brand.
    In a separate sub-experiment, 5 selected cells taken from across 
the two designs will assess implicit attitudes using the Attitude 
Misattribution Procedure (AMP). The questions asked of the participants 
in the AMP conditions will be reduced in number to account for the 
additional time needed to administer the AMP.
    Eligible participants for the study (n= 2,400, following 
pretesting) will be recruited from Synovate Inc.'s online Internet 
panel. They will be 40 years of age or older to increase the likelihood 
of including members of the population most likely to have high blood 
pressure. At least 30% of the recruited sample within each of the 
designs will have equal to or less than a high school education. The 
composition of participants in each format condition will be balanced 
with respect to gender (50% female, +/- 10%). Panel members who meet 
age and education requirements will not be screened further for disease 
condition.
    Dependent Measures: The primary dependent variables are recall and 
comprehension of risk and benefit information. We will also investigate 
behavioral intention and attitudes toward the fictitious brand. In a 
separate sub-experiment using only five cells throughout both designs, 
we will use the AMP, in addition to some explicit measures, to collect 
implicit attitude measures that should not be affected by social 
desirability biases.
    In the Federal Register of August 22, 2007 (72 FR 47051), FDA 
published a 60-day notice requesting public comment on the information 
collection provisions. Thirty commenters responded. In total, this 
amounted to approximately 29 distinct comments that specifically 
referenced the study. Of these, 12 were not PRA related. As a result of 
the comments that were PRA-related, FDA made extensive modifications to 
the study's methodology and design. As reflected in these 
modifications, we agreed to: (1) Change from a mall-intercept to an 
Internet administered procedure, (2) limit use of the AMP to a sub-
experiment consisting of only five of the experimental conditions, (3) 
add questions addressing the advertised (fictitious) drug's benefits, 
and (4) make certain changes to the wording of the questions. Changing 
the administration procedure also allows us to double our sample size 
and test more conditions. In response to comments received both by the 
commenters and by our peer reviewers, we also decided to conduct 
significantly more pretesting than originally planned to address the 
suggestion that the test ad should be embedded in a clutter reel of 
other ads and to test the validity of the stimulus manipulations (the 
mocked up advertisements). We disagreed, primarily because of time and 
complexity constraints, with suggestions to: (1) Add more independent 
variables, (2) recruit a different set of participants, (3) change the 
use of Chinese characters in the (now more limited) AMP-measured 
conditions, (4) add certain additional dependent measures, (5) increase 
or decrease the number of behavioral intention questions (both were 
requested), (6) control for baseline attitudes (because this is not 
needed in an experimental design and we are using a fictitious drug for 
the stimulus materials), or (7) get industry approval and public 
comment on the mocked up ads.
    FDA estimates the burden of this collection of information as 
follows:

                                 Table 1.--Estimated Annual Reporting Burden\1\
----------------------------------------------------------------------------------------------------------------
                                     No. of        Annual Frequency     Total Annual        Hours per      Total
        21 CFR Section            Respondents        per Response        Responses           Response      Hours
----------------------------------------------------------------------------------------------------------------
21 U.S.C. 393(b)(2)(c)                     1,600                  1              1,600                .03   48
 Screener, pretesting
----------------------------------------------------------------------------------------------------------------
21 U.S.C. 393(b)(2)(c)                       800                  1                800                .16  128
 Questionnaire, pretesting
----------------------------------------------------------------------------------------------------------------
21 U.S.C. 393(b)(2)(c)                     4,800                  1              4,800                .03  144
 Screener, study
----------------------------------------------------------------------------------------------------------------
21 U.S.C. 393(b)(2)(c)                     2,400                  1              2,400                .25  600
 Questionnaire, study
----------------------------------------------------------------------------------------------------------------
Total                                                                                                      930
----------------------------------------------------------------------------------------------------------------
\1\There are no capital costs or operating and maintenance costs associated with this collection of information.



[[Page 45776]]

    Dated: July 30, 2008.
Jeffrey Shuren,
Associate Commissioner for Policy and Planning.
[FR Doc. E8-18091 Filed 8-5-08; 8:45 am]
BILLING CODE 4160-01-S
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