Agency Information Collection Activities; Submission for Office of Management and Budget Review; Comment Request; Testing Communications on FDA-Regulated Products Used in Animals, 79378-79379 [2010-31891]
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79378
Federal Register / Vol. 75, No. 243 / Monday, December 20, 2010 / Notices
Marvel line of children’s multivitamin
and mineral dietary supplements: (1)
Disney Princess Complete; (2) Disney
Princess Gummies; (3) Disney Pixar Cars
Gummies; (4) Disney Winnie the Pooh
Gummies; (5) Disney Tigger & Pooh
Gummies; (6) Disney Pixar Finding
Nemo Gummies; (7) Disney Pixar WallE Gummies; (8) Disney Pixar Toy Story
Gummies; (9) Marvel Heroes Complete;
and (10) Marvel Heroes Gummies
(collectively, the ‘‘NBTY Products’’).
According to the FTC complaint,
Respondents represented, in
advertisements, that the NBTY Products
contained a significant amount of DHA
(docosahexaenoic acid, a
polyunsaturated Omega-3 fatty acid) or
an amount comparable to 100 mg of
DHA. The complaint alleges that this
claim is false or misleading because, in
fact, a daily serving of the NBTY
products only contained either 0.1 mg of
DHA (which is one thousandth of 100
mg) or 0.05 mg of DHA (which is five
ten-thousandths of 100 mg).
The Commission also charges that
Respondents represented that the DHA
provided by a daily serving of the NBTY
Products promoted healthy brain and
eye development in children two years
of age and older. The FTC alleges that
this claim is false or misleading because
Respondents failed to have evidence to
substantiate it.
The proposed consent order contains
provisions designed to prevent
Respondents from engaging in similar
acts and practices in the future. Part I of
the proposed order prohibits
Respondents from misrepresenting that
any product contains a specific
ingredient or specific numerical amount
of any ingredient.
Part II of the proposed order prohibits
Respondents from making any
representations in advertising for any
product about the health benefits,
performance, or efficacy of the product,
unless the representation is true and
non-misleading. In addition,
Respondents must possess competent
and reliable scientific evidence
sufficient in quality and quantity, when
considered in light of the entire body of
relevant and reliable scientific evidence,
to support such claims as true.
Part III of the proposed order states
that the order does not prohibit
Respondents from making
representations for any drug that are
permitted in labeling for that drug under
any tentative or final standard
promulgated by the FDA, or under any
new drug application approved by the
FDA. This part of the proposed order
also states that the order does not
prohibit Respondents from making
representations for any product that are
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17:18 Dec 17, 2010
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specifically permitted in labeling for
that product by regulations issued by
the FDA under the Nutrition Labeling
and Education Act of 1990.
Part IV of the proposed order requires
Respondents to pay two million, one
hundred thousand dollars ($2,100,000)
to the Commission to be used for
equitable relief, including restitution,
consumer redress, and any attendant
expenses for the administration of such
equitable relief.
Parts V through VIII of the proposed
order require Respondents to keep
copies of relevant advertisements and
materials substantiating claims made in
the advertisements; to provide copies of
the order to certain personnel; to notify
the Commission of changes in corporate
structure that might affect compliance
obligations under the order; and to file
compliance reports with the
Commission. Part IX provides that the
order will terminate after twenty (20)
years, with certain exceptions.
The purpose of this analysis is to
facilitate public comment on the
proposed order, and it is not intended
to constitute an official interpretation of
the agreement and proposed order or to
modify their terms in any way.
By direction of the Commission.
Donald S. Clark,
Secretary.
[FR Doc. 2010–31823 Filed 12–17–10; 8:45 am]
BILLING CODE 6750–01–P
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
Food and Drug Administration
[Docket No. FDA–2010–N–0420]
Agency Information Collection
Activities; Submission for Office of
Management and Budget Review;
Comment Request; Testing
Communications on FDA-Regulated
Products Used in Animals
AGENCY:
Food and Drug Administration,
HHS.
ACTION:
Notice.
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 January 19,
2011.
ADDRESSES: To ensure that comments on
the information collection are received,
OMB recommends that written
SUMMARY:
PO 00000
Frm 00045
Fmt 4703
Sfmt 4703
comments be faxed to the Office of
Information and Regulatory Affairs,
OMB, Attn: FDA Desk Officer, FAX:
202–395–7285, or e-mailed to
oira_submission@omb.eop.gov. All
comments should be identified with the
OMB control number 0910–New and
title ‘‘Testing Communications on FDA–
Regulated Products Used in Animals.’’
Also include the FDA docket number
found in brackets in the heading of this
document.
FOR FURTHER INFORMATION CONTACT:
Johnny Vilela, Office of Information
Management, Food and Drug
Administration, 1350 Piccard Dr., PI50–
400B, Rockville, MD 20850, 301–796–
7651, Juanmanuel.vilela@fda.hhs.gov.
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.
Testing Communications on FDA–
Regulated Products Used In Animals—
(OMB Control Number 0910–New)
FDA’s Center for Veterinary Medicine
(CVM) has authorization under section
903(d)(2)(D) of the Federal Food, Drug,
and Cosmetic Act (21 U.S.C.
393(d)(2)(D)) to conduct educational
and public information programs
relating to the safety of CVM-regulated
products. Further, CVM is authorized to
conduct this needed research to ensure
that these programs have the highest
likelihood of being effective. Thus, CVM
concludes that improving
communications about the safety of
regulated animal drugs, feed, food
additives, and devices will involve
many research methods, including
individual in-depth interviews, mallintercept interviews, focus groups, selfadministered surveys, gatekeeper
reviews, and omnibus telephone
surveys.
The information collected will serve
three major purposes. First, as formative
research, it will provide critical
knowledge needed about target
audiences to develop messages and
campaigns about the use of animal
drugs, feed, food additives, and devices.
Knowledge of both the consumer and
the veterinary professional decisionmaking processes will provide a better
understanding of target audiences that
FDA will need in order to design
effective communication strategies,
messages, and labels. These
communications will aim to improve
public understanding of the risks and
benefits of using regulated animal drugs,
feed, food additives, and devices by
providing users with a better context in
which to place risk information more
E:\FR\FM\20DEN1.SGM
20DEN1
79379
Federal Register / Vol. 75, No. 243 / Monday, December 20, 2010 / Notices
completely. Second, as initial testing, it
will allow FDA to assess the potential
effectiveness of messages and materials
in reaching and successfully
communicating with their intended
audiences. Testing messages with a
sample of the target audience will allow
FDA to refine messages while still in the
developmental stage. Respondents will
be asked to give their reaction to the
messages in either individual or group
settings. Third, as evaluative research, it
will allow FDA to ascertain the
effectiveness of the messages and the
distribution method of these messages
in achieving the objectives of the
message campaign. Evaluation of
campaigns is a vital link in continuous
improvement of communications at
FDA.
In the Federal Register of August 19,
2010 (75 FR 51271), FDA published a
60-day notice requesting public
comment on the proposed collection of
information. FDA received comments
from two individuals and one trade
association. FDA acknowledges one
request for additional details on the
necessity and purpose of the
information to be collected, but notes
that comments were invited on FDA’s
request for a generic clearance related to
the formative testing of communications
about veterinary products and products
for animals. Under this generic
clearance, details of individual studies
(research questions, target audiences,
methodologies, and consultants) will be
tailored to specific communicationsrelated questions. For each study FDA
requests under this clearance, FDA will
provide OMB with these details on the
information collection. The
communication development process
will inform the purpose of the data
collection and the means by which the
data will be collected. For very early
message development, qualitative
research such as in-depth interviews or
focus groups will be appropriate. At
later communication development
stages, more quantitative data collection
would be more useful. FDA plans to use
the data collected under this generic
clearance to inform its communications
campaigns. The data will not be used for
the purposes of making policy or
regulatory decisions.
Audience targets are also informed by
the specific research question.
Nonetheless, FDA provided more
information by specifying some of the
groups more likely to be targeted in
tasks under this generic clearance,
including: Consumers, pet owners, large
animal producers, veterinarians, animal
distributors, pet shop owners,
stockyards staff and owners, abattoir
owners or staff, grocery meat
purchasers, agricultural extension
agents, and professors of food science
and related fields.
Furthermore, comments related to
ways to enhance the data collection and
to assess FDA’s estimate of burden
indicated that FDA should not limit
itself to in-house expertise. FDA
acknowledges that assistance may be
requested from experts in other
Government agencies. Depending on the
specific research question to be
addressed, FDA may consult experts in
the United States Department of
Agriculture and the United States
Environmental Protection Agency.
FDA received a comment relating to
the cruelty and sadism of animal testing.
In response to this comment, FDA notes
that its notice was for public comment
on data collection related to
communication studies. No animal
testing is involved.
FDA received a comment that made a
series of complaints against the Agency
unrelated to its notice for public
comment. Accordingly, those comments
are not addressed in this document.
FDA estimates the burden of this
collection of information as follows:
TABLE 1—ESTIMATED ANNUAL REPORTING BURDEN 1
21 U.S.C. 393(d)(2)(D)
No. of
respondents
Annual frequency
per response
Total annual
responses
Hours per
response
Total
hours
Individual in-depth interviews ............................................
General public focus group interviews .............................
Intercept interviews: Central location ................................
Intercept interviews: Telephone 2 ......................................
Self-administered surveys .................................................
Gatekeeper reviews ..........................................................
Omnibus surveys ..............................................................
Total (general public) ........................................................
Veterinarian/scientific expert focus group interviews .......
360
288
200
2,000
2,400
300
1,200
............................
288
1
1
1
1
1
1
1
............................
1
360
288
200
2,000
2,400
300
1,200
..............................
288
.75
1.50
.25
.08
.25
.50
.17
............................
1.50
270
432
50
160
600
150
204
1,866
432
Total (overall) .............................................................
............................
............................
..............................
............................
2,298
1 There
2 These
are no capital costs or operating and maintenance costs associated with this collection of information.
are brief interviews with callers to test message concepts and strategies following their call-in request to an FDA Center 1–800
number.
Dated: December 7, 2010.
Leslie Kux,
Acting Assistant Commissioner for Policy.
[FR Doc. 2010–31891 Filed 12–17–10; 8:45 am]
Food and Drug Administration
[Docket No. FDA–2010–N–0001]
BILLING CODE 4160–01–P
jlentini on DSKJ8SOYB1PROD with NOTICES
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
Defense Advanced Research Projects
Agency and Food and Drug
Administration Expanding In Vivo
Biomarker Detection Devices
Workshop
AGENCY:
Food and Drug Administration,
HHS.
ACTION:
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17:18 Dec 17, 2010
Jkt 223001
PO 00000
Notice of public workshop.
Frm 00046
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Sfmt 4703
The Food and Drug Administration
(FDA) is announcing the following
public workshop cosponsored with the
Defense Advanced Research Projects
Agency (DARPA): Expanding In Vivo
Biomarker Detection Devices Workshop.
The DARPA Defense Sciences Office
and the FDA Center for Devices and
Radiological Health (CDRH) are hosting
a workshop to discuss current state-ofthe-art and innovative research
opportunities in the area of in vivo
analytical devices capable of measuring
biomarkers that characterize normal
biological processes, pathologic
E:\FR\FM\20DEN1.SGM
20DEN1
Agencies
[Federal Register Volume 75, Number 243 (Monday, December 20, 2010)]
[Notices]
[Pages 79378-79379]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-31891]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HEALTH AND HUMAN SERVICES
Food and Drug Administration
[Docket No. FDA-2010-N-0420]
Agency Information Collection Activities; Submission for Office
of Management and Budget Review; Comment Request; Testing
Communications on FDA-Regulated Products Used in Animals
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 January
19, 2011.
ADDRESSES: To ensure that comments on the information collection are
received, OMB recommends that written comments be faxed to the Office
of Information and Regulatory Affairs, OMB, Attn: FDA Desk Officer,
FAX: 202-395-7285, or e-mailed to oira_submission@omb.eop.gov. All
comments should be identified with the OMB control number 0910-New and
title ``Testing Communications on FDA-Regulated Products Used in
Animals.'' Also include the FDA docket number found in brackets in the
heading of this document.
FOR FURTHER INFORMATION CONTACT: Johnny Vilela, Office of Information
Management, Food and Drug Administration, 1350 Piccard Dr., PI50-400B,
Rockville, MD 20850, 301-796-7651, Juanmanuel.vilela@fda.hhs.gov.
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.
Testing Communications on FDA-Regulated Products Used In Animals--(OMB
Control Number 0910-New)
FDA's Center for Veterinary Medicine (CVM) has authorization under
section 903(d)(2)(D) of the Federal Food, Drug, and Cosmetic Act (21
U.S.C. 393(d)(2)(D)) to conduct educational and public information
programs relating to the safety of CVM-regulated products. Further, CVM
is authorized to conduct this needed research to ensure that these
programs have the highest likelihood of being effective. Thus, CVM
concludes that improving communications about the safety of regulated
animal drugs, feed, food additives, and devices will involve many
research methods, including individual in-depth interviews, mall-
intercept interviews, focus groups, self-administered surveys,
gatekeeper reviews, and omnibus telephone surveys.
The information collected will serve three major purposes. First,
as formative research, it will provide critical knowledge needed about
target audiences to develop messages and campaigns about the use of
animal drugs, feed, food additives, and devices. Knowledge of both the
consumer and the veterinary professional decision-making processes will
provide a better understanding of target audiences that FDA will need
in order to design effective communication strategies, messages, and
labels. These communications will aim to improve public understanding
of the risks and benefits of using regulated animal drugs, feed, food
additives, and devices by providing users with a better context in
which to place risk information more
[[Page 79379]]
completely. Second, as initial testing, it will allow FDA to assess the
potential effectiveness of messages and materials in reaching and
successfully communicating with their intended audiences. Testing
messages with a sample of the target audience will allow FDA to refine
messages while still in the developmental stage. Respondents will be
asked to give their reaction to the messages in either individual or
group settings. Third, as evaluative research, it will allow FDA to
ascertain the effectiveness of the messages and the distribution method
of these messages in achieving the objectives of the message campaign.
Evaluation of campaigns is a vital link in continuous improvement of
communications at FDA.
In the Federal Register of August 19, 2010 (75 FR 51271), FDA
published a 60-day notice requesting public comment on the proposed
collection of information. FDA received comments from two individuals
and one trade association. FDA acknowledges one request for additional
details on the necessity and purpose of the information to be
collected, but notes that comments were invited on FDA's request for a
generic clearance related to the formative testing of communications
about veterinary products and products for animals. Under this generic
clearance, details of individual studies (research questions, target
audiences, methodologies, and consultants) will be tailored to specific
communications-related questions. For each study FDA requests under
this clearance, FDA will provide OMB with these details on the
information collection. The communication development process will
inform the purpose of the data collection and the means by which the
data will be collected. For very early message development, qualitative
research such as in-depth interviews or focus groups will be
appropriate. At later communication development stages, more
quantitative data collection would be more useful. FDA plans to use the
data collected under this generic clearance to inform its
communications campaigns. The data will not be used for the purposes of
making policy or regulatory decisions.
Audience targets are also informed by the specific research
question. Nonetheless, FDA provided more information by specifying some
of the groups more likely to be targeted in tasks under this generic
clearance, including: Consumers, pet owners, large animal producers,
veterinarians, animal distributors, pet shop owners, stockyards staff
and owners, abattoir owners or staff, grocery meat purchasers,
agricultural extension agents, and professors of food science and
related fields.
Furthermore, comments related to ways to enhance the data
collection and to assess FDA's estimate of burden indicated that FDA
should not limit itself to in-house expertise. FDA acknowledges that
assistance may be requested from experts in other Government agencies.
Depending on the specific research question to be addressed, FDA may
consult experts in the United States Department of Agriculture and the
United States Environmental Protection Agency.
FDA received a comment relating to the cruelty and sadism of animal
testing. In response to this comment, FDA notes that its notice was for
public comment on data collection related to communication studies. No
animal testing is involved.
FDA received a comment that made a series of complaints against the
Agency unrelated to its notice for public comment. Accordingly, those
comments are not addressed in this document.
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 U.S.C. 393(d)(2)(D) respondents per response responses response hours
----------------------------------------------------------------------------------------------------------------
Individual in-depth interviews.. 360 1 360 .75 270
General public focus group 288 1 288 1.50 432
interviews.....................
Intercept interviews: Central 200 1 200 .25 50
location.......................
Intercept interviews: Telephone 2,000 1 2,000 .08 160
\2\............................
Self-administered surveys....... 2,400 1 2,400 .25 600
Gatekeeper reviews.............. 300 1 300 .50 150
Omnibus surveys................. 1,200 1 1,200 .17 204
Total (general public).......... ................ ................ ................. ................ 1,866
Veterinarian/scientific expert 288 1 288 1.50 432
focus group interviews.........
-------------------------------------------------------------------------------
Total (overall)............. ................ ................ ................. ................ 2,298
----------------------------------------------------------------------------------------------------------------
\1\ There are no capital costs or operating and maintenance costs associated with this collection of
information.
\2\ These are brief interviews with callers to test message concepts and strategies following their call-in
request to an FDA Center 1-800 number.
Dated: December 7, 2010.
Leslie Kux,
Acting Assistant Commissioner for Policy.
[FR Doc. 2010-31891 Filed 12-17-10; 8:45 am]
BILLING CODE 4160-01-P