Draft Guidance for Industry on Direct-to-Consumer Television Advertisements-the Food and Drug Administration Amendments Act of 2007 Direct-to-Consumer Television Ad Pre-Dissemination Review Program; Availability, 14811-14813 [2012-6040]
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<![CDATA[
14811
Federal Register / Vol. 77, No. 49 / Tuesday, March 13, 2012 / Notices
Application
No.
Do. ................
mstockstill on DSK4VPTVN1PROD with NOTICES
Do. ................
Do. ................
Do. ................
NDA 21–384
Drug
DURANEST
1.5%.
DURANEST
DURANEST
DURANEST
DURANEST
1.5%.
Initial approval
date
(epinephrine bitartrate; etidocaine hydrochloride) Injection
......do ..............................................
Do.
(epinephrine; etidocaine hydrochloride) Injection 0.5% ......
(etidocaine hydrochloride) Injection 0.5% ...........................
(etidocaine hydrochloride) Injection 1% ..............................
(epinephrine bitartrate; etidocaine hydrochloride) Injection
......do ..............................................
......do ..............................................
......do ..............................................
DENTSPLY Pharmaceutical ...........
Do.
Do.
Do.
Do.
The drug products listed in the table
in this document are currently listed in
the ‘‘Discontinued Drug Product List’’
section of the Orange Book. Lachman
Consultant Services, Inc. submitted a
citizen petition dated September 25,
2008 (Docket No. FDA–2008–P–0527),
under 21 CFR 10.30, requesting that the
Agency determine whether DURANEST
(etidocaine hydrochloride) Injection,
0.5% and 1%, were withdrawn from
sale for reasons of safety or
effectiveness. Although the citizen
petition did not request a determination
for the other DURANEST drug products
listed in the table in this document,
those drug products have also been
discontinued. On our own initiative, we
have also determined whether those
products were withdrawn for safety or
effectiveness reasons.
After considering the citizen petition
and reviewing Agency records and
based on the information we have at this
time, FDA has determined under
§ 314.161 that the DURANEST drug
products listed in the table in this
document were not withdrawn for
reasons of safety or effectiveness. The
petitioner has identified no data or other
information suggesting that the
DURANEST drug products were
withdrawn for reasons of safety or
effectiveness. We have carefully
reviewed our files for records
concerning the withdrawal of the
DURANEST drug products from sale.
We have also independently evaluated
relevant literature and data for possible
postmarketing adverse events. We have
reviewed the available evidence and
determined that the products were not
withdrawn from sale for reasons of
safety or effectiveness. Accordingly, the
Agency will continue to list the
DURANEST drug products listed in the
‘‘Discontinued Drug Product List’’
section of the Orange Book. The
‘‘Discontinued Drug Product List’’
delineates, among other items, drug
products that have been discontinued
from marketing for reasons other than
safety or effectiveness. ANDAs that refer
to any of the DURANEST drug products
listed in the table in this document may
be approved by the Agency as long as
they meet all other legal and regulatory
VerDate Mar<15>2010
Applicant
18:29 Mar 12, 2012
Jkt 226001
requirements for the approval of
ANDAs. If FDA determines that labeling
for these drug products should be
revised to meet current standards, the
Agency will advise ANDA applicants to
submit such labeling.
Dated: March 8, 2012.
Leslie Kux,
Acting Assistant Commissioner for Policy.
[FR Doc. 2012–6039 Filed 3–12–12; 8:45 am]
BILLING CODE 4160–01–P
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
Food and Drug Administration
[Docket No. FDA–2012–D–0022]
Draft Guidance for Industry on Directto-Consumer Television
Advertisements—the Food and Drug
Administration Amendments Act of
2007 Direct-to-Consumer Television Ad
Pre-Dissemination Review Program;
Availability
AGENCY:
Food and Drug Administration,
HHS.
ACTION:
Notice.
The Food and Drug
Administration (FDA) is announcing the
availability of a draft guidance for
industry entitled ‘‘Direct-to-Consumer
Television Advertisements—FDAAA
DTC Television Ad Pre-Dissemination
Review Program.’’ This draft guidance is
intended to assist sponsors of human
prescription drug products, including
biological drug products, who are
subject to the pre-dissemination review
of television advertisements (TV ads)
provision of the Federal Food, Drug, and
Cosmetic Act (the FD&C Act). (The term
‘‘pre-dissemination review’’ is used
throughout the guidance to refer to
review under the FD&C Act, which is
entitled ‘‘Prereview of Television
Advertisements.’’) The draft guidance
describes which TV ads FDA intends to
make subject to this provision, explains
how FDA will notify sponsors that an ad
is subject to review under this
provision, and describes the general and
center-specific procedures sponsors
should follow to submit their TV ads to
SUMMARY:
PO 00000
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Fmt 4703
Sfmt 4703
FDA for pre-dissemination review in
compliance with the FD&C Act. These
proposed TV ads will be subject to a 45calendar day review clock by FDA.
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
either electronic or written comments
on the draft guidance by May 14, 2012.
Submit written comments on the
proposed collection of information by
May 14, 2012.
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, or to the
Office of Communication, Outreach and
Development (HFM–40), Center for
Biologics Evaluation and Research
(CBER), Food and Drug Administration,
1401 Rockville Pike, suite 200N,
Rockville, MD 20852–1448. Send one
self-addressed adhesive label to assist
that office in processing your requests.
The guidance may also be obtained by
mail by calling CBER at 1–800–835–
4709 or 301–827–1800. See the
SUPPLEMENTARY INFORMATION section for
electronic access to the draft guidance
document.
Submit electronic comments on the
draft guidance to https://
www.regulations.gov. Submit written
comments to the Division of Dockets
Management (HFA–305), Food and Drug
Administration, 5630 Fishers Lane, rm.
1061, Rockville, MD 20852.
FOR FURTHER INFORMATION CONTACT:
Regarding human prescription drugs:
Marci Kiester, Center for Drug
Evaluation and Research, Food and
Drug Administration, 10903 New
Hampshire Ave., Bldg. 51, rm. 3368,
Silver Spring, MD 20993–0002, 301–
796–1200.
Regarding prescription human
biological products: Stephen Ripley,
Center for Biologics Evaluation and
Research (HFM–17), Food and Drug
Administration, 1401 Rockville Pike,
E:\FR\FM\13MRN1.SGM
13MRN1
14812
Federal Register / Vol. 77, No. 49 / Tuesday, March 13, 2012 / Notices
mstockstill on DSK4VPTVN1PROD with NOTICES
suite 200N, Rockville, MD 20852, 301–
827–6210.
SUPPLEMENTARY INFORMATION:
I. Background
FDA is announcing the availability of
a draft guidance for industry entitled
‘‘Direct-to-Consumer Television
Advertisements—FDAAA DTC
Television Ad Pre-Dissemination
Review Program.’’ The Food and Drug
Administration Amendments Act of
2007 (FDAAA) added new section 503B
to the FD&C Act, which gives FDA the
authority to ‘‘* * * require the
submission of any television
advertisement for a drug * * * not later
than 45 days before dissemination of the
television advertisement.’’ In
conducting a review of a TV ad under
this section, FDA may make
recommendations with respect to
information included in the label of the
drug on:
• Changes that are necessary to
protect the consumer good and wellbeing, or that are consistent with
prescribing information for the product
under review; and
• Statements for inclusion in the
advertisement to address the specific
efficacy of the drug as it relates to
specific population groups, including
elderly populations, children, and racial
and ethnic minorities, if appropriate
and if such information exists. (21
U.S.C. 353b(b)(1) and (b)(2)).
FDA is issuing this guidance to
communicate the categories of TV ads it
generally intends to require sponsors to
submit under this provision, to explain
how it will notify sponsors that FDA is
requiring review under section 503B of
the FD&C Act for ads for a particular
drug or group of drugs, and to provide
sponsors with recommendations for the
information they need to properly
submit these ads to the Agency for predissemination review.
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 which TV ads it intends to require
be submitted under section 503B of the
FD&C Act and on the submission
process for these ads. 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. Paperwork Reduction Act of 1995
Under the Paperwork Reduction Act
of 1995 (the PRA) (44 U.S.C. 3501–
3520), Federal Agencies must obtain
VerDate Mar<15>2010
18:29 Mar 12, 2012
Jkt 226001
approval from the Office of Management
and Budget (OMB) for each collection of
information that 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 for each proposed
collection of information before
submitting the collection to OMB for
approval. To comply with this
requirement, FDA is publishing this
notice of the proposed collection of
information set forth in this document.
With respect to the collection of
information associated with this draft
guidance, 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.
FDA estimates the burden of this
collection of information as follows:
Based on the number of TV ads
produced annually by sponsors of
human prescription drug and biological
products, we estimate that we will
receive approximately 80 ads per year
for pre-dissemination review from
approximately 30 sponsors for the
Center for Drug Evaluation and Research
(CDER) and 2 ads from 2 sponsors for
CBER. FDA professionals familiar with
TV ads and the recommendations in the
draft guidance estimate that it should
take a sponsor approximately 25 hours
to prepare and send the predissemination review package and
documentation. This burden estimate
includes all of the information specified
for CDER and CBER in the draft
guidance section entitled ‘‘Contents of a
Complete Pre-Dissemination Review
Package’’ and in the Appendix entitled
‘‘Center-Specific Submission
Procedures.’’
FDA cannot provide final comments
on the acceptability of a TV ad without
reviewing a final recorded version in its
entirety. However, some sponsors may
wish to receive comments from the
PO 00000
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Fmt 4703
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Agency before producing a final
recorded version. Once the final
recorded version is produced, it should
be submitted to the Agency for predissemination review. In this document,
we have included in the table 1 burden
estimate for section 503B of the FD&C
Act the time necessary to prepare the
final ad for submission.
If FDA receives an incomplete
submission package from a sponsor, we
will inform that sponsor and request a
submission package that contains the
missing materials. We estimate that we
will request a package containing
missing materials a total of 6 times from
6 different sponsors annually, and that
it will take each sponsor 5 hours to
prepare the resubmission with the
missing materials. This resubmission
with missing materials is included in
table 1 of this document.
There is a 45-day review clock for TV
ads submitted under section 503B.
Under this review clock, FDA must
notify the sponsor if the Agency is not
able to provide comments within a 45day timeframe. When a sponsor is
notified by FDA that the Agency is not
able to provide comments, the sponsor
should inform FDA whether it will
disseminate the TV ad without waiting
for FDA comments, or wait for the
Agency’s comments before
disseminating the ad. We anticipate that
we will be able to review and comment
on all TV ads submitted to the Agency
within the 45-day review clock
timeframe, but for the purposes of this
collection of information, we are
estimating that the Agency will be
unable to provide comments within the
45-day timeframe to one sponsor for one
TV ad per year. We estimate that the
time needed for a sponsor to prepare a
letter informing FDA of its decision to
disseminate or not to disseminate the
TV ad will be 1 hour.
This draft guidance also refers to
previously approved collections of
information found in FDA regulations.
In the draft guidance, the Agency has
noted that sponsors subject to the
section 503B pre-dissemination review
provision may revise their TV ads after
receiving comments from the Agency
but before disseminating the ads, and
may wish to request additional
comments under the voluntary
submission process delineated in
§ 202.1(j)(4) (21 CFR 202.1(j)(4)). The
collections of information in
§ 202.1(j)(4) have been approved under
OMB control number 0910–0686. For
pre-dissemination review packages for
biological drug products under the
purview of CBER, the Agency is
requesting a copy of the most current
version of Form FDA 2253 to
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Federal Register / Vol. 77, No. 49 / Tuesday, March 13, 2012 / Notices
accompany the TV ad submission
package. This collection of information
for Form FDA 2253 has been approved
under OMB control number 0910–0001.
Therefore, we estimate the annual
reporting burden as follows:
TABLE 1—ESTIMATED ANNUAL REPORTING BURDEN 1
Number of
respondents
Type of submission
Number of
responses per
respondent
Average
burden per
response
(in hours)
Total annual
responses
Total hours
Advertisements prepared in accordance with section 503B
of the FD&C Act ...............................................................
Resubmissions of incomplete submission packages ..........
45-Day review clock decision letter .....................................
32
6
1
2.56
1
1
82
6
1
25
5
1
2,050
30
1
Total ..............................................................................
........................
........................
........................
........................
2,581
1 There
are no capital costs or operating and maintenance costs associated with this collection of information.
III. Comments
Interested persons may submit to the
Division of Dockets Management (see
ADDRESSES) either electronic or written
comments regarding this document. It is
only necessary to send one set of
comments. Identify comments 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.
IV. Electronic Access
Persons with access to the Internet
may obtain the document at either http:
//www.fda.gov/Drugs/Guidance
ComplianceRegulatoryInformation/
Guidances/default.htm, https://
www.fda.gov/BiologicsBloodVaccines/
GuidanceComplianceRegulatory
Information/default.htm, or https://
www.regulations.gov.
Dated: March 8, 2012.
Leslie Kux,
Acting Assistant Commissioner for Policy.
[FR Doc. 2012–6040 Filed 3–12–12; 8:45 am]
BILLING CODE 4160–01–P
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
Food and Drug Administration
[Docket No. FDA–2012–N–0001]
Public Workshop on Minimal Residual
Disease; Public Workshop
AGENCY:
Food and Drug Administration,
HHS.
mstockstill on DSK4VPTVN1PROD with NOTICES
ACTION:
Notice of public workshop.
The Food and Drug Administration
(FDA) is announcing a public workshop
to provide a forum for discussion of the
use of minimal residual disease (MRD)
as a biomarker for evaluating new drugs
for the treatment of acute lymphoblastic
leukemia (ALL). The meeting is
cosponsored with the American Society
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18:29 Mar 12, 2012
Jkt 226001
of Clinical Oncology and will be the
first in a series of workshops intended
to bring together scientific and advocacy
communities and the pharmaceutical
and in vitro diagnostic device industries
to help develop processes and
procedures to qualify MRD as a
biomarker of efficacy and/or response to
treatment in a group of hematological
malignancies.
DATES: Date and Time: The public
workshop will be held on April 18,
2012, from 8 a.m. to 4 p.m.
Location: The public workshop will
be held at the FDA White Oak Campus,
10903 New Hampshire Ave. Bldg. 31
Conference Center, the Great Room (rm.
1503), Silver Spring, MD 20993–0002.
Contact Person: Christine Lincoln,
Center for Drug Evaluation and
Research, Food and Drug
Administration, 10903 New Hampshire
Ave. Bldg. 22, rm. 6413, Silver Spring,
MD 20993–0002, 301–796–2340.
SUPPLEMENTARY INFORMATION:
I. Background
Clinical data from patients with
certain subtypes of acute and chronic
leukemia suggest that MRD can be
established as a surrogate endpoint for
clinical trials and drug approval. This
public workshop will provide a forum
for discussion among scientific and
advocacy communities and the
pharmaceutical and in vitro diagnostic
device industries of issues related to the
qualification (validation) of MRD as a
biomarker (i.e., a measurable
characteristic that is predictive of
disease outcome) that can be used to
determine efficacy and/or response in
evaluation of new drugs for the
treatment of ALL. Although the data
related to the prognostic significance of
MRD are most extensive in the pediatric
population, and are currently used to
stratify patients for risk-adjusted
therapy, MRD may also be pertinent to
subtypes of adult ALL; hematologists
who treat adult patients have been
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invited to participate, as well as
hematologists who treat pediatric
patients. Topics to be discussed at the
workshop include: (1) Evaluation of the
prognostic biomarker data that is
currently available to support the
qualification of MRD as a marker of
response and/or efficacy in both
pediatric and adult ALL; (2) the
specificity, sensitivity, and
comparability of techniques that might
be used in a standardized fashion to
measure MRD; (3) the performance
characteristics and proficiency
assessment of current technology
platforms; and (4) the design and
analysis of the clinical trials needed to
establish the use of postinduction MRD
as an alternative endpoint for approval
of new drugs to treat ALL.
This workshop is part of a series in
which FDA’s Office of Hematology and
Oncology Products will explore the
utility of MRD as a surrogate endpoint
in ALL (including ALL that has
recurred), chronic lymphocytic
leukemia (CLL), and acute myeloid
leukemia (AML). Given the diverse
etiologies, pathophysiologies, and
natural histories of these diseases and
current practice standards, separate
consideration of MRD as a surrogate
endpoint in each disease is warranted.
FDA is seeking representation from both
North American and European
academic investigators as well as
cooperative groups at the workshops.
The workshops for CLL and AML are
tentatively scheduled for October 10
and 11, 2012, respectively.
II. Attendance and Registration
FDA encourages patient advocates,
representatives from industry, consumer
groups, health care professionals,
researchers, and other interested
persons to attend this public workshop.
Registration: There is no registration
fee for the public workshop. To register
electronically, please use the following
Web site: https://www.zoomerang.com/
E:\FR\FM\13MRN1.SGM
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]]>Agencies
[Federal Register Volume 77, Number 49 (Tuesday, March 13, 2012)]
[Notices]
[Pages 14811-14813]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-6040]
-----------------------------------------------------------------------
DEPARTMENT OF HEALTH AND HUMAN SERVICES
Food and Drug Administration
[Docket No. FDA-2012-D-0022]
Draft Guidance for Industry on Direct-to-Consumer Television
Advertisements--the Food and Drug Administration Amendments Act of 2007
Direct-to-Consumer Television Ad Pre-Dissemination Review Program;
Availability
AGENCY: Food and Drug Administration, HHS.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: The Food and Drug Administration (FDA) is announcing the
availability of a draft guidance for industry entitled ``Direct-to-
Consumer Television Advertisements--FDAAA DTC Television Ad Pre-
Dissemination Review Program.'' This draft guidance is intended to
assist sponsors of human prescription drug products, including
biological drug products, who are subject to the pre-dissemination
review of television advertisements (TV ads) provision of the Federal
Food, Drug, and Cosmetic Act (the FD&C Act). (The term ``pre-
dissemination review'' is used throughout the guidance to refer to
review under the FD&C Act, which is entitled ``Prereview of Television
Advertisements.'') The draft guidance describes which TV ads FDA
intends to make subject to this provision, explains how FDA will notify
sponsors that an ad is subject to review under this provision, and
describes the general and center-specific procedures sponsors should
follow to submit their TV ads to FDA for pre-dissemination review in
compliance with the FD&C Act. These proposed TV ads will be subject to
a 45-calendar day review clock by FDA.
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 either electronic or written comments on the draft
guidance by May 14, 2012. Submit written comments on the proposed
collection of information by May 14, 2012.
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, or to
the Office of Communication, Outreach and Development (HFM-40), Center
for Biologics Evaluation and Research (CBER), Food and Drug
Administration, 1401 Rockville Pike, suite 200N, Rockville, MD 20852-
1448. Send one self-addressed adhesive label to assist that office in
processing your requests. The guidance may also be obtained by mail by
calling CBER at 1-800-835-4709 or 301-827-1800. See the SUPPLEMENTARY
INFORMATION section for electronic access to the draft guidance
document.
Submit electronic comments on the draft guidance to https://www.regulations.gov. Submit written comments to the Division of Dockets
Management (HFA-305), Food and Drug Administration, 5630 Fishers Lane,
rm. 1061, Rockville, MD 20852.
FOR FURTHER INFORMATION CONTACT: Regarding human prescription drugs:
Marci Kiester, Center for Drug Evaluation and Research, Food and Drug
Administration, 10903 New Hampshire Ave., Bldg. 51, rm. 3368, Silver
Spring, MD 20993-0002, 301-796-1200.
Regarding prescription human biological products: Stephen Ripley,
Center for Biologics Evaluation and Research (HFM-17), Food and Drug
Administration, 1401 Rockville Pike,
[[Page 14812]]
suite 200N, Rockville, MD 20852, 301-827-6210.
SUPPLEMENTARY INFORMATION:
I. Background
FDA is announcing the availability of a draft guidance for industry
entitled ``Direct-to-Consumer Television Advertisements--FDAAA DTC
Television Ad Pre-Dissemination Review Program.'' The Food and Drug
Administration Amendments Act of 2007 (FDAAA) added new section 503B to
the FD&C Act, which gives FDA the authority to ``* * * require the
submission of any television advertisement for a drug * * * not later
than 45 days before dissemination of the television advertisement.'' In
conducting a review of a TV ad under this section, FDA may make
recommendations with respect to information included in the label of
the drug on:
Changes that are necessary to protect the consumer good
and well-being, or that are consistent with prescribing information for
the product under review; and
Statements for inclusion in the advertisement to address
the specific efficacy of the drug as it relates to specific population
groups, including elderly populations, children, and racial and ethnic
minorities, if appropriate and if such information exists. (21 U.S.C.
353b(b)(1) and (b)(2)).
FDA is issuing this guidance to communicate the categories of TV
ads it generally intends to require sponsors to submit under this
provision, to explain how it will notify sponsors that FDA is requiring
review under section 503B of the FD&C Act for ads for a particular drug
or group of drugs, and to provide sponsors with recommendations for the
information they need to properly submit these ads to the Agency for
pre-dissemination review.
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 which TV ads
it intends to require be submitted under section 503B of the FD&C Act
and on the submission process for these ads. 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. Paperwork Reduction Act of 1995
Under the Paperwork Reduction Act of 1995 (the PRA) (44 U.S.C.
3501-3520), Federal Agencies must obtain approval from the Office of
Management and Budget (OMB) for each collection of information that
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 for each proposed collection of
information before submitting the collection to OMB for approval. To
comply with this requirement, FDA is publishing this notice of the
proposed collection of information set forth in this document.
With respect to the collection of information associated with this
draft guidance, 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.
FDA estimates the burden of this collection of information as
follows:
Based on the number of TV ads produced annually by sponsors of
human prescription drug and biological products, we estimate that we
will receive approximately 80 ads per year for pre-dissemination review
from approximately 30 sponsors for the Center for Drug Evaluation and
Research (CDER) and 2 ads from 2 sponsors for CBER. FDA professionals
familiar with TV ads and the recommendations in the draft guidance
estimate that it should take a sponsor approximately 25 hours to
prepare and send the pre-dissemination review package and
documentation. This burden estimate includes all of the information
specified for CDER and CBER in the draft guidance section entitled
``Contents of a Complete Pre-Dissemination Review Package'' and in the
Appendix entitled ``Center-Specific Submission Procedures.''
FDA cannot provide final comments on the acceptability of a TV ad
without reviewing a final recorded version in its entirety. However,
some sponsors may wish to receive comments from the Agency before
producing a final recorded version. Once the final recorded version is
produced, it should be submitted to the Agency for pre-dissemination
review. In this document, we have included in the table 1 burden
estimate for section 503B of the FD&C Act the time necessary to prepare
the final ad for submission.
If FDA receives an incomplete submission package from a sponsor, we
will inform that sponsor and request a submission package that contains
the missing materials. We estimate that we will request a package
containing missing materials a total of 6 times from 6 different
sponsors annually, and that it will take each sponsor 5 hours to
prepare the resubmission with the missing materials. This resubmission
with missing materials is included in table 1 of this document.
There is a 45-day review clock for TV ads submitted under section
503B. Under this review clock, FDA must notify the sponsor if the
Agency is not able to provide comments within a 45-day timeframe. When
a sponsor is notified by FDA that the Agency is not able to provide
comments, the sponsor should inform FDA whether it will disseminate the
TV ad without waiting for FDA comments, or wait for the Agency's
comments before disseminating the ad. We anticipate that we will be
able to review and comment on all TV ads submitted to the Agency within
the 45-day review clock timeframe, but for the purposes of this
collection of information, we are estimating that the Agency will be
unable to provide comments within the 45-day timeframe to one sponsor
for one TV ad per year. We estimate that the time needed for a sponsor
to prepare a letter informing FDA of its decision to disseminate or not
to disseminate the TV ad will be 1 hour.
This draft guidance also refers to previously approved collections
of information found in FDA regulations. In the draft guidance, the
Agency has noted that sponsors subject to the section 503B pre-
dissemination review provision may revise their TV ads after receiving
comments from the Agency but before disseminating the ads, and may wish
to request additional comments under the voluntary submission process
delineated in Sec. 202.1(j)(4) (21 CFR 202.1(j)(4)). The collections
of information in Sec. 202.1(j)(4) have been approved under OMB
control number 0910-0686. For pre-dissemination review packages for
biological drug products under the purview of CBER, the Agency is
requesting a copy of the most current version of Form FDA 2253 to
[[Page 14813]]
accompany the TV ad submission package. This collection of information
for Form FDA 2253 has been approved under OMB control number 0910-0001.
Therefore, we estimate the annual reporting burden as follows:
Table 1--Estimated Annual Reporting Burden \1\
----------------------------------------------------------------------------------------------------------------
Average
Number of Number of Total annual burden per
Type of submission respondents responses per responses response (in Total hours
respondent hours)
----------------------------------------------------------------------------------------------------------------
Advertisements prepared in 32 2.56 82 25 2,050
accordance with section 503B of
the FD&C Act...................
Resubmissions of incomplete 6 1 6 5 30
submission packages............
45-Day review clock decision 1 1 1 1 1
letter.........................
-------------------------------------------------------------------------------
Total....................... .............. .............. .............. .............. 2,581
----------------------------------------------------------------------------------------------------------------
\1\ There are no capital costs or operating and maintenance costs associated with this collection of
information.
III. Comments
Interested persons may submit to the Division of Dockets Management
(see ADDRESSES) either electronic or written comments regarding this
document. It is only necessary to send one set of comments. Identify
comments 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.
IV. Electronic Access
Persons with access to the Internet may obtain the document at
either https://www.fda.gov/Drugs/GuidanceComplianceRegulatoryInformation/Guidances/default.htm, https://www.fda.gov/BiologicsBloodVaccines/GuidanceComplianceRegulatoryInformation/default.htm, or https://www.regulations.gov.
Dated: March 8, 2012.
Leslie Kux,
Acting Assistant Commissioner for Policy.
[FR Doc. 2012-6040 Filed 3-12-12; 8:45 am]
BILLING CODE 4160-01-P
