[Federal Register: June 3, 2003 (Volume 68, Number 106)]
[Notices]
[Page 33164-33165]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr03jn03-88]
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DEPARTMENT OF HEALTH AND HUMAN SERVICES
Food and Drug Administration
[Docket No. 03D-0197]
Guidance for Industry on Drug Products Containing Ensulizole,
Hypromellose, Meradimate, Octinoxate, and Octisalate--Labeling
Enforcement Policy; Availability
AGENCY: Food and Drug Administration, HHS.
ACTION: Notice.
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SUMMARY: The Food and Drug Administration (FDA) is announcing the
availability of a guidance for industry entitled ``Drug Products
Containing Ensulizole, Hypromellose, Meradimate, Octinoxate, and
Octisalate--Labeling Enforcement Policy.'' This guidance discusses how
FDA plans to exercise its enforcement discretion after September 1,
2002, with regard to drug products whose labeling does not use the
established names for ensulizole, hypromellose, meradimate, octinoxate,
and octisalate.
DATES: General comments on agency guidance documents are welcome at any
time.
ADDRESSES: Submit written requests for single copies of the draft
guidance to the Division of Drug Information (HFD-240), Center for Drug
Evaluation and Research, Food and Drug Administration, 5600 Fishers
Lane, Rockville, MD 20857. Send one self-addressed adhesive label to
assist that office in processing your requests. Submit written comments
on the guidance to the Dockets Management Branch (HFA-305), Food and
Drug Administration, 5630 Fishers Lane, rm. 1061, Rockville, MD 20852.
Submit electronic comments to http://frwebgate.access.gpo.gov/cgi-bin/leaving.cgi?from=leavingFR.html&log=linklog&to=http://www.fda.gov/dockets/ecomments. See
the SUPPLEMENTARY INFORMATION section for electronic access to the
guidance document.
FOR FURTHER INFORMATION CONTACT: Wayne Mitchell, Center for Drug
Evaluation and Research (HFD-7), Food and Drug Administration, 5600
Fishers Lane, Rockville, MD 20857, 301-594-2041.
SUPPLEMENTARY INFORMATION:
I. Background
The FDA is announcing the availability of a guidance for industry
entitled ``Drug Products Containing Ensulizole, Hypromellose,
Meradimate, Octinoxate, and Octisalate--Labeling Enforcement Policy.''
This guidance explains that the agency intends to exercise enforcement
discretion by not initiating any enforcement action, until September 1,
2003, based on a firm's failure to bring its products' labeling into
compliance with the United State Pharmacopeia (USP) monograph title
changes for ensulizole, hypromellose, meradimate, octinoxate, and
octisalate, as required by section 502(e)(1)(A)(i) of the Federal Food,
Drug, and Cosmetic Act (21 U.S.C. 352(e)(1)(A)(i)).
As explained in detail in the guidance, a series of events has lead
to the development of the guidance. These events include USP monograph
title changes, changes to the FDA's monograph for over-the-counter
(OTC) sunscreen drug products, and the receipt of two petitions
regarding these changes and their effective date (September 1, 2002).
We are issuing this level 1 guidance for immediate implementation,
consistent with FDA's good guidance practices regulation (21 CFR
10.115). The guidance represents the agency's current thinking on this
issue. 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
[[Page 33165]]
approach may be used if such approach satisfies the requirements of the
applicable statutes and regulations.
II. Comments
Interested persons may submit to the Dockets Management Branch (see
addresses) written or electronic comments on the guidance. Two paper
copies of any mailed comments are to be submitted, except that
individuals may submit one paper copy. Comments are to be identified
with the docket number found in brackets in the heading of this
document. The guidance and received comments are available for public
examination in the Dockets Management Branch between 9 a.m. and 4 p.m.,
Monday through Friday.
III. Electronic Access
Persons with access to the Internet may obtain the document at
either http://frwebgate.access.gpo.gov/cgi-bin/leaving.cgi?from=leavingFR.html&log=linklog&to=http://www.fda.gov/cder/guidance/index.htm or http://frwebgate.access.gpo.gov/cgi-bin/leaving.cgi?from=leavingFR.html&log=linklog&to=http://www.fda.gov/ohrms/dockets/default.htm
Dated: May 19, 2003.
Jeffrey Shuren,
Assistant Commissioner for Policy.
[FR Doc. 03-13828 Filed 6-2-03; 8:45 am]
BILLING CODE 4160-01-S