2005N-0345 Drug Approvals: Circumstances under which an active ingredient may be simultaneously marketed in both a prescription drug product and an over-the-counter drug product
FDA Comment Number : EC558
Submitter : Dr. Bart Combs Date & Time: 10/05/2005 04:10:44
Organization : Univ of Ala Birmingham
Category : Health Professional
Issue Areas/Comments
1
A. Should FDA initiate a rulemaking to codify its interpretation of section 503(b) of the action regarding when an active ingredient can be simultaneously marketed in both prescription drug product and an OTC drug product?
It would be highly inappropriate for the FDA to initiate new rule-making to accommodate Barr Laboratory's unusual request for a double marketing standard (OTC and RX, depending on age) for this identical product. We cannot expose our young teens to a drug with unknown safety risks, with known STD risks, and which does not even prevent pregnancy and abortion as promoted!
1.
A. Should FDA initiate a rulemaking to codify its interpretation of section 503(b) of the act regarding when an active ingredient can be simultaneously market in both a prescription drug product and an OTC drug product?
No
B. Is there significant confusion regarding FDA's interpretation of section 503(b) of the act?
Yes
C. If so, would a rulemaking on this issue help dispet that confusion?
NO
2
A. If FDA limited sale of an OTC product to a particular subpopulation, e.g., by making the product available to the subpopulation by prescription only, would FDA be able to enforce such a limitation as a matter of law?
NO
B. If it could, would it be able to do so as practical matter and, if so, how?
N/A
3
A. Assuming it is legal to market the same active ingredient in both a prescription and OTC product, may the different products be legally sold in the same package?
This seems irrelevant.
B. If the two products may be lawfully sold in a single package, under what circumstances would it be inappropriate to do so?
All