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 : EC815
Submitter : Mr. Joseph DeRitis Date & Time: 10/13/2005 10:10:19
Organization : Mr. Joseph DeRitis
Category : Individual Consumer
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?
No!
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?
You are asking every clerk in a pharmacy or drug store to verify the age of the purchaser. Leave up to their doctor to issue a prescription if they are of legal age.
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?
That is a question for a lawyer.
B. If the two products may be lawfully sold in a single package, under what circumstances would it be inappropriate to do so?
Selling to Minors!