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 : EC1009
Submitter : Dr. Demian Rose Date & Time: 10/27/2005 09:10:10
Organization : University of California
Category : Academia
Issue Areas/Comments
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?

not without severely restricting access to the "legal" population.