Notices. Notice of eligibility; request for data and information

874 words·~4 min read·/register/2004/07/06/04-15136·

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BILLING CODE 4160-01-S DEPARTMENT OF HEALTH AND HUMAN SERVICES Food and Drug Administration [Docket No. 1981N-0033P] Over-the-Counter Drug Products; Safety and Efficacy Review; Additional Antigingivitis/Antiplaque Ingredient AGENCY: Food and Drug Administration, HHS. ACTION: Notice of eligibility; request for data and information. SUMMARY: The Food and Drug Administration

(FDA)is announcing a call-for-data for safety and effectiveness information on the following condition as part of FDA's ongoing review of over-the-counter

(OTC)drug products: Triclosan, 0.3 percent maximum, as an antigingivitis ingredient in dental pastes and oral rinses. FDA has reviewed a time and extent application

(TEA)for this condition and determined that it is eligible for consideration in its OTC drug monograph system. FDA will evaluate the submitted data and information to determine whether this condition can be generally recognized as safe and effective (GRAS/E) for its proposed OTC use. DATES: Submit data, information, and general comments by October 4, 2004. ADDRESSES: Submit written comments, data, and information to the Division of Dockets Management (HFA-305), Food and Drug Administration, 5630 Fishers Lane, rm. 1061, Rockville, MD 20852. Submit electronic comments, data, and information to *http://www.fda.gov/dockets/ecomments* . FOR FURTHER INFORMATION CONTACT: Michael L. Koenig, Center for Drug Evaluation and Research (HFD-560), Food and Drug Administration, 5600 Fishers Lane, Rockville, MD 20857, 301-827-2222. SUPPLEMENTARY INFORMATION: I. Background In the **Federal Register** of January 23, 2002 (67 FR 3060), FDA published a final rule establishing criteria and procedures for additional conditions to become eligible for consideration in the OTC drug monograph system. These criteria and procedures, codified in § 330.14 (21 CFR 330.14), permit OTC drugs initially marketed in the United States after the OTC drug review began in 1972 and OTC drugs without any marketing experience in the United States to become eligible for FDA's OTC drug monograph system. The term “condition” means an active ingredient or botanical drug substance (or a combination of active ingredients or botanical drug substances), dosage form, dosage strength, or route of administration, marketed for a specific OTC use (§ 330.14(a)). The criteria and procedures also permit conditions that are regulated as cosmetics or dietary supplements in foreign countries but that would be regulated as OTC drugs in the United States to become eligible for the OTC drug monograph system. Sponsors must provide specific data and information in a TEA to demonstrate that the condition has been marketed for a material time and to a material extent to become eligible for consideration in the OTC drug monograph system. When the condition is found eligible, FDA publishes a notice of eligibility and request for safety and effectiveness data for the proposed OTC use. The TEA that the agency reviewed (Ref. 1) and FDA's evaluation of the TEA (Ref. 2) have been placed on public display in the Division of Dockets Management (see ADDRESSES ) under the docket number found in brackets in the heading of this document. Information deemed confidential under 18 U.S.C. 1905, 5 U.S.C. 552(b), or 21 U.S.C. 331(j) was deleted from the TEA before it was placed on public display. II. Request for Data and Information The condition triclosan, 0.3 percent maximum, as an antigingivitis ingredient in dental pastes and oral rinses will be evaluated for inclusion in the monograph being developed for OTC oral health care drug products (21 CFR part 356). FDA will include this condition in its review of antigingivitis/antiplaque drug products. FDA published the advance notice of proposed rulemaking for these products in the **Federal Register** of May 29, 2003 (68 FR 32232). FDA invites all interested persons to submit data and information, as described in § 330.14(f), on the safety and effectiveness of this active ingredient for this use, so that FDA can determine whether it can be GRAS/E and not misbranded under recommended conditions of OTC use. Interested persons should, on or before 90 days after the date of publication in the **Federal Register** , submit comments, data, and information to the Division of Dockets Management (see ADDRESSES ). Three copies of all comments, data, and information are to be submitted. Individuals submitting written information or anyone submitting electronic comments may submit one copy. Submissions are to be identified with the docket number found in brackets in the heading of this document and may be accompanied by supporting information. Received submissions may be seen in the Division of Dockets Management between 9 a.m. and 4 p.m., Monday through Friday. Information submitted after the closing date will not be considered except by petition under 21 CFR 10.30. III. Marketing Policy Under § 330.14(h), any product containing the condition for which data and information are requested may not be marketed as an OTC drug in the United States at this time unless it is the subject of an approved new drug application or abbreviated new drug application. IV. References The following references are on display in the Division of Dockets Management (see ADDRESSES ) and may be seen by interested persons between 9 a.m. and 4 p.m., Monday through Friday. 1. TEA for triclosan as an antigingivitis active ingredient submitted by CIBA Specialty Chemicals Corp. on November 25, 2003. 2. FDA's evaluation and comments on the TEA for triclosan. Dated: June 24, 2004. Jeffrey Shuren, Assistant Commissioner for Policy. [FR Doc. 04-15136 Filed 7-2-04; 8:45 am]

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