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Selected Milestones Of FDA Regulation Of Nonprescription Drugs

This article was originally published in The Tan Sheet

Executive Summary

Since Congress in 1962 passed legislation requiring pre-market approval of OTCs, the agency has marked many milestones in its oversight of nonprescription drugs development and manufacturing.

Self-care opportunities have grown in line with FDA’s regulation of OTC drugs. Self-care expert Bill Soller notes milestones in FDA’s oversight of nonprescription drugs since Congress passed legislation in 1962 requiring pre-market approval of OTCs for the first time.

1962

Congress passes Kefauver-Harris Drug Amendments to ensure drug efficacy and greater drug safety. For the first time, OTC drug manufacturers must have FDA’s pre-market approval of their products.

1972

Over-the-Counter Drug Review begins, defining safety, effectiveness and labeling for 96 OTC monograph categories.

1979

Last advisory panel meeting of the OTC Review held by the OTC Miscellaneous Internal Drug Products Advisory Panel.

1979

Professional labeling of aspirin for expanded use of prevention and treatment of stroke and transient ischemic attacks.

1982

FDA issues tamper-resistant packaging regulations to prevent poisonings. The 1983 Federal Anti-Tampering Act makes it a crime to tamper with packaged consumer products.

1984

Congress passes Drug Price Competition and Patent Term Restoration (Hatch-Waxman) Act, establishing exclusivity for brand name drug development.

1984

In arguably the first major post-monograph NDA Rx-to-OTC switch, ibuprofen is approved as a general analgesic/antipyretic; 25 switches occurred from 1976 through 1983, mostly via monograph.

1985

Professional labeling of aspirin expanded for use of prevention of second heart attacks and prevention of first heart attacks in patients with unstable angina.

1992

The Prescription Drug User Fee Act requires drug and biologics manufacturers to pay fees for product applications and supplements, and other services. The act, reauthorized most recently as PDUFA V in 2012, also requires FDA to use these funds to hire more reviewers to assess applications.

1992

FDA OTC Office initiates informal visit to the Nonprescription Drug Manufacturers Association to begin process of assessing new content and format of OTC drug labeling.

1993

FDA consolidates multiple adverse reaction reporting systems as MedWatch for voluntary reporting of problems associated with medical products to be filed by health professionals, foreshadowing AER reporting for OTC medicines.

1994

First meeting of FDA’s Nonprescription Drugs Advisory Committee.

1994

FDA announces it could consider regulating nicotine in cigarettes as a drug, in response to a citizen petition by the Coalition on Smoking Or Health, presaging OTC nicotine-containing products.

1995

FDA approves Rx-to-OTC switches of H-2 blockers cimetidine, famotidine and ranitidine as acid reducers. SmithKline, since merged with Glaxo Wellcome to become GlaxoSmithKline, marketed Tagamet HB as a cimetidine product; McNeil Consumer Healthcare launched famotidine into the OTC space as Pepcid AC; and ranitidine initially was available OTC as Zantac 75 by Glaxo Wellcome.

1996

An NDA for OTC nicotine polacrilex approved for smoking cessation. GlaxoSmithKline launched the product under the Nicorette brand.

1996

Butoconazole approved as an OTC anticandidal treatment. Bayer marketed the product as Femstat 3.

1997

Triclosan approved for prevention of gingivitis. Colgate-Palmolive used the ingredient in Total Toothpaste.

1997

Chromolyn sodium approved for prevention of allergy attacks. The brand of the initial OTC product with the ingredient, NasalCrom, no longer is available.

1998

Aspirin, acetaminophen, caffeine approved as OTC migraine treatment. Novartis marketed the drug as Excedrin Migraine.

1999

Final rule published mandating OTC Drug Facts Label in a standardized "consumer friendly" format and content.

2000

The Supreme Court upheld a lower court’s decision in FDA vs. Brown & Williamson Tobacco Corp. et al., ruling 5-4 that FDA does not have authority to regulate tobacco as a drug.

2006

FDA approves levonorgestrel (.75 mg /2) switch as OTC emergency contraceptive with age restriction and pharmacy-only sales. Barr Pharmaceuticals, since acquired by Teva Pharmaceutical Industries Ltd., marketed the drug as Plan B.

2006

Congress passes the Dietary Supplement and Nonprescription Drug Consumer Protection Act requiring OTC drug and dietary supplement firms to submit reports on serious adverse events to FDA.

2007

FDA approves OTC switch of orlistat for weight loss. GlaxoSmithKline marketed the drug as alli.

2012

FDA initiates program to explore "Using Innovative Technologies and other Conditions of Safe Use to Expand Which Drug Products Can Be Considered Nonprescription," and later names the program, Nonprescription Safe Use Regulatory Expansion initiative.

2013

Following protracted litigation with women’s health care advocates, FDA agrees to allow sales of Plan B One-Step (levonorgestrel 1.5 mg) without age or point-of-sale restrictions, while generic one- and two-dose levonorgestrel products remain behind the counter and subject to consumer age verification.

2013

FDA approves OTC switch of transdermal oyxbutynin for women’s overactive bladder. Merck & Co. launched the product with the Oxytrol For Women brand.

2013

FDA approves OTC switch of intranasal steroid tiamcinolone for allergy and congestion. Sanofi plans to launch the product in 2014 as Nasacort Allergy 24HR.

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