95-24693. Anticaries Drug Products for Over-the-Counter Human Use; Final Monograph  

  • [Federal Register Volume 60, Number 194 (Friday, October 6, 1995)]
    [Rules and Regulations]
    [Pages 52474-52510]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 95-24693]
    
    
    
    
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    Part II
    
    
    
    
    
    Department of Health and Human Services
    
    
    
    
    
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    Food and Drug Administration
    
    
    
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    21 CFR Part 310 et al.
    
    
    
    Anticaries Drug Products for Over-the-Counter Human Use; Final 
    Monograph; Final Rule
    
    Federal Register / Vol. 60, No. 194 / Friday, October 6, 1995 / Rules 
    and Regulations
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    DEPARTMENT OF HEALTH AND HUMAN SERVICES
    
    Food and Drug Administration
    
    21 CFR Parts 310, 355, and 369
    
    [Docket No. 80N-0042]
    RIN 0910-AA01
    
    
    Anticaries Drug Products for Over-the-Counter Human Use; Final 
    Monograph
    
    AGENCY: Food and Drug Administration, HHS.
    
    ACTION: Final rule.
    
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    SUMMARY: The Food and Drug Administration (FDA) is issuing a final rule 
    in the form of a final monograph establishing conditions under which 
    over-the-counter (OTC) anticaries drug products (products that aid in 
    the prevention of dental cavities) are generally recognized as safe and 
    effective and not misbranded. FDA is issuing this final rule after 
    considering public comments on the agency's proposed regulation, which 
    was issued in the form of a tentative final monograph, and all new data 
    and information on OTC anticaries drug products that have come to the 
    agency's attention. This final monograph is part of the ongoing review 
    of OTC drug products conducted by FDA.
    
    EFFECTIVE DATE: October 7, 1996.
    
    FOR FURTHER INFORMATION CONTACT: William E. Gilbertson, Center for Drug 
    Evaluation and Research (HFD-810), Food and Drug Administration, 5600 
    Fishers Lane, Rockville, MD 20857, 301-594-5000.
    
    SUPPLEMENTARY INFORMATION: In the Federal Register of March 28, 1980 
    (45 FR 20666), FDA published, under Sec. 330.10(a)(6) (21 CFR 
    330.10(a)(6)), an advance notice of proposed rulemaking to establish a 
    monograph for OTC anticaries drug products, together with the 
    recommendations of the Advisory Review Panel on OTC Dentifrice and 
    Dental Care Drug Products (the Panel), which was the advisory review 
    panel responsible for evaluating data on the active ingredients in this 
    drug class. Interested persons were invited to submit comments by June 
    26, 1980. Reply comments in response to comments filed in the initial 
    comment period could be submitted by July 28, 1980.
        In accordance with Sec. 330.10(a)(10), the data and information 
    considered by the Panel, after deletion of a small amount of trade 
    secret information, were placed on display in the Dockets Management 
    Branch (HFA-305), Food and Drug Administration, rm. 1-23, 12420 
    Parklawn Dr., Rockville, MD 20857.
        The agency's proposed regulation, in the form of a tentative final 
    monograph, for OTC anticaries drug products was published in two 
    segments. The first segment was published in the Federal Register of 
    September 30, 1985 (50 FR 39854). It addressed general issues on OTC 
    anticaries drug products, the switch of prescription anticaries drug 
    products to OTC status, specific anticaries active ingredients, dosages 
    for anticaries active ingredients, and labeling of anticaries drug 
    products. Interested persons were invited to file by November 29, 1985, 
    written comments, objections, or requests for oral hearing on the 
    proposed regulation before the Commissioner of Food and Drugs (the 
    Commissioner). Interested persons were invited to file comments on the 
    agency's economic impact determination by January 28, 1986. New data 
    could have been submitted until September 30, 1986, and comments on the 
    new data until December 1, 1986.
        The agency stated in the advance notice of proposed rulemaking that 
    the Panel's recommended Laboratory Testing Profiles (LTP's) represented 
    a new concept with many technical issues yet to be resolved. Thus, the 
    LTP's were not included in the first segment of the tentative final 
    monograph. The agency mentioned in the tentative final monograph (50 FR 
    39854) that an open public meeting was held on September 26 and 27, 
    1983, to discuss unresolved technical issues concerning the LTP's. The 
    LTP's were subsequently discussed in the second segment of the 
    tentative final monograph, published in the Federal Register of June 
    15, 1988 (53 FR 22430). This amendment of the tentative final monograph 
    addressed final formulation testing for monograph active ingredients in 
    dentifrice formulations and issues relating to this testing. Interested 
    persons were invited to file by October 13, 1988, written comments, 
    objections, or requests for oral hearing on the proposed regulation 
    before the Commissioner. Interested persons were invited to file 
    comments on the agency's economic impact determination by October 13, 
    1988. New data could have been submitted until June 15, 1989, and 
    comments on the new data until August 15, 1989.
        In a notice published in the Federal Register of May 8, 1992 (57 FR 
    19823), the agency reopened the administrative record to include data 
    and information in support of a request to increase the package size 
    limitation for fluoride dentifrice drug products from not more than 260 
    milligrams (mg) of total fluorine per package to not more than 350 mg. 
    Interested persons were invited to submit written comments by July 7, 
    1992.
        In the Federal Register of November 24, 1992 (57 FR 55199), the 
    agency also reopened the administrative record to obtain public comment 
    on whether the labeling of OTC fluoride-containing drug products should 
    include the quantity of fluoride, i.e., the specific amount of fluoride 
    present in the product. Interested persons were invited to submit 
    written comments by January 25, 1993. In the Federal Register of 
    January 26, 1993 (58 FR 6102), the agency extended the comment period 
    to March 26, 1993.
        This final rule encompasses all of the above segments. Final agency 
    action on all OTC anticaries drug products occurs with the publication 
    of this final rule establishing a monograph for OTC anticaries drug 
    products.
        The OTC drug procedural regulations (Sec. 330.10) provide that any 
    testing necessary to resolve the safety or effectiveness issues that 
    formerly resulted in a Category III classification, and submission to 
    FDA of the results of that testing or any other data, must be done 
    during the OTC drug rulemaking process before the establishment of a 
    final monograph. Accordingly, FDA is no longer using the terms 
    ``Category I'' (generally recognized as safe and effective and not 
    misbranded), ``Category II'' (not generally recognized as safe and 
    effective or misbranded), and ``Category III'' (available data are 
    insufficient to classify as safe and effective, and further testing is 
    required) at the final monograph stage. In place of Category I, the 
    term ``monograph conditions'' is used; in place of Category II or III, 
    the term ``nonmonograph conditions'' is used.
        As discussed in the proposed regulation for OTC anticaries drug 
    products (50 FR 39854), the agency advised that the conditions under 
    which the drug products that are subject to this monograph will be 
    generally recognized as safe and effective and not misbranded 
    (monograph conditions) will be effective 12 months after the date of 
    publication in the Federal Register. Therefore, on or after October 7, 
    1996, no OTC drug product that is subject to the monograph and that 
    contains a nonmonograph condition, i.e., a condition that would cause 
    the drug to be not generally recognized as safe and effective or to be 
    misbranded, may be initially introduced or initially delivered for 
    introduction into interstate commerce unless it is the subject of an 
    approved application or abbreviated application (hereinafter called 
    application). Further, any OTC drug product subject to this monograph 
    
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    that is repackaged or relabeled after the effective date of the 
    monograph must be in compliance with the monograph regardless of the 
    date the product was initially introduced or initially delivered for 
    introduction into interstate commerce. Manufacturers are encouraged to 
    comply voluntarily with the monograph at the earliest possible date.
        In response to the proposed rule, the amended proposed rule, and 
    the two reopenings of the administrative record for OTC anticaries drug 
    products, 19 drug manufacturers, 2 drug manufacturers associations, 2 
    health care professionals, 1 health care professional society, and 3 
    academic institutions submitted comments. Copies of the comments are on 
    public display in the Dockets Management Branch (address above.) 
    Additional information that has come to the agency's attention since 
    the publication of the proposed rule, amended proposed rule, and 
    notices to reopen the administrative record is also on display in the 
    Dockets Management Branch.
        All ``OTC Volumes'' cited throughout this document refer to the 
    submissions made by interested persons pursuant to the call-for-data 
    notice published in the Federal Register of August 9, 1972 (37 FR 
    16029) or to additional information that has come to the agency's 
    attention since publication of the advance notice of proposed 
    rulemaking. The volumes are on public display in the Dockets Management 
    Branch.
    
    I. The Agency's Conclusions on the Comments-
    
    A. General Comments on Anticaries Drug Products
    
        1. One comment noted its continuing position that FDA could not 
    legally and should not, as a matter of policy, prescribe exclusive 
    lists of terms from which indications for use for OTC drug products 
    must be drawn.-The comment stated that FDA could not legally prohibit 
    alternative OTC indications for use in terminology that is otherwise 
    truthful and not misleading. The comment added that its views on this 
    subject were presented in oral and written testimony submitted to FDA 
    in connection with the September 29, 1982, FDA hearing on the 
    exclusivity policy. The comment noted that a proposed revision to the 
    exclusivity policy had been published on April 22, 1985 (50 FR 15810). 
    The comment mentioned that it had submitted its views in response to 
    that proposal and was incorporating those views into the rulemaking for 
    OTC anticaries drug products. A second comment strongly supported the 
    proposed revision of the exclusivity policy and discussed a number of 
    constitutional and policy concerns about the agency's labeling policies 
    for OTC drug products.
        The agency notes that the comments in the current rulemaking were 
    submitted before the agency published a final rule changing its 
    labeling policy for stating the indications for use of OTC drug 
    products in the Federal Register of May 1, 1986 (51 FR 16258). The 
    comments' concerns were addressed by the agency's change in its 
    labeling policy for stating indications for use. Under the new policy 
    in Sec. 330.1(c)(2) (21 CFR 330.1(c)(2)), the label and labeling of OTC 
    drug products are required to contain in a prominent and conspicuous 
    location, either: (1) The specific wording on indications for use 
    established under an OTC drug monograph, which may appear within a 
    boxed area designated ``APPROVED USES''; (2) other wording describing 
    such indications for use that meets the statutory prohibitions against 
    false or misleading labeling, which shall neither appear within a boxed 
    area nor be designated ``APPROVED USES''; or (3) the approved monograph 
    language on indications, which may appear within a boxed area 
    designated ``APPROVED USES''; plus alternative language describing 
    indications for use that is not false or misleading, which shall appear 
    elsewhere in the labeling.
        2. One comment contended that OTC drug monographs are interpretive, 
    as opposed to substantive, regulations. The comment referred to 
    statements on this issue submitted earlier to other OTC drug rulemaking 
    proceedings.
        The agency addressed this issue in paragraphs 85 through 91 of the 
    preamble to the procedures for classification of OTC drug products, 
    published in the Federal Register of May 11, 1972 (37 FR 9464 at 9467 
    to 9472); in paragraph 3 of the preamble to the tentative final 
    monograph for OTC antacid drug products, published in the Federal 
    Register of November 12, 1973 (38 FR 31260); and in paragraph 1 of the 
    preamble to the tentative final monograph in the present proceeding (50 
    FR 39854 at 39855). FDA reaffirms the conclusions stated in those 
    documents. Court decisions have confirmed the agency's authority to 
    issue substantive regulations by informal rulemaking. (See, e.g., 
    National Nutritional Foods Association v. Weinberger, 512 F.2d 688, 
    696-698 (2d Cir. 1975) and National Association of Pharmaceutical 
    Manufacturers v. FDA, 487 F. Supp. 412 (S.D.N.Y. 1980), aff'd, 637 F.2d 
    887 (2d Cir. 1981).)
        3. One comment noted that interested persons must file new data 
    within 1 year after publication of a tentative final monograph per 21 
    CFR 330.10(a)(7)(iii). For this reason, the comment contended that it 
    is important that persons submitting comments or objections to the 
    tentative final monograph be provided with early feedback from FDA so 
    that sufficient time will remain to allow any necessary additional 
    testing or market research. The comment requested that the agency 
    provide feedback on requests no later than 6 months following the 
    submission of comments or objections to the proposed rule. The comment 
    also asked that the agency's regulations for the OTC drug review be 
    amended to contain this provision.
        The agency is unable to make a specific commitment to provide 
    feedback on all comments and objections received in this and other OTC 
    drug rulemakings within a specific time frame, as requested by the 
    comment. Competing priorities and the constraints of limited resources 
    make this impossible to do. However, the agency does review all 
    comments and objections and tries to provide timely feedback as the 
    situation requires and as workloads permit.
        4. The Public Health Service Ad Hoc Subcommittee on Fluoride of the 
    Committee to Coordinate Environmental Health and Related Programs (the 
    Subcommittee) discussed dental fluorosis resulting from fluoride intake 
    in its report entitled ``Review of Fluoride: Benefits and Risks'' (Ref. 
    1). The Subcommittee stated that dental fluorosis only occurs during 
    tooth formation and becomes apparent upon eruption of the teeth. Dental 
    fluorosis ranges from very mild (symmetrical whitish areas on teeth) to 
    severe (pitting of the enamel, frequently associated with brownish 
    discoloration). The Subcommittee recommended that manufacturers of 
    dental products explore whether the levels of fluoride in their 
    products can be reduced while preserving clinical effectiveness. 
    (However, the Subcommittee did not suggest an acceptable fluoride 
    exposure level.) In response to the Subcommittee's recommendation, the 
    agency asked a professional dental association and two manufacturers 
    associations (Refs. 2, 3, and 4) for information on dentifrices 
    containing low levels of fluoride, particularly for use by children 2 
    to under 6 years of age.
        The dental association stated that it is not currently considering 
    a low fluoride toothpaste, but would evaluate such a product if one 
    were to be submitted. 
    
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    The association indicated that such a product would be accepted if 
    clinical data demonstrating effectiveness were available.
        The two manufacturers associations provided a joint response, in 
    which they reviewed the report and relevant clinical and 
    epidemiological literature, with the following conclusions: (1) There 
    is a lack of scientific support for a cause and effect relationship 
    between the ingestion of fluoride from dentifrice products and the 
    subsequent development of enamel fluorosis; (2) the reported increase 
    in enamel fluorosis, which ranges from very mild to mild, appears to be 
    a result of factors other than dentifrice use, while, importantly, 
    dentifrice use has been the principal contributor to the caries decline 
    over the past 20 years; and (3) manufacturing changes to reduce the 
    fluoride content of baby formulas, as well as cautionary advice to 
    physicians about the administration of fluoride supplements to young 
    children, are steps that have already been initiated and may well 
    counteract the increase of the very mild to mild forms of enamel 
    fluorosis that have been reported, as new epidemiologic data become 
    available in the future.
        The manufacturers associations recommended that there be no 
    reduction in the 850- to 1,150-parts per million (ppm) theoretical 
    total fluorine levels proposed in the tentative final monograph for OTC 
    anticaries drug products, contending that any reduction in this range 
    could have serious public health consequences in terms of reducing the 
    current level of anticaries protection in young children. The 
    associations noted that data from studies evaluating low-potency (250 
    to 550 ppm) fluoride dentifrices were contradictory and very sparse in 
    children 2 to 6 years of age.
        The agency agrees that there is not enough evidence available at 
    this time to support the safety and effectiveness of a low-fluoride 
    dentifrice for children 2 to under 6 years of age, or to determine an 
    appropriate fluoride concentration for a low-level dentifrice. As noted 
    by the Subcommittee, dental fluorosis does not compromise oral health 
    or tooth function as do dental caries. Therefore, the risk of dental 
    caries from inadequate fluoride protection is a greater health hazard 
    than the cosmetic detriment of fluorosis. Until adequate data become 
    available, the agency is not able to generally recognize a low-fluoride 
    dentifrice as safe and effective. If data become available, the agency 
    will consider them.
    
    References
    
        (1) Department of Health and Human Services, ``Review of 
    Fluoride Benefits and Risks: Report of the Ad Hoc Subcommittee on 
    Fluoride, of the Committee to Coordinate Environmental Health and 
    Related Programs,'' February, 1991, in OTC Vol. No. 08AFM, Docket 
    No. 80N-0042, Dockets Management Branch.
        (2) Comment No. LET15, Docket No. 80N-0042, Dockets Management 
    Branch.
        (3) Comment No. LET16, Docket No. 80N-0042, Dockets Management 
    Branch.
        (4) Comment No. LET17, Docket No. 80N-0042, Dockets Management 
    Branch.
        5. One comment stated that the proposed definitions for dentifrice, 
    treatment gel, and treatment rinse in Sec. 355.3(d), (g), and (h), 
    respectively, should be revised to exclude discussion of the ``cosmetic 
    function or nonfunction'' of these treatment categories. The comment 
    noted, for example, that the first sentence in the definition for 
    dentifrice, ``A substance used with a toothbrush to clean the 
    accessible surfaces of the teeth,'' refers to a cosmetic function and 
    should be deleted. The comment proposed modifying the definitions for 
    dentifrice and treatment gel to be consistent with the definition for a 
    treatment rinse as follows: A dentifrice is an abrasive-containing 
    dosage form for delivering an anticaries drug to the teeth, a treatment 
    gel is a gel dosage form for delivering an anticaries drug to the 
    teeth, and a treatment rinse is a liquid dosage form for delivering an 
    anticaries drug to the teeth. The comment suggested the following 
    alternative definition for the entire category of anticaries drug 
    products rather than defining individual dosage forms: ``an anticaries 
    drug product is one which aids in the prevention or treatment of dental 
    caries. It may be formulated as an abrasive-containing paste or powder, 
    nonabrasive-containing gel, liquid rinse, or other appropriate product 
    types.'' The comment concluded that this alternative definition more 
    clearly emphasizes the intended use of these products rather than 
    emphasizing the dosage form.
        Another comment requested that some proposed definitions of OTC 
    anticaries dosage forms be revised to delete those terms that refer to 
    both therapeutic and cosmetic functions. The comment specifically 
    referred to the definitions in Sec. 355.3(a) (abrasive), (d) 
    (dentifrice), (g) (treatment gel), (h) (treatment rinse), (i) 
    (treatment rinse concentrated solution), (j) (treatment rinse 
    effervescent tablets), and (k) (treatment rinse powder). The comment 
    contended that the combination of therapeutic and cosmetic functions in 
    these definitions would be confusing and inappropriate. The comment 
    recommended that this section be revised to more clearly emphasize the 
    intended therapeutic function of these dosage forms. For example, ``an 
    anticaries drug product is one which aids in the prevention or 
    treatment of dental caries (decay, cavities) and may be formulated as 
    an abrasive-containing dentifrice, paste, or powder, nonabrasive gel, 
    liquid rinse, or effervescent powder or tablets.''
        The agency has reviewed the Panel's evaluation of the definition of 
    different fluoride dosage forms and concludes that there is a 
    significant difference between dentifrices and nonabrasive dental gels 
    and rinses. A dentifrice formulation contains an abrasive that is 
    included in the formulation to clean the teeth (45 FR 20666 at 20671), 
    while nonabrasive dental gels and rinses do not (45 FR 20666 at 20671).
        The agency agrees with the comments that OTC drug monographs should 
    not regulate cosmetic claims and are limited to only drug claims. The 
    monograph definitions are intended to refer to the therapeutic uses of 
    the dosage forms defined. Accordingly, the agency is deleting any 
    references to a ``cosmetic function'' (e.g., cleaning) from the 
    proposed definitions. In the definition for dentifrice, the first 
    sentence (``A substance used with a toothbrush to clean the accessible 
    surfaces of the teeth.'') is deleted. The second sentence is revised to 
    read ``An abrasive-containing dosage form for delivering an anticaries 
    drug to the teeth.'' In the definition for treatment gels, the words 
    ``and are not intended for use in cleaning the teeth'' are deleted. 
    Other definitions mentioned by the comment (treatment rinse, treatment 
    rinse concentrated solution, treatment rinse effervescent tablets, and 
    treatment rinse powder) do not need to be revised because they do not 
    contain any ``cosmetic functions'' language.
        6. One comment recommended that the definition of an ``anticaries 
    drug,'' proposed in Sec. 355.3(b) as ``a drug that aids in the 
    prevention of dental cavities (decay, caries),'' be revised to include 
    ``treatment'' in addition to ``prevention'' of dental cavities. The 
    comment also requested that the definition of ``anticaries drug'' 
    reflect the various product dosage forms by adding the following 
    sentence to the definition: ``It may be formulated as an abrasive-
    containing paste or powder, nonabrasive-containing gel, liquid rinse, 
    or other appropriate product type.'' The comment indicated that the 
    expanded definition more clearly defines an anticaries drug and 
    encompasses the various product dosage forms.
    
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        The agency does not agree that the term ``treatment'' alone should 
    be added to the definition of an anticaries drug. In the context of 
    this definition, the word ``treatment'' alone implies that anticaries 
    drug products could treat an existing caries lesion rather than being 
    useful as a preventive treatment. The Panel recommended and the agency 
    previously proposed conditions under which OTC anticaries drug products 
    that aid in the prevention of dental cavities would be generally 
    recognized as safe and effective, and not misbranded (45 FR 20666 at 
    20690 and 50 FR 39854 at 39871). Treatment of dental cavities is 
    generally understood to be a process by which medical or dental 
    intervention in the management of cavities results in either repair or 
    stabilization of tooth decay. Neither the Panel nor the agency received 
    data indicating that fluoridated compounds included in the monograph 
    are effective in treating or stabilizing tooth decay. The fluoride 
    drugs included in the monograph are intended as preventive measures 
    against tooth decay and not as treatment modalities for the management 
    of existing dental cavities. However, if the term ``treatment'' is 
    expanded to read ``prophylactic treatment,'' the preventive nature of 
    such ``treatments'' would not necessarily imply treatment of an 
    existing caries lesion. Prophylactic treatment is generally described 
    as the act or manner of protection for or prevention of disease. Thus, 
    the agency is adding the term ``prophylactic treatment'' in the 
    definition for ``anticaries drug'' in Sec. 355.3(c) of this final 
    monograph.
        The agency does not agree with the comment that the definition of 
    ``anticaries drug'' should specify various dosage forms. The definition 
    is only included in the monograph to reflect the intended use of these 
    drug products.
        The agency agrees with the comment that an ``anticaries drug'' can 
    be formulated in various dosage forms and has defined numerous dosage 
    forms in the final monograph (see Sec. 355.3(e) and (h) through (m)). 
    These dosage forms include those requested by the comment.
        7. Two comments objected to the second sentence of the definition 
    for ``treatment gel'' in proposed Sec. 355.3(g), which reads: 
    ``Treatment gels are formulated in an anhydrous glycerin base with 
    suitable thickening agents included to adjust viscosity.'' The comments 
    indicated that treatment gels, including 0.4-percent stannous fluoride 
    treatment gel, may be formulated in bases that do not contain any 
    anhydrous glycerin compound without compromising the safety or 
    effectiveness of the anticaries drug product. Therefore, the comments 
    recommended that the agency delete the second sentence of the 
    definition.
        The agency does not agree that the second sentence of the 
    definition of a ``treatment gel'' should be deleted. The definition in 
    proposed Sec. 355.3(g) was based on the only formulation for this 
    dosage form that was submitted to the Panel for review. The Panel 
    stated that stannous fluoride is stable in anhydrous glycerin (45 FR 
    20666 at 20688) and defined ``dental gels'' as being ``formulated in an 
    anhydrous glycerin base with suitable thickening agents included to 
    adjust viscosity'' (45 FR 20690). The Panel (45 FR 20688) and the 
    agency have used this definition based on the results of laboratory and 
    clinical studies that supported the safety and effectiveness of a 
    specific formulation. For greater clarity, the agency is changing the 
    term ``treatment gel'' in Sec. 355.3(i) to ``preventive treatment gel'' 
    to make it clear that the product's intended purpose is prevention of 
    dental cavities. Preventive treatment gels formulated in bases other 
    than anhydrous glycerin could be considered for inclusion in the 
    monograph provided that stability of the fluoride compound is 
    demonstrated and the available fluoride ion is not adversely affected 
    by the base used in the formulation. If such a formulation were found 
    acceptable, the definition of a preventive treatment gel could be 
    revised as necessary to describe such a formulation. However, the 
    agency currently has no data to support such formulations. Accordingly, 
    the agency is not revising the definition at this time.
        8. One comment disagreed with the agency's suggestion in the 
    tentative final monograph (53 FR 22430 at 22432) that interested 
    persons may petition the agency to amend the anticaries monograph to 
    include specific organic fluorides as active ingredients for use in 
    dental formulations rather than file to obtain an approved new drug 
    application (NDA). The comment stated that allowing submission of a 
    petition to include organic fluorides in the monograph presupposes that 
    these active ingredients can be shown to be generally recognized as 
    safe and effective, and have been used for a material time and to a 
    material extent. The comment noted that although organic fluoride 
    formulations have been used outside the United States, they do not meet 
    the conditions for inclusion in the OTC drug review because they have 
    never been sold in this country. The comment therefore suggested that 
    the agency not allow the alternative of petitioning to amend the 
    monograph to include organic fluoride formulations, but instead require 
    filing an NDA.
        The agency agrees with the comment that organic fluoride 
    formulations do not have a marketing history in the United States. 
    However, the agency is currently reevaluating whether foreign marketing 
    can satisfy the material time and extent criteria for inclusion of an 
    ingredient in the OTC drug review. The agency intends to address this 
    issue in a future issue of the Federal Register. In the meantime, it 
    would not be in the public interest to unduly delay publication of the 
    final monograph for OTC anticaries drug products while this matter is 
    being resolved.
        Interested persons may submit a petition requesting amendment of 
    the final anticaries monograph to include an organic fluoride 
    formulation. Such a petition would be considered in the context of the 
    agency's reevaluation of the marketing history threshold criteria for 
    the OTC drug review. Alternatively, an NDA may be filed under part 314 
    (21 CFR part 314). With either procedure, the manufacturer must submit 
    adequate data showing the organic fluoride to be safe and effective for 
    its intended use.
    
    B. Comments on Specific Anticaries Active Ingredients and Dosage Forms
    
        9. One comment requested that the agency consider the anticaries 
    activities of both the stannous and the fluoride ions in 0.4 percent 
    stannous fluoride, as well as the combined anticaries effect of the 
    total compound, instead of considering the fluoride ions alone. The 
    comment contended that the stannous ions in 0.4 percent stannous 
    fluoride have significant anticaries properties, by reducing enamel 
    solubility and through antibacterial activity. However, the comment did 
    not submit any data to support its position.
        The Panel reviewed extensive data on stannous fluoride dentifrices, 
    rinses, and gels (45 FR 20666 at 20684 to 20685 and 20687 to 20688) and 
    attributed effectiveness to the fluoride ion present in the product. 
    The agency is not aware of any data supporting anticaries activity of 
    stannous ions in stannous fluoride. Without data demonstrating this 
    activity, the agency has no basis to consider the stannous ions as 
    contributing to the anticaries effects of these drug products.
        10. Several comments requested that the allowable upper limit of 
    fluoride concentration in a dentifrice marketed under the final 
    monograph be increased from 1,150 ppm theoretical total fluorine to 
    1,500 ppm. The comments stated that 850 to 1,150 ppm levels of fluoride 
    in dentifrice products were 
    
    [[Page 52478]]
    established nearly 25 years ago. One comment mentioned that, at that 
    time, concentrations of fluoride were set arbitrarily low because of 
    concerns about fluoride toxicity. The comments indicated that there is 
    sufficient evidence that much higher fluoride concentrations are safe 
    and effective, based on widespread use of such concentrations in the 
    United States and Europe. With more toxicological data now available, 
    the comments suggested a higher dosage of fluorides in dentifrices 
    should be available for persons who reside in nonfluoridated areas or 
    who have a greater propensity to develop caries. The comments contended 
    that such a need has been acknowledged by the agency's approval of an 
    NDA for an ``extra-strength'' (1,500 ppm) fluoride dentifrice. One 
    comment indicated that it manufactures and distributes ``extra-
    strength'' fluoride dentifrices in other countries and has received no 
    reports of ill effects from use of these products.
        The comments submitted several clinical studies (Refs. 1, 2, and 3) 
    demonstrating that a dentifrice containing 1,500 ppm theoretical total 
    fluorine can provide greater anticaries protection than 850- to 1,150-
    ppm levels. The first study (Ref. 1) was a 3-year, double-blind 
    clinical comparison of the anticaries effectiveness of a test 
    dentifrice containing 1.14 percent sodium monofluorophosphate (1,500 
    ppm theoretical total fluorine) with a control dentifrice containing 
    0.76 percent sodium monofluorophosphate (1,000 ppm theoretical total 
    fluorine). This study involved 2,415 children, primarily 8 to 11 years 
    of age, who resided in a nonfluoridated community. The children were 
    randomly assigned to one of the two groups. The children brushed 
    normally at home and participated in a daily supervised toothbrushing 
    exercise at school. Results of this study indicated that 48 percent of 
    the subjects who used the 1,000-ppm fluoride dentifrice remained caries 
    free and 57 percent of those who used the 1,500-ppm dentifrice remained 
    caries free. The study also suggested that the participants using the 
    1,000-ppm dentifrice would have projected a savings of 639 additional 
    surfaces and 344 teeth if they had received the 1,500-ppm dentifrice 
    during the 3-year trial.
        The second study (Ref. 2) was also a 3-year, double-blind clinical 
    comparison of two sodium monofluorophosphate dentifrices, one 
    containing 1,500 ppm and the other containing 1,000 ppm theoretical 
    total fluorine. The study involved 1,913 children between 6 and 11 
    years of age. The subjects were randomly assigned to one of the two 
    groups. The children brushed in the same manner as in the first study. 
    Results of this study demonstrated that, even in an area with optimal 
    water fluoridation, a 1,500-ppm concentration provides greater 
    anticaries protection than a 1,000-ppm theoretical total fluorine 
    concentration.
        The third clinical study (Ref. 3) compared the anticaries effect of 
    three dentifrices containing the following concentrations of 
    theoretical total fluorine: (1) 1,100 ppm (as sodium fluoride), (2) 
    2,800 ppm (as sodium fluoride ), and (3) 2,800 ppm (as sodium 
    monofluorophosphate). Approximately 4,500 school children between 7 and 
    15 years of age, whose community water supply contained less than 0.3 
    ppm fluoride, were assigned at random to brush unsupervised with one of 
    the three dentifrices. Results of the 3-year clinical study showed no 
    significant difference between the 2,800-ppm sodium monofluorophosphate 
    and the positive control (1,100 ppm as sodium fluoride). However, the 
    study demonstrated that the group assigned to brush with sodium 
    fluoride containing 2,800 ppm theoretical total fluoride received an 
    estimated 15 percent fewer cavities than those subjects who brushed 
    with the sodium fluoride dentifrice containing 1,100 ppm theoretical 
    total fluoride.
        One comment noted that two of these clinical studies (Refs. 1 and 
    2) formed the basis for FDA approval of the 1,500-ppm ``extra-
    strength'' dentifrice under an NDA. Based on these data, the comment 
    requested that the 1,500-ppm dentifrice be included in the monograph.
        One comment requested that the agency specifically include higher 
    strength sodium fluoride dentifrice products (1,500 ppm) in the final 
    monograph. The comment stated its belief that consumers should be 
    permitted the widest possible choice of safe and effective OTC drugs 
    and that the monograph should be flexible to permit the use of 
    equivalent fluoride species.
        Several other comments argued that increasing the fluoride 
    concentration to a level as high as 1,500 to 1,650 ppm would be unwise 
    without adequate scientific support to justify the increased risk of 
    developing fluorosis. One comment indicated that clinical trials using 
    higher strength fluoride-containing dentifrices have demonstrated no 
    adverse experiences or changes of any consequence with respect to soft 
    tissue aberrations in children 8 to 12 years of age. However, the 
    comment added that there has not been sufficient attention paid to the 
    potential risk of enamel fluorosis in children under 6 years of age 
    using such higher strength fluoride dentifrices, particularly if the 
    children live in an optimally-fluoridated community. Another comment 
    cited two reports (Refs. 4 and 5) indicating that the prevalence of 
    dental fluorosis in children residing in nonfluoridated areas has 
    increased appreciably during the past decade with more than 20 percent 
    of the children having mild fluorosis. The comment also cited another 
    study (Ref. 6) suggesting that the use of fluoride dentifrices prior to 
    2 years of age is a major risk factor for dental fluorosis. The comment 
    pointed out that modifying the monograph to permit the use of elevated 
    fluoride concentrations in dentifrices (i.e., 1,500 to 1,650 ppm) would 
    clearly increase the risk of children developing dental fluorosis. The 
    comment further stated that the modest increase in anticaries 
    effectiveness attributable to elevated fluoride levels in dentifrices 
    may not be adequate to justify the increased risk of developing 
    fluorosis. The comment concluded that the proposed increase of fluoride 
    in dentifrices to 1,500 ppm would affect the risk/benefit ratio 
    unfavorably. Accordingly, the comment urged the agency to reject the 
    proposed increase in the fluoride level in dentifrices to 1,500 to 
    1,650 ppm.
        Another comment expressed similar concern for the potential risk of 
    enamel fluorosis in children under 6 years of age who may use 
    dentifrices containing the proposed higher levels of fluoride during 
    toothbrushing. The comment indicated that there exists ample 
    documentation that young children swallow a significant amount of 
    dentifrice. The comment submitted two published clinical studies (Refs. 
    7 and 8) evaluating the significance of fluoride dentifrices as a risk 
    factor in dental fluorosis. One study (Ref. 7) indicated that a portion 
    of the dentifrice introduced to the mouth and not expectorated, but 
    swallowed and absorbed, ranged from 0 to 100 percent. The study 
    suggested that inadequate control of the swallowing reflex by younger 
    children accounts for the excessive ingestion of fluorides, 
    particularly from dentifrices and mouthrinses. The other study (Ref. 8) 
    indicated that, on average, children used 0.662 gram (g) of dentifrice 
    and ingested 0.299 g per brushing. Results from this study indicated: 
    (1) The younger the children, the more likely they are to swallow a 
    greater proportion of dentifrice; and (2) young children who rinse 
    their mouths and expectorate properly after brushing ingest less 
    
    [[Page 52479]]
    dentifrice. The comment predicted that if manufacturers are allowed to 
    market an increased level of fluoride without requiring an agency-
    approved application, routine use of these extra strength dentifrices 
    would increase the potential risk of enamel fluorosis in younger 
    children. However, the comment did not indicate how or why the routine 
    use of NDA-approved extra strength dentifrice products would prevent an 
    increased risk of enamel fluorosis in younger children.
        In the tentative final monograph for OTC anticaries drug products 
    (53 FR 22430 at 22432), the agency stated that a 1,500-ppm theoretical 
    total fluoride level is safe, but indicated that general recognition of 
    the effectiveness of this strength fluoride dentifrice must be based on 
    adequate published or publicly available medical and scientific data. 
    Two clinical studies (Refs. 1 and 2) that formed the basis of an agency 
    NDA approval of this strength sodium monofluorophosphate dentifrice 
    have now been included in the public record for this rulemaking by the 
    NDA holder. Results of these studies indicate an enhanced anticaries 
    benefit derived over a 3-year period from the use of the higher 
    fluoride sodium monofluorophosphate dentifrice (1,500 ppm) when 
    compared to the positive control fluoride dentifrice (1,000 ppm). The 
    studies also indicated that children who are at increased risk to 
    develop caries and those with erupting premolars and second molars may 
    derive more benefit from a 1,500-ppm dentifrice than a 1,000-ppm 
    dentifrice.
        The agency has not received any clinical or available fluoride ion 
    data on any 1,500-ppm sodium fluoride dentifrice comparable to the 
    information for 1,500-ppm sodium monofluorophosphate dentifrice. 
    Therefore, the agency is not including higher strength (1,500 ppm) 
    sodium fluoride dentifrice drug products in this final monograph at 
    this time.
        As noted above, comments expressed concern that an increase of 
    theoretical total fluorine to 1,500 ppm could increase the incidence of 
    dental fluorosis in children. The agency agrees that for children under 
    6 years of age a risk/benefit analysis indicates that levels of 
    fluoride in dentifrices should not exceed the currently accepted OTC 
    level of 1,150 ppm (see discussion of fluorosis in comment 23). 
    Although an NDA was approved in 1986 for an extra-strength fluoride 
    dentifrice (1,500 ppm) whose labeling allowed for use in children above 
    2 years of age, the agency recognizes that more recent data (Refs. 4 
    and 8) suggest that the incidence of fluorosis in children under 6 
    years of age is increasing in the United States. The agency does not 
    believe that the increased risk of fluorosis outweighs the benefit of 
    using an extra-strength fluoride dentifrice in children under 6 years 
    of age. The agency has determined from the results of the submitted 
    clinical studies that the enhanced benefit of using an extra-strength 
    dentifrice product does not present additional risk to children above 6 
    years of age and to adults, particularly for those with a greater 
    propensity to develop cavities or for those who live in communities 
    with nonfluoridated water. As discussed in the tentative final 
    monograph (50 FR 39854 at 39864), developing teeth of children under 6 
    years of age may show objectionable dental fluorosis from repeated 
    ingestion of excessive amounts of fluoride. However, epidemiological 
    and clinical findings indicate that the formative state of the teeth of 
    children 6 years of age and older (excepting third molars) is too 
    advanced to be affected by the amount and frequency of use of fluoride 
    dentifrices.
        The agency is including sodium monofluorophosphate dentifrices that 
    contain 1,500 ppm theoretical total fluorine in this final monograph. 
    Because of concerns about dental fluorosis, the agency is requiring 
    that dentifrice products with these fluorine concentrations be clearly 
    labeled for use only by children above 6 years of age. Accordingly, the 
    agency is including the following directions in Sec. 355.50(d)(1)(ii):
        Paste dosage form with a theoretical total fluorine 
    concentration of 1,500 ppm identified in Sec. 355.10(b)(2). Adults 
    and children 6 years of age and older: brush teeth thoroughly, 
    preferably after each meal or at least twice a day, or as directed 
    by a dentist or doctor. Instruct children under 12 years of age in 
    good brushing and rinsing habits (to minimize swallowing). Supervise 
    children as necessary until capable of using without supervision. 
    Children under 6 years of age: Do not use unless directed by a 
    dentist or doctor.
        The agency believes that extra-strength fluoride dentifrice 
    products may be beneficial to consumers who have a greater propensity 
    to develop cavities, and that manufacturers may wish to promote these 
    products for this purpose. Therefore, the agency is expanding 
    Sec. 355.50(f)(2) to include an optional additional labeling statement 
    for these products as follows:
        For dentifrice products containing 1,500 ppm theoretical total 
    fluorine. Adults and children over 6 years of age may wish to use 
    this extra-strength fluoride dentifrice if they reside in a 
    nonfluoridated area or if they have a greater tendency to develop 
    cavities.
        Finally, the agency does not find that sufficient data exist to 
    support the safety and effectiveness of a theoretical total fluorine 
    level above 1,500 ppm. Accordingly, the agency is not including 
    dentifrices with such theoretical total fluorine levels in the 
    monograph.
    
    References-
    
        (1) Conti, J. A. et al., ``A 3-year Clinical Trial to Compare 
    Efficacy of Dentifrices Containing 1.14 Percent and 0.76 Percent 
    Sodium Monofluorophosphate,'' Community Dental Oral Epidemiology, 
    16:135-138, 1988.--
        (2) Fogels, H. R. et al., ``A Clinical Investigation of a High-
    Level Fluoride Dentifrice,'' Journal of Dentistry for Children, 
    55(3):210-215, 1988.---
        (3) Lu, K. H. et al., ``A Three-year Clinical Comparison of a 
    Sodium Monofluorophosphate Dentifrice with Sodium Fluoride 
    Dentifrices on Dental Caries in Children,'' Journal of Dentistry for 
    Children, 54(4):241-244, 1987.
        (4) Woolfolk, M. W. et al., ``Relation of Sources of Systemic 
    Fluoride to Prevalence of Dental Fluorosis,'' Journal of Public 
    Health Dentistry, 49:78-82, 1989.
        (5) Leverett, D. H., ``Fluorides and the Changing Prevalence of 
    Dental Caries,'' Science, 217:26-30, 1982.
        (6) Osuji, O. O. et al., ``Risk Factors for Dental Fluorosis in 
    a Fluoridated Community,'' Journal of Dental Research, 67(12):1488-
    1492, 1988.
        (7) Whitford., G. M., D. W. Allmann, and A. R. Shahed, ``Topical 
    Fluorides: Effects on Physiologic and Biochemical Processes,'' 
    Journal of Dental Research, 66(5):1072-1078, 1987.
        (8) Simard, P. L. et al., ``The Ingestion of Fluoride Dentifrice 
    by Young Children,'' Journal of Dentistry for Children, 56:177-181, 
    1989.
        11. One comment (from the holder of the only approved NDA for a 
    1,500-ppm fluoride dentifrice) provided data indicating that the lowest 
    available fluoride ion concentration measured during the 3-year 
    clinical trial of its 1,500-ppm sodium monofluorophosphate dentifrice 
    product was 1,295 ppm, with an analytical variability of  
    20 ppm (Refs. 1 and 2).
        Based on the available fluoride ion data for this product, the 
    agency has determined at this time that all 1,500-ppm sodium 
    monofluorophosphate dentifrices must provide an available fluoride ion 
    concentration equal to or greater than 1,275 ppm. Accordingly, the 
    agency is including higher strength (1,500 ppm) sodium 
    monofluorophosphate dentifrice products in Sec. 355.10(b)(2) of this 
    final monograph as follows:
        Dentifrices containing 1,500 ppm theoretical total fluorine in a 
    paste dosage form. Sodium monofluorophosphate 1.153 percent with an 
    available fluoride ion concentration (consisting of PO3F= 
    and F- combined) gr-thn-eq 1,275 ppm. 
    
    [[Page 52480]]
    
    
    References
    
        (1) Comment LET18, Docket No. 80N-0042, Dockets Management 
    Branch.
        (2) Comment LET20, Docket No. 80N-0042, Dockets Management 
    Branch.
        12. One comment requested that the active ingredient listings for 
    sodium fluoride treatment rinses in proposed Sec. 355.10(b)(3), (b)(4), 
    and (b)(5) be combined as follows: ``Sodium fluoride 0.02 to 0.05 
    percent in a final solution with a pH of approximately 7.'' The comment 
    stated that this would provide a range of allowable concentrations for 
    these rinses without affecting the technical accuracy of the monograph.
        The agency disagrees with the comment. The active ingredient 
    listings in Sec. 355.10(b)(3), (b)(4), and (b)(5) specify particular 
    concentrations for sodium fluoride in a rinse dosage form. The 
    monograph is not intended to provide a range of concentrations for 
    these products. The 0.02- and 0.05-percent sodium fluoride 
    concentrations were included in the monograph based on separate, 
    independent clinical studies, as discussed for the 0.05-percent 
    concentration in the Panel's report (45 FR 20666 at 20686) and for the 
    0.02-percent concentration in the agency's tentative final monograph 
    (50 FR 39854 at 39863). More importantly, the directions for 0.02 
    percent sodium fluoride in a neutral dental rinse (pH of approximately 
    7) are for use twice daily and for 0.05 percent sodium fluoride rinse 
    are for use only once a day. These dosage regimens are each supported 
    by separate, independent clinical data. There are no data to support 
    directions for other concentrations. Accordingly, there is no basis to 
    combine the active ingredient listings for the sodium fluoride 
    treatment rinses included in this final monograph.
        13. One comment requested that sodium fluoride/sodium bicarbonate 
    powdered dentifrices be included in the final monograph for OTC 
    anticaries drug products. In response to the agency's concerns 
    discussed in the tentative final monograph (53 FR 22430 at 22443) about 
    the safety and effectiveness of powdered fluoride dentifrices, the 
    comment submitted several analytical and biological studies (Ref. 1). 
    The comment contended that these studies demonstrate the effectiveness 
    and comparable bioavailability of a powdered fluoride dentifrice with a 
    toothpaste containing a similar abrasive system and an equivalent 
    concentration of theoretical total fluorine.
        The comment submitted several animal studies (Refs. 2, 3, and 4) 
    that determined the anticaries effect of a sodium fluoride/sodium 
    bicarbonate powdered dentifrice in rats that were infected with highly 
    virulent strains of cariogenic bacteria. In one study (Ref. 2), a group 
    of rats infected with Streptococcus sobrinus that was treated topically 
    with sodium fluoride/sodium bicarbonate powdered dentifrice experienced 
    42 percent fewer caries lesions than a control group treated only with 
    distilled water. Rats exposed to either the tooth powder or 10 ppm 
    fluoridated drinking water produced similar reduction in caries (42 and 
    47 percent, respectively).
        In another study (Ref. 3), rats infected with S. mutans were 
    treated with a 1:2 part slurry of sodium bicarbonate-based powdered 
    dentifrice containing 0.22 percent sodium fluoride (1,000 ppm) in water 
    for 1 minute daily for 3 weeks. Results indicated a 51-percent caries 
    reduction in infected rats treated with the tooth powder as compared to 
    the group of rats treated with distilled water. Rats treated with an 
    equal concentration of sodium fluoride aqueous solution without other 
    inactive ingredients developed a 36-percent reduction in cavities as 
    compared to the control group. The data also indicated that no 
    significant difference in the incidence of cavities was observed in the 
    group of rats treated topically with sodium fluoride/sodium bicarbonate 
    powdered dentifrice and the group of rats receiving no other treatment 
    except 10 ppm fluoride in their drinking water (51 percent versus 54 
    percent).
        In another animal study (Ref. 4), rats infected with S. sobrinus 
    were treated with an undiluted sodium bicarbonate-base powdered 
    dentifrice containing 0.22 percent sodium fluoride. Results of this 
    study indicated a 47-percent reduction in cavities as compared to the 
    control group. This reduction in cavities was not statistically 
    different from the 43-percent reduction in total cavities obtained by 
    topical treatment with an undiluted sodium bicarbonate-based toothpaste 
    containing the same level of sodium fluoride.
        The comment also submitted several clinical studies that evaluated 
    the anticaries effectiveness of fluoridated and nonfluoridated powdered 
    dentifrices. However, the studies involving nonfluoridated powdered 
    dentifrices were not related to and do not support the effectiveness of 
    the comment's dentifrice product that contains sodium fluoride as the 
    active ingredient.
        The comment submitted a 1-year clinical study (Ref. 5) that 
    demonstrated the anticaries effectiveness of tooth powders containing 
    fluorapatite (essentially calcium fluoride). Although the powdered 
    dentifrice used in this study contained an active ingredient 
    (fluorapatite) different than the active ingredient found in the 
    comment's sodium fluoride dentifrice product, the study supported the 
    anticaries effectiveness of a powdered dentifrice dosage form. In this 
    study, 150 medical students brushed daily with one of three dentifrices 
    containing: (1) 71.4 percent fluorapatite, (2) an ion-free ``synthetic 
    apatite'' consisting of hydroxyapatite with a surface layer of 
    fluorapatite (total fluorine content, 0.25 percent), or (3) a control 
    powdered dentifrice not containing fluoride. Results of this study 
    indicated that the group that brushed with the fluorapatite powder and 
    the group that bushed with the ``synthetic apatite'' paste developed an 
    average of 38 and 67 percent fewer cavities, respectively, than those 
    students who brushed with the nonfluoride tooth powder.
        Another study (Ref. 6) compared human enamel uptake of fluoride 
    from a sodium fluoride/sodium bicarbonate dentifrice in a powdered and 
    a paste dosage form. In this study, human enamel was ground and 
    polished flat to provide a uniform surface and then demineralized to 
    create a simulated white-spot caries lesion. Several enamel slabs were 
    exposed continuously for 30 minutes at body temperature to a tooth 
    powder (with a poured-bulk density of 1.0 to 1.2 g/milliliter (mL) and 
    available fluoride ion concentration equal to or greater than 850 ppm) 
    and a toothpaste containing sodium fluoride/sodium bicarbonate with an 
    available fluoride ion concentration equal to or greater than 650 ppm. 
    Results of this study indicated that both the powder and paste dosage 
    forms demonstrated comparable enamel uptake of fluoride ions.
        The comment concluded by stating that the data demonstrate the 
    safety and effectiveness of a powdered dentifrice containing sodium 
    fluoride and show that such a product can provide effectiveness 
    equivalent to a toothpaste containing a similar abrasive system. The 
    comment urged the agency to include sodium fluoride/sodium bicarbonate 
    powdered dentifrices in the final monograph for OTC anticaries drug 
    products.
        The agency has reviewed the data provided by the comment and 
    determined that sufficient data have been provided to generally 
    recognize as safe and effective powdered dentifrices containing sodium 
    fluoride with a sodium bicarbonate abrasive. However, the agency points 
    out that several of the studies submitted measured the anticaries 
    effectiveness of dentifrices containing active agents (fluorapatite, 
    carbamide-urease, and fluoridated table 
    
    [[Page 52481]]
    salt) different than the active ingredient contained in the comment's 
    tooth powder (sodium fluoride). Although the data from one study 
    provide some indication of cariostatic effectiveness of a fluorapatite 
    dentifrice, the agency does not find these studies pertinent to the 
    determination of the safety and effectiveness of the comment's sodium 
    fluoride/sodium bicarbonate powdered dentifrice.
        The agency considers the biological studies submitted by the 
    comment as demonstrating that the bioequivalence and bioavailability of 
    fluoride ions are comparable for sodium fluoride/sodium bicarbonate 
    powdered and paste dentifrices containing the same concentration of 
    theoretical total fluorine. Results of several well-designed animal 
    caries studies (Refs. 2, 3, and 4) demonstrate that rats inoculated 
    with cariogenic bacteria and fed a caries promoting diet developed 42 
    to 51 percent fewer cavities when treated with a topical application of 
    sodium fluoride/sodium bicarbonate powdered dentifrice than rats in a 
    control group. In addition, the agency concludes that the results of 
    the submitted human enamel uptake study (Ref. 6) indicate that the 
    measured human enamel uptake of fluoride from a powder containing 
    sodium fluoride/sodium bicarbonate with a fluoride ion concentration of 
    1,000 ppm was better than the fluoride uptake of a similar dentifrice 
    paste formulation. Although the agency does not believe that this 
    system is comparable to real-life development of early dental caries or 
    that a one-time exposure of enamel slabs continually for 30 minutes at 
    37  deg.C simulates real-life conditions of short, intermittent 
    exposures during a month's usage, the agency does believe that fluoride 
    uptake is a marker of potential anticaries effectiveness and considers 
    the two fluoride dosage forms at least equivalent.
        Accordingly, the agency is including sodium fluoride/sodium 
    bicarbonate powdered dentifrices in Sec. 355.10(a)(2) of this final 
    monograph as follows:
        Dentifrices containing 850 to 1,150 ppm theoretical total 
    fluorine in a powdered dosage form: Sodium fluoride 0.188 to 0.254 
    percent with an available fluoride ion concentration of 
    gr-thn-eq 850 ppm for products containing the abrasive sodium 
    bicarbonate and a poured-bulk density of 1.0 to 1.2 grams per 
    milliliter.
    
    References-
    
        (1) Comment No. C00066, Docket No. 80N-0042, Dockets Management 
    Branch.
        (2) Tanzer, J. M. et al., ``Effects of Bicarbonate-based Dental 
    Powder, Fluoride, and Saccharin on Dental Caries and on 
    Streptococcus  sobrinus Recoveries in Rats,'' Journal of Dental 
    Research, 66(3):791-794, March, 1987.
        (3) Tanzer, J. M. et al., ``Bicarbonate-based Dental Powder, 
    Fluoride, and Saccharin Inhibition of Dental Caries Associated with 
    Streptococcus mutans Infection of Rats,'' Journal of Dental 
    Research, 67(6):969-972, June, 1988.---
        (4) McMahon, T. et al., ``Caries Inhibition by Bicarbonate-based 
    Dental Powder in S. mutans 10449S-infected Rats,'' Journal of Dental 
    Research, 67:343, 1988.
        (5) McClendon, J. F., and W. C. Foster, ``Prevention of Dental 
    Caries by Brushing The Teeth With Powders Containing Fluorapatite,'' 
    Journal of Dental Research, 26:233-239, 1947.--
        (6) Letter from J. J. Hefferren, J. J. Hefferren Resources, 
    Inc., to T. Winston, Church & Dwight Co., Comment No. C00066 
    (Attachment 1), Docket No. 80N-0042, Dockets Management Branch.
        14. One comment responded to the agency's concern expressed in the 
    tentative final monograph (53 FR 22430 at 22444) that several possible 
    methods of applying a powdered dosage form to a toothbrush may lead to 
    significant variations of fluoride ion delivered to the teeth. The 
    comment agreed that directions for using powdered products have been 
    varied. However, the comment indicated that this is not a reason to 
    determine that a sodium fluoride powdered dentifrice would not be safe 
    and effective. The comment added that after several years of marketing 
    a powdered dentifrice, it has found that pouring a powdered dentifrice 
    from a container with a flip-top spout provides a cleaner and simpler 
    application of the product with a uniform dosage of fluoride.
        The comment claimed that the available fluoride ion obtained from 
    two applications of a tooth powder containing a minimum of 850 ppm 
    soluble (available) fluoride ion will be equal to or greater than the 
    Panel's recommended 650 ppm available fluoride ion for sodium fluoride 
    dentifrices. The comment based the need for two applications of tooth 
    powder on its recommendation that sodium fluoride/sodium bicarbonate 
    powdered dentifrices have a poured-bulk density of 1.0 to 1.2 g/mL and 
    an available fluoride ion concentration equal to or greater than 850 
    ppm. The comment responded to several concerns raised by the agency in 
    the tentative final monograph (53 FR 22430 at 22443). These concerns 
    involved previous recommendations that two poured-bulk density ranges 
    (0.5 to 0.99 g/mL and 1.0 to 1.7 g/mL) were necessary for powdered 
    fluoride dentifrices and that two applications per brushing with a 
    powdered dentifrice in the lower poured-bulk density range would 
    provide an appropriate dose of fluoride. The comment stated that the 
    two poured-bulk density ranges were based on the assumption that equal 
    volumes of tooth powder and toothpaste are applied in a single 
    application to the brush; however, that assumption may no longer be 
    correct because of the difference in consistency of the two dosage 
    forms. The comment mentioned that more toothpaste than tooth powder can 
    be applied to a brush without falling off; thus, the level of fluoride 
    delivered to the teeth in one application is greater with a toothpaste 
    than with a tooth powder, assuming comparable theoretical total 
    fluorine.
        The comment submitted a study (Ref. 1) that measured the weight of 
    tooth powder and toothpaste applied in a single application to a tooth 
    brush. Subjects were instructed to generously pour tooth powder onto a 
    wet toothbrush so that the bristles were completely covered. The 
    subjects were also instructed to apply to a similar size brush an 
    amount of toothpaste they would normally use during brushing. The 
    weight of dental powder in a single application was determined by 
    weighing the toothbrush (plus a piece of paper used to catch spillage) 
    before and after application; whereas the weight of the toothpaste was 
    determined by weighing the package before and after applying a single 
    dose to a toothbrush. The results of this study indicated that 
    consumers applied an average of 0.8 g of powdered dentifrice and 1.46 g 
    of paste to the same type of toothbrush. Results of this study 
    indicated that two applications of a powdered dentifrice product of 
    poured-bulk density 1.1 g/mL provides a level of fluoride comparable to 
    a single application of a fluoridated toothpaste containing the same 
    fluoride concentration.
        The data were further analyzed (Ref. 2) to determine what dosage of 
    fluoride would be provided if two applications of tooth powder with an 
    available fluoride concentration of 850 to 1,100 ppm were placed on a 
    toothbrush. The comment stated that, assuming two applications of tooth 
    powder and one of toothpaste, the extrapolated amount of available 
    fluoride ion delivered to the teeth by the tooth powder is comparable 
    to the amount of soluble fluoride ion provided by a toothpaste. Based 
    on these data, the comment recommended that the directions specify two 
    applications of fluoride powder dentifrices containing 850 to 1,100 ppm 
    theoretical total fluorine and a poured-bulk density range of between 
    1.0 and 1.2 g/mL.
        One comment discussed directions for use of powdered fluoride 
    dentifrices by children under 12 years of age. In the 
    
    [[Page 52482]]
    tentative final monograph (53 FR 22430 at 22444), the agency had stated 
    that children under 12 years of age may require greater manual 
    dexterity to properly use a powdered dentifrice than is needed to 
    correctly use a toothpaste. The agency expressed concern about the 
    potential for young children to accidentally consume a toxic amount of 
    fluoride when using a tooth powder compared to a toothpaste. The 
    comment contended that powdered dentifrices do not pose any greater 
    risk over pastes for accidental overdoses by children. The comment 
    added that, while it believes that children between 6 and 12 years of 
    age can use a powdered dentifrice properly, it has no objection to the 
    monograph providing that powdered dentifrices not be labeled for use by 
    children under 6 years of age and requiring labeling that states use by 
    children 6 to under 12 years of age should be only with adult 
    supervision. However, the comment expressed concern that such labeling 
    might give the false impression that there is an inherent unsafe 
    quality with the product, rather than merely a difficulty for children 
    to use the product properly. The comment suggested the monograph 
    include the following directions and labeling for powdered fluoride 
    dentifrices to prevent any such false impressions: ``Since a powdered 
    fluoride dentifrice may be difficult for children to use, this product 
    is not recommended for children under 6. Children between the ages of 6 
    and 12 should use this product under adult supervision.''
        The agency has reviewed the data (Refs. 1 and 2) and determined 
    that the directions for use of fluoride powdered dentifrices with a 
    poured-bulk density of 1.0 to 1.2 g/mL and an available fluoride ion 
    concentration equal to or greater than 850 ppm must specify two 
    applications to deliver a comparable amount of fluoride as a fluoride 
    toothpaste of the same strength. One study (Ref. 1) showed that in a 
    single application 45 percent less tooth powder than toothpaste was 
    applied to a similar size brush. Because spillage that occurred during 
    the weighing procedure was included in the final applied weight of 
    powder, even less tooth powder than toothpaste was actually placed on 
    the brush. Thus, the agency agrees with the comment that consumers who 
    use two applications of a fluoride tooth powder with a poured-bulk 
    density of 1.0 to 1.2 g/mL containing 850 to 1,100 ppm available 
    fluoride ion receive an amount of fluoride ion comparable to using a 
    single application of a sodium fluoride toothpaste with an available 
    fluoride ion concentration equal to or greater than 650 ppm. 
    Accordingly, the agency is including directions in this final monograph 
    that provide for two applications of fluoride powdered dentifrices. The 
    agency is also including in the LTP tables a poured-bulk density range 
    of 1.0 to 1.2 g/mL for powdered dentifrices (see section I.F., comment 
    37 of this document).
        Regarding the use of powdered fluoride dentifrices by children, the 
    agency does not believe that powdered fluoride dentifrices pose a 
    greater threat for accidental ingestion than fluoride toothpaste. Also, 
    the agency does not believe that children 6 years of age and older are 
    likely to consume a toxic amount of fluoride from a dentifrice powder. 
    In most instances, such products will be used under adult supervision. 
    Further, existing regulations (Sec. 310.201(a)(10)(iv)) establish 
    package size limitations for sodium fluoride preparations.
        The agency agrees with the comment that these products should not 
    be labeled for use by children under 6 years of age, and should be 
    labeled for use with adult supervision by children 6 to under 12 years 
    of age. Accordingly, the agency is adding the following directions for 
    powdered dentifrices in Sec. 355.50(d)(1)(iii):
        Powdered dosage form with a theoretical total fluorine 
    concentration of 850 to 1,150 ppm identified in Sec. 355.10(b)(2). 
    Adults and children 6 years of age and older: Apply powder to a wet 
    toothbrush; completely cover all bristles. Brush for at least 30 
    seconds. Reapply powder as before and brush again. Rinse and spit 
    out thoroughly. Brush teeth, preferably after each meal or at least 
    twice a day, or as directed by a dentist or doctor. Instruct 
    children under 12 years of age in good brushing and rinsing habits 
    (to minimize swallowing). Supervise children as necessary until 
    capable of using without supervision. Children under 6 years of age: 
    Do not use unless directed by a dentist or doctor.
        The agency believes that these directions will not give consumers a 
    false impression that there is any inherent unsafe quality with these 
    products.
    
    References-
    
        (1) J. Ross Associates, ``A Dentifrice Use Test,'' draft of 
    unpublished study, Comment No. C00066 (Attachment I, Exhibit 5), 
    Docket No. 80N-0042, Dockets Management Branch.
        (2) J. Ross Associates, ``A Dentifrice Use Test,'' draft of 
    unpublished study, Comment No. C00066 (Attachment I, Exhibit 7), 
    Docket No. 80N-0042, Dockets Management Branch.
        15. One comment agreed with the agency's concern expressed in the 
    tentative final monograph (53 FR 22430 at 22444) that proper packaging 
    is important to prevent moisture contamination of a powdered 
    dentifrice, particularly in areas where the humidity is high due to 
    showering and bathing. The comment indicated that its powdered 
    dentifrice product is sold in a plastic bottle with a flip top cap and, 
    therefore, quite effectively prevents moisture contamination.
        As discussed in the tentative final monograph (53 FR 22444), the 
    agency agrees with the comment that powdered fluoride dentifrices would 
    probably remain more stable for a longer period of time than the paste 
    form because there would be less interaction between dry ingredients 
    during storage of the dentifrice. However, the agency recognizes that 
    the storage conditions of a powdered fluoride dentifrice would have a 
    significant impact on whether the product would remain stable longer 
    than the paste form. Storage of the powdered product in areas where the 
    humidity is high due to showering and bathing would require that the 
    container be resistant to moisture contamination.
        A ``tight container,'' as defined in the United States Pharmacopeia 
    (U.S.P.), would meet this criterion. The U.S.P. defines a ``tight 
    container'' (Ref. 1) as a container that ``protects the contents from 
    contamination by extraneous liquids, solids, or vapors, from loss of 
    the article, and from efflorescence, deliquescence, or evaporation 
    under the ordinary or customary conditions of handling, shipment, 
    storage, and distribution, and is capable of tight re-closure.''
        In addition, Sec. 211.94 (21 CFR 211.94) of the FDA current good 
    manufacturing practice (GMP) regulations addresses drug product 
    containers and closures. Section 211.194(a) states: ``Drug product 
    containers and closures shall not be reactive, additive, or absorptive 
    so as to alter the safety, identity, strength, quality, or purity of 
    the drug beyond the official or established requirements.'' Section 
    211.194(b) states: ``Container closure systems shall provide adequate 
    protection against foreseeable external factors in storage and use that 
    can cause deterioration or contamination of the drug product.''
        Therefore, based on Sec. 211.94 of the FDA GMP regulations and the 
    U.S.P. standard for a ``tight container,'' the agency is adding a new 
    paragraph in Sec. 355.20(b) that reads: ``Tight container packaging. To 
    minimize moisture contamination, all fluoride powdered dentifrices 
    shall be packaged in a tight container, which is defined as a container 
    that protects the contents from contamination by extraneous liquids, 
    solids, or vapors, from loss of the article, and from efflorescence, 
    deliquescence, 
    
    [[Page 52483]]
    or evaporation under the ordinary or customary conditions of handling, 
    shipment, storage, and distribution, and is capable of tight 
    reclosure.''
    
    Reference-
    
        (1) The United States Pharmacopeia 23--The National Formulary 
    18, United States Pharmacopeial Convention, Inc., Rockville, MD, p. 
    10, 1994.
    
    C. Comments on Labeling of OTC Anticaries Drug Products
    
        16. One comment responded to the agency's question whether 
    consumers would benefit in having OTC fluoride-containing drug products 
    labeled to state their fluoride levels. The comment objected to 
    fluoride level labeling for OTC anticaries drug products and provided 
    the results of a consumer survey as support (Ref. 1). The survey was 
    conducted in shopping malls in eight different geographic areas and 
    included a sample of 200 women between the ages of 18 and 49. The women 
    routinely purchased dentifrice products for their households. In 
    addition, 150 women with children between 1 and 5 years of age were 
    interviewed to determine the habits and practices of women with 
    children regarding the use of fluoride dentifrices. The comment stated 
    that the results of the survey indicate that: (1) Consumers believe 
    that fluoride in dentifrice products is important in preventing 
    cavities, (2) regardless of the unit of measurement, e.g., ppm, 
    percent, or milligrams per inch (mg/in), used to label the fluoride 
    concentration, consumers believe ``more is better'' when choosing a 
    dentifrice because they consistently selected dentifrices labeled with 
    the higher net fluoride, indicating that consumers believe that there 
    are differences in the effectiveness of fluoride dentifrice products, 
    (3) most consumers know how to use fluoride dentifrices, (4) most 
    consumers are aware of the fluoride ingredient in the toothpaste, and 
    (5) most parents take an interest in and supervise their children's 
    brushing habits. Based on these results, the comment concluded that 
    labeling fluoride-containing products to state their fluoride levels is 
    not useful to consumers and could be misleading. The comment 
    recommended that such labeling not be required for OTC fluoride drug 
    products.
        The agency has evaluated the consumer survey and determined that it 
    has some methodology deficiencies. The major deficiency is an 
    inadequate respondent sample size. In order to generalize the findings 
    of this study to the general population, it would be necessary to have 
    a larger number of respondents. Further, the survey involved only women 
    between the ages of 18 and 49 years of age. There were no men in the 
    survey nor women above 49 years of age; these people might also have 
    reasons for wanting to know the fluoride content. In addition, the 
    survey did not attempt to assess the relative understanding by the 
    respondents of the various methods of expressing quantities of 
    fluoride. Contextual material could have been used to clarify the 
    meaning of the measures used, making it more likely that consumers 
    could make use of the information provided, regardless of the type of 
    measurements used.
        Nonetheless, the survey provides some useful information. It 
    demonstrates that more consumers chose a dentifrice labeled with the 
    higher net fluoride content, based on the concept that ``more fluoride 
    is better.'' Rather than emphasizing fluoride concentration numbers, 
    the agency believes that labeling would be more beneficial if it 
    informs consumers who have a greater propensity to develop cavities of 
    the need to use a higher strength fluoride dentifrice. Therefore, in 
    this final rule, the agency is including in Sec. 355.50(f)(2) the 
    following optional additional labeling statement for dentifrice 
    products containing 1,500 ppm theoretical total fluorine: ``Adults and 
    children over 6 years of age may wish to use this extra-strength 
    fluoride dentifrice if they reside in a nonfluoridated area or if they 
    have a greater tendency to develop cavities.'' Because of concerns 
    about dental fluorosis occurring in children under 6 years of age, the 
    agency is requiring extra-strength fluoride dentifrice products to 
    state in their labeling that the product should not be used by children 
    under 6 years of age unless directed by a doctor or dentist. (See 
    section I.B., comment 10 of this document.)
        In conclusion, no comments, data, or information were submitted in 
    support of fluoride level labeling. Accordingly, this final monograph 
    does not contain a requirement that fluoride-containing dentifrice 
    products label the quantity of fluoride. However, it does provide an 
    optional additional labeling statement that manufacturers may use for 
    these products.
    
    Reference-
    
        (1) Comment No. C0097, Docket No. 80N-0042, Dockets Management 
    Branch.
        17. One comment objected to the inclusion of the term ``treatment'' 
    as the single recommended term in the proposed statement of identity in 
    Sec. 355.50(a). The comment stated that the terms ``treatment'' and 
    ``dental'' are both appropriate statements of identity for various 
    anticavity product dosage forms and that other equally truthful and 
    nonmisleading identifiers are also appropriate. The comment made two 
    recommendations: (1) The term ``treatment'' be retained as an optional 
    statement of identify for gels, rinses, concentrated rinses, rinse 
    powders, or rinse effervescent tablets, and (2) the term ``dental'' 
    also be listed as optional, such as in connection with a professionally 
    promoted ``dental treatment gel.'' The comment concluded that its 
    suggested revisions to Sec. 355.50(a) would provide for truthful and 
    accurate statements of identity.
        Another comment suggested that the agency delete the term 
    ``treatment'' from the statement of identity and permit ``anticavity 
    dental rinse'' or ``fluoride dental rinse'' as a statement of identity, 
    because the term ``treatment'' does not appropriately describe the 
    activity of these products. The comment stated that these rinse 
    products provide their anticaries benefits primarily through a 
    prophylactic mode of action and are perceived by consumers as 
    preventive prophylactic measures rather than therapeutic treatments. 
    The mechanism of fluoride action is well recognized in the scientific 
    community and was addressed in the Panel's report (45 FR 20666 at 
    20672). According to the comment, the Panel noted that fluoride 
    increases enamel resistance to acid solubility, making the teeth less 
    susceptible to plaque acid attack, thereby producing its cariostatic 
    effect. The comment concluded this is primarily a preventive mode of 
    action as contrasted to a therapeutic action. The comment thus proposed 
    that the agency delete the term ``treatment'' from the statement of 
    identity and permit ``anticavity dental rinse'' or ``fluoride dental 
    rinse'' as a statement of identity. The comment concluded that these 
    statements of identity are more descriptive and meaningful to consumers 
    and more accurately define the therapeutic benefit of an anticaries 
    drug product.
        The agency discussed the use of the term ``treatment'' as part of 
    the statement of identity for nonabrasive gels and rinses in the 
    tentative final monograph (50 FR 39854 at 39866) in response to a 
    comment that pointed out that some current dentifrice (abrasive-
    containing) products are transparent or translucent and are called gels 
    by manufacturers and consumers. Two other comments also expressed 
    concern that the use of the term ``gel'' alone for a nonabrasive 0.4-
    percent stannous fluoride product could be confusing to 
    
    [[Page 52484]]
    the consumer in distinguishing between abrasive and nonabrasive 
    fluoride gels; these comments suggested the term ``nonabrasive dental 
    gel.'' The agency agreed with the comments that it is important to 
    provide labeling that would allow consumers to easily distinguish 
    between a nonabrasive and an abrasive-containing fluoride gel, but 
    stated that the term ``nonabrasive'' may not be meaningful for 
    consumers. The agency also stated that because nonabrasive fluoride 
    gels had not been widely marketed, consumers were not familiar with the 
    use of the term ``dental gel'' to identify such products, particularly 
    in the context of widely marketed abrasive-containing fluoride 
    dentifrices labeled as gels. Thus, the agency proposed that the term 
    ``treatment'' be included in the statement of identity for all 
    nonabrasive OTC fluoride products to clearly distinguish between a 
    dentifrice and a nonabrasive fluoride product.
        The agency agrees with the comment that the term ``treatment'' can 
    be optional for fluoride dental rinses, but disagrees with making this 
    term optional for nonabrasive fluoride gels. As discussed in section 
    I.A., comment 7 of this document, the agency has added the word 
    ``preventive'' to the definition of a ``treatment gel.'' The comments 
    did not discuss the possibility that consumers could be confused in 
    distinguishing a nonabrasive fluoride treatment gel from an abrasive-
    containing dentifrice gel. The comment also did not explain how such 
    labeling would distinguish a nonabrasive fluoride gel from an abrasive 
    fluoride dentifrice. In order for consumers to be better able to make 
    this distinction, the agency is requiring that the term ``preventive 
    treatment'' be included in the statement of identity for nonabrasive 
    fluoride gels. Because a distinction is not needed for fluoride dental 
    rinses, the agency is providing that the phrase ``preventive 
    treatment'' be optional in the statement of identity for these 
    products. The statement of identity for OTC anticaries drug products in 
    Sec. 355.50(a) of this final monograph reads as follows:
        The labeling of the product contains the established name of the 
    drug, if any, and identifies the product as the following: 
    ``anticavity fluoride'' (select one of the following as appropriate: 
    ``dentifrice,'' ``toothpaste,'' ``tooth polish,'' ``tooth powder;'' 
    (optional: ``dental'') ``preventive treatment gel;'' or (optional: 
    ``preventive treatment'' or ``dental'')) (select one of the 
    following: ``rinse,'' ``concentrated solution,'' ``rinse powder,'' 
    or ``rinse effervescent tablets''). The word ``mouthwash'' may be 
    substituted for the word ``rinse'' in this statement of identity if 
    the product also has a cosmetic use, as defined in section 201(i) of 
    the Federal Food, Drug, and Cosmetic Act (the act) (21 U.S.C. 
    321(i)).
        18. One comment requested revisions in the proposed statement of 
    identity for fluoride-containing products in Sec. 355.50(a). The 
    comment contended that a fluoride-containing liquid product labeled 
    both to prevent cavities and to freshen the breath should be identified 
    as an ``anticavity or fluoride mouthwash,'' whereas a fluoride rinse 
    that makes no cosmetic claims should properly be identified as an 
    ``anticavity or fluoride rinse.''
        Several other comments requested that the statement of identity for 
    anticaries drug products include the terms ``tooth powder'' and ``tooth 
    polish.'' The comments stated that these terms are commonly recognized 
    and have been used in dentifrice product labeling for many years.-
        The agency agrees that a fluoride-containing liquid product 
    represented both to prevent cavities and to freshen the breath can 
    properly be identified as an ``anticavity or fluoride mouthwash.'' 
    Further, the agency agrees that a fluoride rinse with no cosmetic 
    claims in its labeling is appropriately identified as a ``rinse.'' The 
    agency also agrees that the terms ``tooth polish'' and ``tooth powder'' 
    are suitable for use as part of the statement of identity for 
    anticaries drug products. The word ``tooth'' indicates the site of 
    usage; ``powder'' is a dosage form; and ``polish'' has been used in 
    labeling of these products for many years without consumer confusion. 
    The word ``polish'' indicates a cosmetic usage. As discussed in comment 
    19, the agency's OTC drug regulations do not prohibit placing a 
    cosmetic statement of identity of a drug/cosmetic product on the 
    principal display panel. Accordingly, the agency is including the terms 
    ``mouthwash'' (if the product also has a cosmetic use), ``tooth 
    polish,'' and ``tooth powder'' in Sec. 355.50(a) in this final rule. 
    (For further discussion of the statement of identity, see section I.C., 
    comments 17 and 19 of this document.)
        19. Two comments noted that many anticaries drug products also 
    properly contain cosmetic ingredients and include cosmetic labeling. 
    The comments contended that manufacturers must be permitted to label 
    such products with statements of identity that include truthful drug/
    cosmetic terminology. For example, the comments stated that the same 
    product may be used both as an anticaries dentifrice and as a cleaning 
    and breath freshening toothpaste. The comment maintained that such a 
    product should be able to truthfully declare in its statement of 
    identity what it is and what it does.
        One comment maintained that the agency's labeling policy set forth 
    in a proposal to amend the statement of identity requirements for OTC 
    drugs published in the Federal Register of April 17, 1986 (51 FR 
    13023), along with the agency's exclusivity and label separation 
    policies, make it impossible for a manufacturer to comply with both the 
    drug and cosmetic labeling requirements set forth in the statute and 
    regulations. The comment pointed out that existing FDA regulations 
    require that the statement of identity for both drug and cosmetic 
    products appear on the principal display panel of the product. The 
    comment contended that the effect of the agency's drug-cosmetic label 
    separation policy is that the cosmetic statement of identity may not be 
    placed on the principal display panel.
        The comment argued that cosmetic terminology should be allowed 
    anywhere in the labeling of an anticaries dentifrice that is also a 
    cosmetic product so long as it does not render the product's labeling 
    false or misleading. The comment argued that consumers would not be 
    misled by the inclusion of both kinds of labeling on an anticaries drug 
    product. On the contrary, the comment stated that consumers would more 
    likely be misled if the drug and cosmetic statements of identity and 
    other claims were to appear on entirely different portions of the 
    label. The comment concluded that there is no legal or policy 
    justification for this label separation policy.
        If a product covered by this rulemaking is marketed for both drug 
    and cosmetic use, it must conform to the requirements of the final OTC 
    drug monograph and bear appropriate labeling for cosmetic uses in 
    accord with section 602 of the act (21 U.S.C. 362) and the provisions 
    of 21 CFR parts 701 and 740.
        Sections 201.61 and 701.11 of the CFR require that the statement of 
    identity for OTC drug and cosmetic products each appear on the 
    principal display panel of the product. The agency's OTC drug 
    regulations do not prohibit placing the cosmetic statement of identity 
    of a drug/cosmetic product on the principal display panel. However, in 
    accordance with the revised labeling requirements for OTC drug 
    products, cosmetic claims may not appear within the boxed area 
    designated ``APPROVED USES.'' (See section I.A., comment 1 of this 
    document.) As discussed in the final rule on the agency's ``exclusivity 
    policy'' (51 FR 16258 at 16264 (paragraph 14)), cosmetic terminology is 
    
    
    [[Page 52485]]
    not reviewed and approved by FDA in the OTC drug monographs and 
    therefore can not be placed in the boxed portion of the label. Cosmetic 
    terminology can, however, be placed outside the box and on the 
    product's principal display panel. In addition, cosmetic claims may 
    appear elsewhere in the labeling should manufacturers choose the 
    labeling alternative provided in Sec. 330.1(c)(2)(i) or (c)(2)(iii) for 
    labeling drug/cosmetic products. Although the agency does not 
    specifically prohibit commingled drug and cosmetic labeling other than 
    in the product's indications section, such claims should be 
    appropriately described so that consumers will be readily able to 
    differentiate the drug aspects from the cosmetic aspects of such 
    labeling. If commingled drug and cosmetic labeling claims are confusing 
    or misleading, the product's labeling could be misleading within the 
    meaning of sections 502(a) and 602(a) of the act (21 U.S.C. 352(a) and 
    362(a)).
        20. One comment objected to the first portion of the agency's 
    proposed additional labeling statement for fluoride dental rinses in 
    Sec. 355.50(e)(2), which states: ``This is a(n)'' (select one or both 
    of the following: ``anticavity'' or ``fluoride'') ``treatment rinse, 
    not a mouthwash. Read directions carefully before using.'' The comment 
    contended that a properly formulated and labeled product could be 
    legally and accurately promoted as both an anticavity dental rinse and 
    a cosmetic mouthwash. The comment added that requiring the ``not a 
    mouthwash'' statement on fluoride dental rinses is not consistent with 
    the agency's well-established policy regarding OTC drugs that claim 
    both therapeutic and cosmetic benefits. The comment stated that dual 
    drug/cosmetic labeling is permitted in other product categories (e.g., 
    antiperspirants, dentifrices, and antidandruff shampoos), and that the 
    agency does not require similar labeling statements for such products. 
    The comment contended that requiring an anticavity dental rinse/
    mouthwash product to display the ``not a mouthwash'' labeling statement 
    is inconsistent with agency policy for these other OTC products and 
    could be confusing to consumers who have been receiving both benefits 
    from previous use of these products.
        The comment argued that the agency's proposal would adversely 
    affect the truthful promotion of OTC anticavity dental rinses, and that 
    consumers desiring both anticavity and breath freshening activity would 
    have to purchase two separate products (i.e., an anticavity dental 
    rinse and a cosmetic mouthwash) instead of purchasing one product that 
    would provide both benefits. The comment requested the agency to delete 
    the statement in proposed Sec. 355.50(e)(2) that says ``This is a(n)'' 
    (select one or both of the following: ``anticavity'' or ``fluoride'') 
    ``treatment rinse, not a mouthwash.''
        In the tentative final monograph for OTC anticaries drug products, 
    the agency expressed concern that, because fluoride dental rinses and 
    cosmetic mouthwashes are similar in appearance, consumers might confuse 
    such products (50 FR 39854 at 39869). The agency stated that proper 
    labeling is an important aid to preventing consumer confusion as to the 
    use of these products. Therefore, the agency proposed labeling, 
    including the labeling statement ``* * * not a mouthwash * * *'' in 
    Sec. 355.50(e)(2), to minimize confusion and to help consumers 
    distinguish between dental rinses and cosmetic mouthwashes.
        The agency sees no reason why an appropriately labeled OTC fluoride 
    rinse cannot also be used for freshening the breath. Such a product can 
    properly be identified as an anticavity or fluoride rinse or mouthwash 
    (see section I.C., comment 18 of this document). However, the agency 
    believes that proper labeling of OTC fluoride rinses is an important 
    factor in helping to ensure the safe and effective use of these 
    products.
        The agency is concerned that, based upon familiarity with cosmetic 
    mouthwash use, a consumer might overuse and/or misuse an OTC fluoride 
    rinse. For example, directions for use of fluoride rinses are notably 
    different from directions for use of cosmetic mouthwashes. Cosmetic 
    mouthwashes are often labeled for multiple use during the day (e.g., 
    ``first thing in the morning, after meals, and before social 
    engagements'') (Ref. 1). Fluoride rinses are labeled for use once or 
    twice a day (Sec. 355.50(d)(2)). Cosmetic mouthwash labeling directs 
    consumers to ``rinse or gargle 30 seconds'' (Ref. 1). The directions 
    for use of fluoride rinses state that consumers should ``* * * swish * 
    * * between your teeth for 1 minute * * * Do not eat or drink for 30 
    minutes after rinsing'' (Sec. 355.50(d)(2)).
        Based on the above discussion, the agency has determined that the 
    ``not a mouthwash'' statement need not be required labeling for OTC 
    fluoride rinses. Accordingly, the agency is not including proposed 
    Sec. 355.50(e)(2) in this final monograph. However, in order to 
    maximize the safe and effective use of OTC fluoride rinses, the agency 
    concludes that these products must contain labeling that clearly 
    instructs consumers to read the directions. The agency also believes 
    that this information should be displayed on the principal display 
    panel. Therefore, the agency is including in this final monograph new 
    Sec. 355.55 as follows: ``Principal display panel of all fluoride rinse 
    drug products. In addition to the statement of identity required in 
    Sec. 355.50, the following statement shall be prominently placed on the 
    principal display panel: `IMPORTANT: Read directions for proper use'.''
    
    Reference-
    
        (1) Labeling for Scope, OTC Vol. 08AFM, Docket No. 
    80N-0042, Dockets Management Branch.
        21. One comment disagreed that the heading ``Indication'' proposed 
    in Sec. 355.50(b) was needed in the labeling of OTC fluoride dentifrice 
    products. The comment contended that the function of a fluoride 
    toothpaste is generally known, and consumers have safely and correctly 
    used these products for years without the heading ``Indication'' in the 
    labeling of these products. The comment added that the consuming public 
    probably does not consider fluoride toothpaste to be a drug in the same 
    sense as other common OTC drug products; thus, consumers could be 
    confused by this new labeling requirement. The comment suggested that 
    Sec. 355.50(b) be revised to make use of the heading ``Indication'' 
    optional.
        The agency does not agree that the heading ``Indication(s)'' should 
    be optional. All OTC drug monographs in parts 331 through 358 (21 CFR 
    331 through 358) have been promulgated with a standard ``Indications'' 
    paragraph requiring that the labeling of the product state its FDA 
    approved use(s) under the heading ``Indication(s).'' However, two 
    general OTC drug product labeling provisions, which were promulgated 
    after the comment was submitted, provide alternatives. Section 
    330.1(c)(2)(i) provides that, at the option of the manufacturer, the 
    ``Indications'' may be designated ``APPROVED USES'' or given a similar 
    designation as permitted in that paragraph of the regulations. Section 
    330.1(i)(8) provides that ``indications'' or ``uses'' may be used 
    interchangeably.
        Although the comment claims that consumers may not be accustomed to 
    reading such information on dentifrice product labels, the agency 
    believes that consumers should be aware that these products are drugs. 
    This same principle would apply to other OTC products that consumers 
    might not consider to be drugs because they have not contained such 
    labeling in the past, e.g., antiperspirants and sunscreens. The comment 
    did not provide any evidence that consumers would be confused by 
    
    [[Page 52486]]
    reading this type of labeling, which has appeared for years on many 
    widely used OTC drug products. The agency finds that informative 
    headings such as ``Indications'' or ``Uses'' (as well as ``Warnings'' 
    and ``Directions'') are useful to consumers and provide uniformity to 
    OTC drug product labeling. Therefore, the agency is not making use of 
    the heading ``Indication(s)'' optional.
        22. One comment noted that Sec. 330.1(g) (21 CFR 330.1(g)) requires 
    that all drugs, unless exempted, be labeled with the warning ``Keep 
    this and all drugs out of the reach of children.'' The comment stated 
    that OTC anticaries dentifrices and rinses obviously should not be 
    subject to the general warning because they bear directions for use by 
    children. The comment requested that OTC anticaries drug products be 
    exempted from the requirement to bear this warning.
        The agency agrees, in part, with the comment. The agency recognizes 
    that fluoride dentifrices are generally kept within the reach of 
    children to encourage use on a regular basis. The agency is concerned 
    that the general warning ``Keep this and all drugs out of the reach of 
    children'' could discourage or inhibit parents from keeping fluoride 
    dentifrices within easy reach of children 6 years of age and older who 
    are able to use dentifrice products safely and effectively. However, 
    these products should not be within easy reach of children under 6 
    years of age, who should be supervised and instructed in the proper use 
    of these products and who are vulnerable to dental fluorosis. Thus, in 
    Sec. 355.50(c) of this final monograph, the agency is modifying the 
    Sec. 330.1(g) warning to read as follows for fluoride dentifrice 
    products: ``Keep out of the reach of children under 6 years of age.''
        The agency disagrees with the comment with respect to fluoride 
    rinses and gels. The agency believes that these dosage forms should not 
    be within easy reach of any children. These products are not indicated 
    for use in children under 6 years of age on an OTC basis. For children 
    6 to under 12 years of age, the products must be labeled for use under 
    the supervision of an adult. These fluoride dosage forms are 
    potentially more toxic than fluoride dentifrice products because they 
    do not contain an abrasive that can bind some the fluoride ion and 
    because a child under 6 is more likely to drink a flavored liquid than 
    eat large amounts of toothpaste, which may contain up to 40 percent by 
    weight of inert abrasive ingredients.
        The agency has reviewed its adverse reaction data base covering the 
    period from 1985 to 1992 for reports related to fluoride rinses, gels, 
    and dentifrices (Ref. 1). In the 0- to 9-year age group, there were 22 
    reports for fluoride rinses and gels, but no reports for fluoride 
    dentifrice products. In addition, the agency has reviewed available 
    data concerning exposures to fluoride toothpastes and fluoride rinses 
    (mouthwash) in annual reports of the American Association of Poison 
    Control Centers for the years 1989 to 1991 (Refs. 2, 3, and 4). For 
    children under 6 years of age, the number of accidental exposures 
    averaged approximately 1,200 per year for fluoride toothpastes and 
    almost 1,000 per year for fluoride rinses. However, fluoride toothpaste 
    usage is estimated to be 300 times that of fluoride rinses. Thus, the 
    accidental ingestion rate for fluoride toothpaste is much lower than 
    for fluoride liquid products. Therefore, the available data strongly 
    support a requirement that fluoride rinses and gels be labeled in 
    accord with the general warning in Sec. 330.1(g), without any 
    modifications. This requirement appears in Sec. 355.50(c)(2) of this 
    final monograph.
    
    References-
    
        (1) Food and Drug Administration, Center for Drug Evaluation and 
    Research, Adverse Reaction Summary Listing for Fluoride Rinses, 
    Gels, and Dentifrices for years 1985 to 1992, OTC Vol. O8AFM, Docket 
    No. 80N-0042, Dockets Management Branch.
        (2) Litovitz, T. L. et al., ``1989 Annual Report of the American 
    Association of Poison Control Centers National Data Collection 
    System,'' The American Journal of Emergency Medicine, 8:421, 1990.
        (3) Litovitz, T. L. et al., ``1990 Annual Report of the American 
    Association of Poison Control Centers National Data Collection 
    System,'' The American Journal of Emergency Medicine, 9:488, 1991.
        (4) Litovitz, T. L. et al., ``1991 Annual Report of the American 
    Association of Poison Control Centers National Data Collection 
    System,'' The American Journal of Emergency Medicine, 10:480, 1992.
        23. Two comments disagreed with the directions proposed in 
    Sec. 355.50(d)(1) for anticaries dentifrices, which state: ``Adults and 
    children 2 years of age and older: brush teeth thoroughly at least once 
    daily or as directed by a dentist or doctor. Children under 6 years of 
    age should be supervised in the use of this product.'' The comments 
    disagreed in two major areas: (1) The agency's reference to brushing at 
    least once daily may be misinterpreted by the public as being adequate 
    and, therefore, may lead to less brushing and poor oral health care. 
    The comments indicated that there is no clear consensus within the 
    dental profession as to the number of times teeth should be brushed 
    each day. Many dentists recommend brushing after each meal, and, for 
    reasons of practicality, brushing at least twice a day--after breakfast 
    and in the evening. The comments indicated that they are unaware of any 
    data that suggest brushing once a day is adequate, and therefore urged 
    the agency not to refer to any minimum number of times for brushing. 
    (2) The contraindication for the use of fluoride dentifrices by 
    children under 2 years of age is unwarranted because children that age 
    have many teeth requiring anticaries protection. The comments stated 
    that early instruction of children regarding dental care minimizes the 
    risk of fluorosis due to ingestion of fluoride dentifrice and 
    encourages good oral health care habits.
        The Panel reviewed several clinical studies that showed fluoride-
    containing dentifrices effectively increase resistance to enamel 
    solubility and therefore reduce dental decay when applied to the teeth 
    at least once a day (Refs. 1, 2, and 3). Radike (Ref. 3) describes 
    three 1-year clinical studies with a similar design conducted to 
    determine whether the frequency of application affects the 
    anticariogenic effect of a stannous fluoride dentifrice. Each study 
    used similar stannous fluoride dentifrices, but the subjects (school 
    children) were assigned one of three different brushing procedures: (1) 
    Unsupervised brushing, (2) supervised brushing once-a-day after the 
    noon meal, and (3) supervised brushing three times a day (after 
    breakfast and dinner and before retiring). Each brushing regimen was 
    assigned approximately the same number of control subjects as test 
    subjects. Subjects in a control group assigned to a specific brushing 
    procedure brushed with a nonfluoride-containing dentifrice. In the 
    study in which no toothbrushing instructions were given and the 
    subjects were allowed to follow their usual brushing habits, the 
    fluoride dentifrice subjects developed 23 percent fewer new caries than 
    those in the control group. In the study with one supervised brushing 
    in the school room after the noon meal, the fluoride dentifrice 
    subjects developed 34 percent fewer caries than those in the control 
    group. In the third study with supervised brushing three times a day 
    (after breakfast and dinner and before retiring), the fluoride 
    dentifrice subjects developed 57 percent fewer new caries than those in 
    the control group. The results from these studies clearly suggest that 
    simply cleansing the teeth with an abrasive containing nonfluoridated 
    dentifrice is not as effective in reducing the incidence of caries as 
    brushing with a fluoride-
    
    [[Page 52487]]
    containing dentifrice. The data also show that more frequent topical 
    applications of fluoride significantly enhance anticaries protection. 
    Supervised brushing with a fluoride dentifrice once-a-day after the 
    noon meal resulted in 33 percent fewer cavities than unsupervised 
    brushing. Further, subjects who brushed three times a day with a 
    fluoride dentifrice experienced: (1) 40 percent fewer new cavities than 
    those who brushed with a fluoride dentifrice only once-a-day, even 
    under supervision, and (2) 60 percent fewer cavities than those whose 
    brushing was unsupervised. The results of these three studies indicate 
    that fewer caries occur as frequency of supervised brushing and 
    brushing after meals is increased.
        Several additional studies (Refs. 4 through 7) also indicate that 
    brushing immediately after meals is the most favorable time to reduce 
    the number of cariogenic bacteria from all tooth surfaces. Two review 
    studies (Refs. 4 and 6) discussed the role nutrition plays in the 
    etiology of dental disease. Both studies concluded that one 
    preventative measure to effectively reduce the number of cariogenic 
    bacteria present in the mouth is to brush thoroughly after each meal 
    with a fluoride-containing dentifrice. Forty years ago, another study 
    (Ref. 7) indicated that many dentists and health workers strongly 
    recommend that toothbrushing be performed immediately after the 
    ingestion of sugar-containing food if brushing is to be effective in 
    reducing dental cavities. The study also included a clinical 
    investigation evaluating the effectiveness of reducing dental cavities 
    by brushing the teeth with one of three types of nonfluoridated 
    dentifrices immediately after the ingestion of food. This report (Ref. 
    7) dealt with only one of the dentifrices, the neutral paste. Subjects 
    in the experimental group were instructed individually to brush their 
    teeth thoroughly within 10 minutes after each ingestion of food or 
    sweets and, when brushing was not possible, to rinse the mouth 
    thoroughly with water. Toothbrushes and dentifrice were supplied to all 
    experimental subjects. Subjects in the control group were not supplied 
    with dentifrices or brushes, but were instructed to continue their 
    customary oral hygiene habits of brushing only on arising and before 
    retiring, rather than after the ingestion of food. When this study was 
    conducted in 1950, fluoridated toothpastes were not available in the 
    marketplace; thus, the control subjects would not have used a 
    fluoridated dentifrice as a part of their customary oral hygiene 
    habits. Clinical results after 1 year indicated that brushing 
    thoroughly immediately after the ingestion of food resulted in a 63-
    percent reduction in caries activity in the experimental group when 
    compared to the control group.
        A more recent 1982 study (Ref. 8) reviewed the prevention control 
    of oral diseases and recommended at least two daily brushings with a 
    fluoride dentifrice as effective in reducing the incidence of dental 
    cavities. The study further stated that because toothbrushing is 
    intended to remove food debris and dental plaque from the teeth, 
    brushing after meals and sweet snacks is commonly recommended in dental 
    health messages to the public.
        The agency agrees with the comments and with many dentists that 
    brushing properly and thoroughly more often than once daily will 
    promote better oral health care. Reducing cariogenic activity by 
    brushing more often than once a day, particularly after meals, can be 
    explained by the synergistic effect of the antienzymatic properties of 
    fluoride (45 FR 20666 at 20672) along with the mechanical removal of 
    food debris. The Panel recognized that three factors are necessary for 
    caries to occur (45 FR 20666 at 20672): (1) The teeth must be 
    susceptible to caries, (2) acid-producing bacteria of the mouth must 
    colonize on the teeth, and (3) a substrate must be present for bacteria 
    to proliferate and to produce acid for demineralization of the teeth. 
    Effective anticaries protection is achieved by exposing the tooth 
    enamel to fluoride ions and by the mechanical removal of dental plaque 
    and food debris from tooth surfaces and gingival tissue areas. Both 
    objectives are better accomplished by toothbrushing more often than 
    once daily, preferably after meals. The mechanical removal of food 
    debris from teeth and gingival areas decreases the availability of 
    metabolized carbohydrate sources, which are required for caries 
    development.
        The agency agrees with the Panel that brushing with a fluoride-
    containing dentifrice at least once daily effectively renders the teeth 
    less susceptible to dental cavities. The agency also recognizes, 
    however, that anticaries protection could be enhanced by brushing more 
    than once a day, preferably after each meal to remove the food 
    particles that provide the substrate necessary for bacteria to 
    proliferate and produce acid in the development of dental caries (Ref. 
    3). Therefore, the agency is revising part of the directions for all 
    OTC fluoride dentifrices to read: ``* * * brush teeth thoroughly, 
    preferably after each meal or at least twice a day, or as directed by a 
    dentist or doctor.''
        The agency disagrees with the comments suggesting that the 
    contraindication for children under 2 years of age is unwarranted. Very 
    young children cannot be expected to rationally interpret and 
    consistently follow the instructions involving proper toothbrushing; 
    nor do they have the manual dexterity to use the fluoride dentifrice 
    product properly. Children under 2 years of age do not have control of 
    their swallowing reflex and do not have the skills to expectorate the 
    toothpaste properly (50 FR 39854 at 39867). Although the prevalence of 
    dental caries is decreasing, some reports suggest the incidence of mild 
    fluorosis (a permanent, mottled discoloration of the teeth) in young 
    children is increasing in the United States due to the increase of 
    fluoride in our food chain (Ref. 9). Excessive ingestion of fluoride by 
    young children increases the risk of fluorosis during the critical time 
    of anterior teeth development and can interfere with the successful 
    development of other emerging teeth (Ref. 10). Toothbrushing for 
    children under 2 years of age when teeth are first emerging may also 
    cause minor injury to the soft tissue in the mouth. The agency 
    recognizes that young children are most susceptible to mild fluorosis 
    as a result of improper use and swallowing of a fluoride dentifrice 
    product. Based on the above, the agency concludes that it is 
    appropriate to include in the labeling of fluoride dentifrice drug 
    products containing 1,000 ppm theoretical total fluorine the following 
    sentence: ``Children under 2 years of age: Consult a dentist or 
    doctor.'' The agency is including this sentence in the directions in 
    Sec. 355.50(d)(1)(i) of this final monograph. The agency is also 
    including a similar statement in the directions for dentifrices 
    containing 1,500 ppm theoretical total fluorine for children under 6 
    years of age (see section I.B., comment 10 of this document).
    
    References-
    
        (1) Council on Dental Therapeutics, Accepted Dental 
    Therapeutics, 37th ed., American Dental Association, Chicago, p. 
    303, 1977.
        (2) Council on Dental Therapeutics, ``Evaluation of Super Stripe 
    Toothpaste,'' Journal of the American Dental Association, 71:930-
    931, 1966.
        (3) Radike, A. W., ``Current Status of Research on the Use of a 
    Stannous Fluoride Dentifrice,'' in OTC Vol. 080099.
        (4) Massler, M., ``Nutrition and Dental Decay,'' Food and 
    Nutrition News, 39:1-4, 1968.
        (5) Nikiforuk, G., and J. B. MacDonald, ``An Evaluation of 
    Dentifrices in the Prevention of Dental Caries and Gingivitis,'' 
    Journal of the 
    
    [[Page 52488]]
    Canadian Dental Association, 21:557-565, 1955, Abstracted in Dental 
    Abstracts, 1(4):227, 1956. -
        (6) Finn, S. B., and R. B. Glass, ``Sugar and Dental Decay,'' 
    World Review of Nutrition and Dietetics, 22:318-320, 1975.
        (7) Fosdick, L. S., ``The Reduction of the Incidence of Dental 
    Caries. 1. Immediate Tooth-Brushing with a Neutral Dentifrice,'' The 
    Journal of the American Dental Association, 40(2):133-143, 1950.
        (8) Council on Dental Therapeutics, Accepted Dental 
    Therapeutics, 39th ed., American Dental Association, Chicago, pp. 
    335-337, 1982.--
        (9) Leverett, D. H., ``Fluorides and the Changing Prevalence of 
    Dental Caries,'' Science, 217:26-30, 1982.--
        (10) Simard, P. L. et al., ``The Ingestion of Fluoride by Young 
    Children,'' Journal of Dentistry for Children, 56:177-181, 1989.
        24. Three comments objected to the directions proposed in 
    Sec. 355.50(d)(1) for anticaries products marketed in a dentifrice 
    dosage form (containing 1,000 ppm theoretical total fluorine), which 
    states: ``Children under 6 years of age should be supervised in the use 
    of this product.'' The comments contended that this is the type of 
    language that is customarily used for products or activities that are 
    dangerous, thus the language is needlessly alarmist. The comments 
    explained that ``supervision'' in this usage connotes watchfulness to 
    prevent any action by the child that could lead to harm. The comments 
    claimed that a parent reading this direction for use might infer that 
    toothpaste has some dangerous hidden toxicity. The comments emphasized 
    that the important point is that children should be trained how to 
    brush their teeth so that they will obtain the desired benefit of 
    toothbrushing without swallowing excessive amounts of toothpaste, which 
    would increase their risk of fluorosis. One comment stated that the 
    proposed labeling implies that even after good brushing habits are 
    acquired, every toothbrushing event until age 6 should be supervised by 
    a parent. The comments requested that the directions be revised to 
    read: ``Instruct children under 6 years of age in good brushing and 
    rinsing habits as recommended by your dentist.'' The comments argued 
    that implicit in the concept of instruction is supervision until the 
    parent is satisfied that the child can follow the instruction 
    correctly. The comments concluded that the term ``instruction'' rather 
    than ``supervision'' provides the correct emphasis, provides useful 
    guidance adequate to deal with the concern about fluorosis, and does so 
    without stimulating unwarranted parental concern.
        Another comment did not object to the term ``supervised'' in the 
    direction for dentifrices containing 1,000 ppm theoretical total 
    fluorine, but requested the agency to expand Sec. 355.50(d)(1) to read: 
    ``To prevent swallowing, children under 6 years of age should be 
    supervised in the use of toothpaste (mouthrinse).'' The comment stated 
    that young children should be educated in the proper manner of 
    toothbrushing so as to help enhance proper brushing technique as well 
    as appropriate product use (i.e., using small portions and spitting the 
    dentifrice out after use, rather than ingestion). The comment stated 
    that the Council on Dental Therapeutics of the American Dental 
    Association (ADA) has recently adopted this statement and directed its 
    use on all labeling for Council-accepted fluoride-containing 
    dentifrices and mouthwashes.
        The agency agrees with the comments. The Panel recommended that 
    fluoride dentifrices be labeled to indicate that children under 6 years 
    of age should be supervised in the use of these products. In the 
    tentative final monograph for OTC anticaries drug products (50 FR 39854 
    at 39867), the agency interpreted the Panel's statement to mean that 
    all children under 6 years of age should be properly instructed and 
    supervised in the use of a dentifrice, but the amount of supervision 
    may vary depending on a child's skills. If a child has fairly good 
    toothbrushing skills, parents may allow unsupervised brushing, but may 
    wish to check the child's toothbrushing techniques periodically. The 
    agency did not intend that every toothbrushing event until age 6 should 
    be supervised. As the comments suggested, the important point is for 
    parents to assure themselves that their children are learning the 
    proper use of dentifrices, and once they are assured of this, 
    supervision is no longer required. The agency agrees that the labeling 
    should make this point without being unnecessarily overcautious or 
    alarmist.
        Regarding the request to expand Sec. 355.50(d)(1) to include the 
    language ``To prevent swallowing * * * ,'' the agency agrees that the 
    objective of instruction and supervision is to avoid excessive 
    ingestion of the dentifrice. However, the agency believes that the word 
    ``prevent'' may be too strong a term and that prevention of some 
    swallowing of dentifrices is unachievable in young children. The amount 
    of dentifrice ingested varies with the age and skill of the child. The 
    Panel reviewed a study (Ref. 1) involving children 2 to 6 years of age 
    that showed large individual variations in expectorated volumes after 
    mouthrinsing with water. Only a few of the children between 2 and 3 
    years of age could perform mouthrinsing without swallowing the fluid. 
    The 3- and 4-year-old children could, as a rule, keep the fluid in 
    their mouths for 30 seconds. The 5- and 6-year-old children could all 
    perform the rinse for 1 minute; these children had considerably less 
    individual variation in expectorated volumes. Based on these data, the 
    agency finds that suggesting to parents that swallowing can be 
    prevented may cause unnecessary alarm when they observe a young child 
    swallow small amounts of dentifrice during the learning process. 
    Accordingly, the agency is using the word ``minimize'' instead of 
    ``prevent'' in this final monograph. The revised direction statement in 
    Sec. 355.50(d)(1)(i) reads: ``Instruct children under 6 years of age in 
    good brushing and rinsing habits (to minimize swallowing). Supervise 
    children as necessary until capable of using without supervision.''
    
    Reference-
    
        (1) Ericsson, Y., and B. Forsman, ``Fluoride Retained from 
    Mouthrinses and Dentifrices in Preschool Children,'' Caries 
    Research, 3:290-299, 1969.
        25. One comment objected to the part of the proposed directions in 
    Sec. 355.50(d)(2)(i) for anticaries products marketed for use as 
    treatment rinses, which states: ``Children under 12 years of age should 
    be supervised in the use of this product.'' The comment stated that the 
    Panel recommended that children under 6 years of age be supervised in 
    the use of fluoride dentifrices (45 FR 20666 at 20673), but did not 
    mention children above 6 years of age. The comment suggested that the 
    Panel's recommendation was made in order to limit daily fluoride 
    ingestion and thereby avoid possible dental fluorosis. The comment 
    cited the Panel's discussion of epidemiological and clinical findings 
    that indicated that teeth of children 6 years of age and older are 
    ``(excepting third molars) * * * too advanced to be affected by 
    excessive daily fluoride ingestion.'' The comment mentioned the Panel's 
    discussion (45 FR 20666 at 20673) that children 6 years of age and 
    older have developed control of their swallowing reflexes and are able 
    to rinse for 1 minute and expectorate properly. The comment stated that 
    if the agency is concerned that children between 6 and 12 years of age 
    using the product for the first time may not be able to follow label 
    directions without instruction from a parent or other adult, then 
    limited directions about supervision might be useful. However, the 
    comment expressed concern that continuing 
    
    [[Page 52489]]
    supervision each time the product is used did not appear warranted and 
    that this unnecessarily overcautious labeling could discourage use of 
    these products.
        The agency agrees. As discussed in comment 24, the agency 
    interpreted the Panel's statement to mean that children under 6 years 
    of age should be properly instructed and supervised in the use of a 
    dentifrice, not because of any particular hazard, but to ensure that 
    the child is developing adequate toothbrushing skills and is using the 
    product correctly. Instruction and supervision serve the same purpose 
    for fluoride rinses (i.e., to assure proper use of these products) and 
    are not intended to discourage use of fluoride rinses by children. Once 
    the parent is certain that the child is using the product correctly, 
    unsupervised use may be allowed. Therefore, the agency is revising part 
    of the directions statement to read: ``Instruct children under 12 years 
    of age in good rinsing habits (to minimize swallowing). Supervise 
    children as necessary until capable of using without supervision.''
        26. One comment disagreed with the agency's proposal to include the 
    following statement in Sec. 355.50(c) as a warning for concentrated 
    treatment rinse solutions, powders, and effervescent tablets: ``Do not 
    use before mixing with water. Read the directions carefully.'' The 
    comment stated that neither the Panel in the advance notice of proposed 
    rulemaking (45 FR 20666) nor the agency in the tentative final 
    monograph for OTC anticaries drug products identified a compelling 
    safety hazard that warrants including the information in the warnings 
    section rather than in the directions for use. The comment contended 
    that the safe use of these concentrated products is amply ensured by 
    including the quoted language in the directions for use. The comment 
    requested that this information be included in the directions section 
    only, because it concerns proper use of a product rather than 
    cautioning to prevent possible dangers of misuse.
        In the tentative final monograph, the agency stated that, in order 
    to alert consumers that dental rinse products in concentrated form 
    (solutions, powders, and effervescent tablets) must be diluted or 
    dissolved in water before using, the agency is proposing the warning 
    stated above for these dosage forms. The agency agrees with the comment 
    that consumers could equally be alerted if this information appeared in 
    the directions for use section. Accordingly, in this final monograph, 
    the agency is moving the statement ``Do not use before mixing with 
    water.'' from the warnings to the directions for use section. This 
    statement is to appear as the first statement under the directions for 
    use for concentrated treatment rinse solutions, powders, and 
    effervescent tablets. It should then be followed by the proper 
    directions for preparing the diluted rinse product. The part of the 
    proposed warning that stated ``Read the directions carefully.'' is not 
    needed when this revised labeling format is used.
        27. Several comments objected to the agency's proposed labeling 
    statement in Sec. 355.50(e)(3) for OTC stannous fluoride-containing 
    dentifrices, treatment gels, and treatment rinses, which states: ``This 
    product may produce surface staining of the teeth. Adequate 
    toothbrushing may prevent these stains which are not harmful or 
    permanent and may be removed by your dentist.'' In support of their 
    objections to this statement, one comment cited five published studies 
    (Refs. 1 through 5) and another comment submitted an unpublished study 
    of the incidence of stained teeth in school children who used a 
    stannous fluoride dentifrice (Ref. 6). Stating that the evidence 
    regarding the propensity of stannous fluoride products to stain teeth 
    is equivocal, another comment argued that the labeling statement should 
    be required only on those stannous fluoride products that have been 
    scientifically proven to cause substantial and discernible staining on 
    the teeth of users. The comment urged the agency to abandon or strictly 
    limit its proposal to require a teeth staining labeling statement on 
    OTC stannous fluoride dentifrice products.
        Three comments noted that the Panel specifically stated in its 
    discussion of stannous fluoride dentifrice drug products (45 FR 20666 
    at 20685) that ``* * * the frequency and intensity of staining with the 
    level of tin present in these formulations does not appear to present 
    any significant problem; therefore, no labeling statement on staining 
    shall be required for stannous fluoride dentifrice formulations * * 
    *.'' Two of the comments stated that the agency failed to offer any new 
    evidence that would make the findings of the expert panel 
    inappropriate. One of the comments asserted that all the studies cited 
    by the agency in support of the proposed labeling statement for 
    stannous fluoride dentifrice products (50 FR 39854 at 39865 and 39866) 
    were cited previously by the Panel as support for its conclusion that 
    no labeling statement about tooth staining was necessary (45 FR 20666 
    at 20685). Another comment mentioned extensive experience with the 
    first stannous fluoride dentifrice formulation marketed in the United 
    States. This comment stated that no incidence of surface staining was 
    found that would justify such a labeling statement.
        One comment suggested that the tendency of stannous fluoride 
    products to cause staining of the teeth is directly related to a number 
    of factors. It may be highly dependent on the formulation of the 
    product and/or the brushing habits of the user. The comment stated that 
    the stability of the fluoride and the stannous ions in a product have 
    an effect on whether or not the product causes tooth staining. For 
    example, a product that contains a high level of stannous ions may be 
    more likely to stain teeth than a product that is stabilized and, 
    therefore, does not contain many stannous ions. The comment asserted 
    that stable stannous fluoride products (e.g., dental gels) are not 
    likely to cause discernible staining. The comment concluded that the 
    labeling statement about tooth staining should not be imposed 
    indiscriminately on all stannous fluoride products without regard to 
    the stability of the product.
        One comment contended that requiring the labeling statement about 
    tooth staining on stannous fluoride dentifrice products would cause 
    undue concern among consumers. The comment was concerned that the 
    proposed warning would cause users to avoid safe and effective stannous 
    fluoride products in favor of other products that do not bear such a 
    warning. Another comment stated that requiring such a labeling 
    statement without reliable scientific support is damaging to consumers 
    who may place undue emphasis on the possibility of some transient 
    staining. The first comment added that requiring the labeling statement 
    regardless of whether or not a product caused staining of the teeth 
    would handicap stannous fluoride products that could be shown not to 
    cause a greater amount of staining than any other fluoride product.
        Another comment contended that the data used by the agency to 
    support the tooth staining labeling statement (50 FR 39854 at 39865 and 
    39866) are flawed and do not support the agency's decision to require 
    this statement on stannous fluoride products. Stating that none of the 
    studies attempted to relate the incidence of staining to any element of 
    the dentifrice other than stannous fluoride, the comment asserted that 
    interaction between the polishing agent (abrasive) and the fluoride 
    moiety may be responsible for any staining observed. The comment noted 
    that the polishing agent in the stannous fluoride dentifrices in some 
    studies was sodium 
    
    [[Page 52490]]
    metaphosphate. The comment maintained that it is impossible to know 
    whether similar results would have occurred if a different polishing 
    agent had been used. The comment concluded that these data show that 
    stannous fluoride contained in a dentifrice base of sodium 
    metaphosphate can cause mild staining in some subjects when analyzed by 
    investigators in blind, controlled settings.
        The comment added that the studies used by the agency to support 
    the proposed staining statement (50 FR 39854 at 39865 and 39866) did 
    not compare the reported incidence of tooth staining with consumer 
    perception of such staining. The comment maintained that these studies 
    demonstrate that tooth staining caused by stannous fluoride products is 
    barely perceptible by consumers and is of little importance to the vast 
    majority of people under normal conditions of daily use. The comment 
    and another comment mentioned a study by Ness, Rosekrans, and Welford 
    (Ref. 5) that also demonstrates that staining is barely perceptible and 
    not important to consumers.
        One comment agreed with the Panel that a labeling statement about 
    tooth staining is unnecessary for stannous fluoride dentifrices. 
    However, the comment asserted that, if the agency determines that such 
    a labeling statement is necessary, the data support only a limited 
    labeling statement for stannous fluoride dentifrice products in which 
    sodium metaphosphate is the polishing agent. In addition, the comment 
    requested that this labeling statement be modified to reflect the 
    underlying data as follows: ``This product may occasionally produce 
    minor temporary surface staining of teeth. Adequate toothbrushing will 
    prevent these stains and they may be easily removed by your dentist.''
        The agency does not believe that the studies submitted by the 
    comments support eliminating the labeling statement regarding tooth 
    staining from stannous fluoride dentifrice products. Although two of 
    the six studies submitted do not show significant staining caused by 
    stannous fluoride dentifrice products (Refs. 5 and 6), four of the six 
    studies (Refs. 1 through 4) demonstrate that test groups using stannous 
    fluoride dentifrice products had significantly more tooth staining than 
    groups using dentifrice products without fluoride. Three of these 
    studies (Refs. 1, 2, and 4) used a dentifrice with calcium 
    pyrophosphate as the abrasive agent. Sodium metaphosphate was the 
    abrasive agent used in the other study (Ref. 3). These studies do not 
    indicate that tooth staining is related to any individual polishing 
    agent. However, based on the information available from the studies, 
    the agency is unable to determine if staining is a formulation specific 
    problem. The agency believes that the information submitted clearly 
    demonstrates that stannous fluoride dental products (i.e., dentifrices, 
    nses, and gels) have the potential to produce surface staining of the 
    teeth. The agency is not aware that such staining results from the use 
    of any other commonly utilized fluoride ingredients.
        The agency reaffirms its conclusion that a labeling statement 
    regarding tooth staining should be required on all stannous fluoride 
    products. The agency believes that: (1) Consumers should be advised 
    that staining of the teeth may be caused by stannous fluoride products, 
    including dentifrices, and (2) that adequate brushing or dental 
    prophylaxis may prevent the stains. The agency does not believe that 
    one comment's suggested labeling statement about tooth staining has any 
    advantage over the statement proposed by the agency in the tentative 
    final monograph. The comment's suggested statement uses words like 
    ``occasionally'' and ``minor'' and is more ambiguous than the agency's 
    proposed statement. The agency's statement conveys a more meaningful 
    message using the phrase ``may produce surface staining.'' In addition, 
    the agency's statement advises the consumer that the staining is not 
    harmful or permanent. The agency considers its proposed statement to be 
    more informative than the comment's suggested statement and more 
    helpful to consumers. Therefore, the agency is including its proposed 
    labeling statement in Sec. 355.50(e)(2) of this final monograph.
    
    References--
    
        (1) Jackson, D., and P. Sutcliffe, ``Clinical Testing of a 
    Stannous Fluoride-Calcium Pyrophosphate Dentifrice in Yorkshire 
    School Children,'' British Dental Journal, 123:40-48, 1967.
        (2) James, P. M. C., and R. J. Anderson, ``Clinical Testing of a 
    Stannous Fluoride-Calcium Pyrophosphate Dentifrice in 
    Buckinghamshire School Children,'' British Dental Journal, 123:33-
    39, 1967.
        (3) Naylor, M. N., and R. D. Emslie, ``Clinical Testing of 
    Stannous Fluoride and Sodium Monofluorophosphate Dentifrices in 
    London School Children,'' British Dental Journal, 123:17-23, 1967.
        (4) Slack, G. L. et al., ``Clinical Testing of a Stannous 
    Fluoride-Calcium Pyrophosphate Dentifrice in Essex School Girls,'' 
    British Dental Journal, 123:26-33, 1967.
        (5) Ness, L., D. L. Rosekrans, and J. F. Welford, ``An 
    Epidemiological Study of Factors Affecting Extrinsic Staining of 
    Teeth in an English Population,'' Community Dentistry and Oral 
    Epidemiology, 5:55-60, 1977.
        (6) Katayama, T., ``Incidence of Stained Teeth on School 
    Children Who Have Used Stabilized SnF2 Toothpaste for Three 
    Years,'' unpublished study in Comment No. C63, Docket No. 80N-0042, 
    Dockets Management Branch.
        28. One comment requested that the professional labeling in 
    Sec. 355.60 be modified to require that only dental rinse formulations 
    composed of ingredients suitable for swallowing be used as fluoride 
    supplements intended for ingestion in areas where the water supply is 
    nonfluoridated. The comment stated that this section, as proposed, does 
    not mention that fluoride rinses promoted to health professionals and 
    not offered to the general public are specially formulated with 
    ingredients suitable for ingestion. These products are intended to be 
    swallowed. The comment mentioned that dental rinse products not 
    intended to be swallowed are formulated differently and contain other 
    ingredients.
        The agency agrees that further explanation of the term 
    ``supplement'' would help to reduce possible confusion. Therefore, the 
    agency is modifying the introductory language in the professional 
    labeling in Sec. 355.60 as follows: ``The labeling for anticaries 
    fluoride treatment rinses identified in Sec. 55.10 that are specially 
    formulated so they may be swallowed (fluoride supplements) and are 
    provided to health professionals (but not to the general public) may 
    contain the following additional dosage information: * * *.'' Also, the 
    agency is including a definition of fluoride supplement in Sec. 355.3 
    as follows: ``Fluoride supplement. A special treatment rinse dosage 
    form that is intended to be swallowed, and is promoted to health 
    professionals for use in areas where the water supply contains 0 to 0.7 
    parts per million fluoride ion.''
    
    D. Comments on the Switch of Prescription Anticaries Drug Products to 
    OTC Status
    
        29. One comment objected to the proposed prescription-to-OTC switch 
    of 0.4 percent stannous fluoride gel products for economic and labeling 
    reasons. The comment indicated that currently only small manufacturers 
    make and market these products on a prescription basis. The comment 
    asserted that OTC status would disadvantage these small companies by 
    forcing them into the OTC marketplace with obvious competitive and 
    marketing expenses. According to the comment, promoting its products 
    through health-care professionals is less costly than promoting the 
    products to the general 
    
    [[Page 52491]]
    public on an OTC basis. The comment contended that OTC status creates a 
    labeling problem that does not exist when these products are marketed 
    as prescription drugs. The comment identified this problem as 
    a``negative statement'' required in the product's labeling, i.e., ``not 
    a toothpaste.'' The comment concluded by suggesting that the interests 
    of the consuming public and ``small'' entities are best served by not 
    including 0.4 percent stannous fluoride gel in the OTC drug monograph 
    and by continuing its prescription status.
        The agency does not agree with the comment. The Panel recommended 
    that certain fluoride dental rinses and gels, which had previously been 
    restricted to prescription use, be made available OTC provided that 
    they conform to package size limitations and proper labeling to avoid 
    misuse (45 FR 20666 at 20666, 20674, and 20691). (Package size 
    limitations are discussed in section I.G., comment 46.) The Panel 
    reviewed four published studies on stannous fluoride dental gels 
    containing 0.4 percent stannous fluoride in an anhydrous glycerin gel 
    (45 FR 20682) and concluded that these studies provide sufficient 
    documentation of the safety and effectiveness of this dental gel dosage 
    form for OTC use. In the tentative final monograph (50 FR 39854 at 
    39858), the agency concurred with the Panel's recommendation that 0.4 
    percent stannous fluoride in an anhydrous glycerin gel be switched to 
    OTC status and labeled with proper directions for use (45 FR 20688).
        The agency is aware that the change of 0.4 percent stannous 
    fluoride dental gels from prescription-to-OTC status will lead to 
    different marketing strategies and promotional activities. However, the 
    agency has determined that such a product can be generally recognized 
    as safe and effective and marketed as an OTC product. This OTC status 
    does not prevent a manufacturer from continuing to promote the use of 
    such products through health-care professionals, who then would 
    instruct their patients to purchase and use the products.
        In response to the comment's objection to the proposed labeling of 
    its product with the statement ``This is not a toothpaste,'' the agency 
    indicated in the tentative final monograph (50 FR 39869) that a 
    nonabrasive dental gel packaged in a conventional tube can be confused 
    with a conventional abrasive-containing dentifrice. There is also a 
    safety concern because dentifrices contain an abrasive, while these 
    dental gels do not. This safety concern is discussed in section I.G., 
    comment 46 of this document. The agency considers the statement for 
    dental gel products to be important to their safe OTC use.
        The agency concludes that the OTC availability of 0.4 percent 
    stannous fluoride dental gel products provides benefit to consumers and 
    poses very little risk of misuse when the products are packaged and 
    labeled properly. Therefore, the agency is including 0.4 percent 
    stannous fluoride dental gel products in this final monograph.
        30. One comment objected to the 120-mg package size limitation for 
    fluoride treatment gels proposed in Sec. 55.20. The comment requested 
    that a 7-ounce (oz) package size for 0.4 percent stannous fluoride 
    preventive treatment gels (containing 192 mg total fluorine) remain in 
    the marketplace, at least as a prescription drug product for use under 
    the supervision and direction of the dental profession. The comment 
    noted that its decision to market a 7-oz package size of 0.4 percent 
    stannous fluoride treatment gel was partially based on the 7-oz package 
    size of 0.4 percent stannous fluoride dentifrice products marketed at 
    the time its product was introduced into the marketplace. The comment 
    noted that, in the tentative final monograph (50 FR 39854 at 39857), 
    the agency cited the position and experience since 1958 of the ADA 
    concerning package size limitations for OTC rinses and gels in support 
    of the proposal in Sec. 355.20 to limit package sizes for dental rinses 
    and gels.
        The comment mentioned over 10 years of safe prescription marketing 
    of its 7-oz product with a child-proof safety closure. The comment 
    contended that consumer use is different with regard to the safe 
    handling of prescription drug products, as compared to OTC drug 
    products. The comment noted that the agency concluded in the tentative 
    final monograph that a toxic dose of fluorine via a dentifrice drug 
    product could not be ingested without vomiting, although the agency did 
    not address the effect of glycerin (which is used in the treatment gel) 
    with regard to vomiting. The comment stated that the 7-oz package size 
    of this product represents over 50 percent of its dollar volume and its 
    discontinuance would represent a hardship. The comment requested 
    reconsideration of the OTC status of the 7-oz package size for its 0.4-
    percent stannous fluoride treatment gel. The comment stated that, at a 
    minimum, allowing this product to remain in the marketplace on a 
    prescription basis would best serve the interests of the dental 
    profession and small businesses in the stannous fluoride industry 
    without endangering public safety.
        In the tentative final monograph (50 FR 39854 at 39857), the agency 
    concurred with the Panel's recommendation that the package size of OTC 
    preventive treatment gel products be limited to 120 mg total fluorine 
    because of possible safety concerns. The Panel was concerned about the 
    significant differences in the amount of fluorine available for 
    pharmacological or toxicological action between dentifrices (abrasive-
    containing) and nonabrasive treatment gels and rinses. Available 
    fluoride in a dentifrice is dependent upon the chemical reactivity of 
    the fluoride ion with the abrasive (45 FR 20675 to 20677), while all of 
    the fluoride ion in the nonabrasive preventive treatment gel is 
    available. There are potential safety concerns (i.e., ingestion of an 
    entire package that could cause serious effects, particularly for a 
    small child) when the 120-mg total fluorine package size limitation for 
    a preventive treatment gel is exceeded. This package size limitation 
    appears in Sec. 355.20 of this final monograph. Although the package 
    size will vary depending on the concentration of the fluoride 
    ingredient in the product, the maximum OTC package size of a 0.4-
    percent stannous fluoride preventive treatment gel product is 4.375 oz. 
    The agency has no objection to larger size packages being available as 
    prescription drug products. However, if a manufacturer wishes to market 
    a 0.4-percent stannous fluoride preventive treatment gel product in a 
    larger package size on a prescription basis, the manufacturer must 
    obtain an approved NDA under section 505 of the act (21 U.S.C. 355) and 
    part 314 of the regulations.
        The comment provided no data or information in support of its 
    contention that the general public handles prescription drugs 
    differently than OTC drugs. The agency believes that more potent 
    prescription drug products generally are handled differently than most 
    OTC drugs. However, the agency is unaware of any data that suggest that 
    consumers handle prescription anticaries gels and treatment rinses 
    differently than OTC anticaries fluoride mouthwashes and rinses.
        The agency indicated in the tentative final monograph (50 FR 39857) 
    that the safety of dentifrice pastes containing up to 260 mg fluoride 
    can be attributed to: (1) The decreased amount of fluoride actually 
    available for absorption because of the reactivity of fluoride with the 
    abrasive in dentifrice pastes; and (2) the likelihood that the amount 
    of dentifrice that contains a toxic dose of fluoride 
    
    [[Page 52492]]
    could not be ingested without vomiting. The comment provided no 
    information or data on the effect of glycerin in a dental gel with 
    regard to vomiting in support of its contention that larger package 
    sizes be allowed for the gel dosage form. Without data, the agency 
    cannot determine glycerin's role on vomiting if large amounts of a 
    dental gel were to be ingested. In conclusion, the agency does not 
    consider the comment's arguments supportive of its requests that 0.4 
    percent stannous fluoride gels remain prescription drugs or that the 
    120-mg package size be increased for such products marketed on an OTC 
    basis.
    
    E. Comments on Combination Anticaries Drug Products
    
        31. One comment submitted new data and information to support the 
    safety and effectiveness of a combination drug product containing 0.05 
    percent sodium fluoride and 1.5 percent hydrogen peroxide. The comment 
    stated that this combination drug product, which was not considered in 
    the tentative final monograph for OTC anticaries drug products, is 
    targeted for once-daily use in an orthodontic population. The comment 
    contended that this combination of ingredients provides rational, 
    concurrent therapy as an oral cleanser and anticaries agent for 
    orthodontic patients for two reasons: (1) Orthodontic appliances 
    occasionally cause minor irritation or injury to the oral mucosa and 
    the product cleanses these irritations or injuries, and (2) the 
    configuration of the orthodontic appliance and its duration of use may 
    cause decalcification of teeth in orthodontic patients and the product 
    reduces tooth decalcification.
        The comment stated that the safety of the 0.05-percent sodium 
    fluoride component of the product was recognized by FDA in the 
    tentative final monograph for OTC anticaries drug products (50 FR 39854 
    at 39872). The comment submitted data (Ref. 1) from an enamel 
    solubility reduction test and an enamel fluoride uptake test to support 
    the effectiveness of the sodium fluoride in the combination product. 
    The comment also submitted a clinical study of the combination product 
    to support the safety of daily exposure of the oral mucosa to 1.5 
    percent hydrogen peroxide for an 18-month period (Ref. 1). The comment 
    added that the effectiveness of up to 3 percent hydrogen peroxide as an 
    oral cleanser was established in the tentative final monograph for OTC 
    oral health care drug products published in the Federal Register of 
    January 27, 1988 (53 FR 2436). Based on these data, the comment 
    requested that the agency include this combination product in the final 
    monograph for OTC anticaries drug products.
        The agency agrees that 0.05 percent sodium fluoride and 1.5 percent 
    hydrogen peroxide may be a rational combination for concurrent therapy 
    in orthodontic patients. However, as the agency discussed in the 
    tentative final monograph for OTC oral health care drug products, the 
    Advisory Review Panel on OTC Oral Health Care Drug Products (Oral 
    Cavity Panel) was concerned about the chronic use of hydrogen peroxide 
    in products such as antimicrobial mouthwashes (53 FR 2436 at 2446 and 
    2447). The agency further stated in this discussion that the effects of 
    long-term OTC use of hydrogen peroxide would be considered as part of 
    the antiseptic segment of the oral health care drug products 
    rulemaking.
        After that tentative final monograph was published, the agency 
    published a call-for-data for OTC antiplaque drug products in the 
    Federal Register of September 19, 1990 (55 FR 38560). The data 
    submitted to the agency as a result of this call-for-data will be 
    evaluated by the Dental Products Panel. That Panel will consider, among 
    other things, the safety of the long-term oral use of hydrogen peroxide 
    solutions. The agency believes that the Dental Products Panel is the 
    appropriate forum to consider whether a combination product containing 
    0.05 percent sodium fluoride and 1.5 percent hydrogen peroxide can be 
    generally recognized as safe and effective for long-term OTC use in the 
    oral cavity. The agency has informed the manufacturer that it considers 
    the combination product to be a new drug that may not be introduced or 
    delivered for introduction into interstate commerce without an approved 
    NDA (Ref. 2). The agency has deferred this product to the Dental 
    Products Panel and will address the submitted data as part of the OTC 
    oral health care rulemaking applicable to antiplaque drug products.
    
    References
    
        (1) Comment No. C80, Docket No. 80N-0042, Dockets Management 
    Branch.
        (2) Letter from R. J. Chastonay, FDA, to R. Finn, Chesebrough-
    Pond's USA Co., in OTC Vol. 08AFM, Docket No. 80N-0042, Dockets 
    Management Branch.
        32. Two comments requested the agency to include the combination of 
    sodium fluoride with sodium monofluorophosphate in a dentifrice in the 
    final monograph. The comments contended that the combination of two 
    Category I fluoride ingredients, particularly sodium fluoride and 
    sodium monofluorophosphate, provides a rational combination that has an 
    enhanced therapeutic effect and satisfies the agency's combination 
    policy in Sec. 30.10(a)(4)(iv) (21 CFR 330.10(a)(4)(iv)).
        One comment submitted two clinical studies (Refs. 1 and 2) to 
    support the combination of two fluoride ingredients in a dentifrice. 
    The first study (Ref. 1) was a 3-year double-blind, randomized clinical 
    study involving 799 children 14 to 15 years old. Two combination 
    dentifrices, each containing 0.76 percent sodium monofluorophosphate 
    (1,000 ppm theoretical total fluorine) and 0.10 percent sodium fluoride 
    (455 ppm theoretical total fluorine) (to provide a theoretical total 
    fluorine level of 1,455 ppm) were compared with a fluoride-free control 
    dentifrice and with a positive control 0.76 percent sodium 
    monofluorophosphate dentifrice (1,000 ppm theoretical total fluorine). 
    One of the two experimental combination fluoride dentifrices had an 
    alumina abrasive system. The other had a dicalcium phosphate abrasive 
    system. The combination dentifrices reduced the incidence of dental 
    caries by approximately 26 percent compared with the fluoride-free 
    placebo dentifrice, and by approximately 15 percent compared with the 
    positive control 0.76 percent sodium monofluorophosphate dentifrice 
    with an alumina abrasive system.
        The second study (Ref. 2) was a 3-year clinical trial that involved 
    school children who resided in an area with nonfluoridated water. Two 
    combination dentifrices containing sodium monofluorophosphate and 
    sodium fluoride, either 1,450 or 2,000 ppm theoretical total fluorine, 
    were compared to a sodium monofluorophosphate dentifrice containing 
    1,000 ppm theoretical total fluorine. Results indicated that after 3 
    years of unsupervised brushing, the children who used either the 1,450- 
    or 2,000-ppm fluoride dentifrice combinations developed fewer cavities 
    than those who brushed with the 1,000-ppm sodium monofluorophosphate 
    dentifrice. No significant difference in caries reduction between the 
    1,450-ppm and 2,000-ppm fluoride dentifrices was reported.
        Another comment submitted laboratory and clinical data (Ref. 3) to 
    support the safety and effectiveness of a dentifrice containing sodium 
    fluoride (1,000 ppm) and sodium monofluorophosphate (420 ppm). In one 
    study, enamel specimens exposed for 24 hours to a suspension of sodium 
    monofluorophosphate alone or in combination with sodium fluoride had 
    
    [[Page 52493]]
    greater fluoride uptake with the combination fluorides than with sodium 
    monofluorophosphate alone. In another study, a nearly three-fold 
    reduction in enamel solubility was shown with the combination of sodium 
    fluoride and sodium monofluorophosphate compared to sodium 
    monofluorophosphate alone. The comment also provided a graph of enamel 
    solubility reduction data from dentifrices containing sodium fluoride 
    or sodium monofluorophosphate alone or various combinations of sodium 
    monofluorophosphate and sodium fluoride. The comment noted that a 
    combination containing 75 percent sodium fluoride and 25 percent sodium 
    monofluorophosphate would be optimal. The comment contended that this 
    combination produces twice as much reduction in enamel solubility as 
    either of the ingredients alone at comparable fluoride concentrations.
        The comment included an animal study in which male rat pups were 
    inoculated with streptococci (strain not provided) and placed on a 
    standard cariogenic diet for 3 weeks. During this period, the teeth 
    were brushed with a sodium monofluorophosphate/sodium fluoride 
    dentifrice combination or a control fluoride dentifrice (active 
    ingredient and strength not specified). The results of this study 
    indicated that the combination of sodium fluoride and sodium 
    monofluorophosphate was significantly more ``cariostatic'' than the 
    single fluoride dentifrice.
        The comment also mentioned a 3-year clinical study involving 573 
    school children. This study was designed to determine the anticaries 
    effect of a dentifrice containing a sodium monofluorophosphate/sodium 
    fluoride combination (1,420 ppm) with a comparable control toothpaste 
    containing only sodium monofluorophosphate (1,315 ppm). After 2 and 3 
    years of unsupervised brushing, the number of new decayed, missing, or 
    filled (DMF) surfaces was 12 to 50 percent lower in the combination 
    fluoride group than in the sodium monofluorophosphate control group. 
    Based on the results of this study, the comment concluded that the 
    combination of sodium fluoride and sodium monofluorophosphate is 
    significantly more effective than sodium monofluorophosphate alone in 
    reducing the incidence of dental cavities.
        The comment acknowledged that combinations of fluoride active 
    ingredients have not been marketed in the United States. The comment 
    stated, however, that the combination of sodium fluoride and sodium 
    monofluorophosphate has been widely available in the United States for 
    many years. The comment stated that this combination occurs as a result 
    of the hydrolysis of sodium monofluorophosphate during contact with the 
    tooth surface and during the aging process of the fluoride dentifrice 
    formulation itself. The comment indicated that as the dentifrice ages, 
    sodium monofluorophosphate undergoes hydrolysis resulting in a 
    significant increase of sodium fluoride within the sodium 
    monofluorophosphate formulation. The comment added that in the oral 
    environment sodium fluoride may represent more than 50 percent of the 
    hydrolyzed fluoride species in contact with the tooth surface as a 
    result of the hydrolysis of sodium monofluorophosphate alone. The 
    comment included several studies showing that sodium 
    monofluorophosphate undergoes rapid hydrolysis in saliva and even more 
    rapid hydrolysis in the presence of plaque microorganisms. In one study 
    (Ref. 3), during a short period of toothbrushing, the levels of 
    fluoride ions in saliva were initially much lower with the sodium 
    monofluorophosphate dentifrice than with the comparable sodium fluoride 
    preparation. However, after 10 minutes in saliva, both dentifrice 
    formulations provided almost similar levels of fluoride ions. The 
    comment stated that the uncontrolled hydrolysis of the two fluoride 
    agents results in an important, but suboptimal, increase in the 
    bioavailability of fluoride ions. The comment indicated that a 
    combination of fluoride ingredients may provide greater product 
    stability if the agency allows manufacturers the opportunity to control 
    the ratio of these two fluoride ingredients in the dentifrice 
    formulation. According to the comment, this would be better than 
    relying on the unpredictable chemical process of hydrolysis to create a 
    fluoride combination product. The comment asserted that its dentifrice 
    product controls the process of hydrolysis by providing a combination 
    fluoride dentifrice with a fluoride ingredient ratio of 3 to 1 (sodium 
    fluoride to sodium monofluorophosphate), thereby enhancing the 
    therapeutic effect of the anticaries product. However, the comment did 
    not indicate how it proposed to control the hydrolysis of the one-
    quarter proportion of sodium monofluorophosphate in its product. This 
    information is particularly significant if the hydrolysis of sodium 
    monofluorophosphate occurs as rapidly in the mouth as the comment 
    indicated.
        The comment maintained that the fluoride ion is the effective 
    anticaries moiety, and it is irrelevant whether the fluoride ion comes 
    from one fluoride salt or a combination of two fluoride salts, as long 
    as the fluoride ion is present in safe and effective quantities. The 
    comment concluded that these data demonstrate the safety and 
    effectiveness of the combination of sodium fluoride and sodium 
    monofluorophosphate in a dentifrice product. The comment urged the 
    agency to include the combination of sodium fluoride with sodium 
    monofluorophosphate in a 3 to 1 ratio as a dentifrice in the final 
    monograph.
        The agency has reviewed the available data and concludes that they 
    do not support the comments' claims. The data do not demonstrate the 
    cariostatic superiority of combination dentifrices containing sodium 
    fluoride and sodium monofluorophosphate compared to conventionally 
    formulated 0.76 percent sodium monofluorophosphate dentifrices. The 
    data do not show that the effect of the sodium fluoride/sodium 
    monofluorophosphate combination is greater than the effect achieved by 
    the individual active ingredients alone at comparable fluoride ion 
    concentrations.
        A combination drug product containing Category I active ingredients 
    from the same therapeutic category must satisfy the criteria in 
    Sec. 330.10(a)(4)(iv). The ``General Guidelines for OTC Drug 
    Combination Products, September 1978'' give clarifying examples 
    regarding the combination policy (Ref. 4). Paragraph 3 of these 
    guidelines states:
        Category I active ingredients from the same therapeutic category 
    that have the same mechanism of action should not ordinarily be 
    combined unless there is some advantage over the single ingredients 
    in terms of enhanced effectiveness, safety, patient acceptance, or 
    quality of formulation. They may be combined in selected 
    circumstances to treat the same symptoms or conditions if the 
    combination meets the OTC combination policy in all respects, the 
    combination offers some advantage over the active ingredients used 
    alone, and the combination is, on a benefit-risk basis, equal to or 
    better than each of the active ingredients used alone at its 
    therapeutic dose.
    The agency has not received sufficient data to conclude that the use of 
    a combination fluoride product has an advantage over or is more 
    effective in controlling the incidence of dental caries than a product 
    containing a single fluoride active ingredient at comparable fluoride 
    ion concentrations.
        In the clinical studies submitted by the comment, there was no 
    comparison of a combination and single ingredient product at comparable 
    fluoride concentrations. The agency notes that 
    
    [[Page 52494]]
    the higher levels of fluoride concentration in the combination 
    dentifrices, 1,455 ppm (Ref. 1) and 1,450 or 2,000 ppm (Ref. 2), as 
    compared to the fluoride levels in the positive control single fluoride 
    ingredient dentifrice (1,000 ppm), most likely account for the enhanced 
    effectiveness of the combination products. Because of these higher 
    concentrations, the presence of two sources of fluoride ions may be 
    unrelated to the observed increase in effectiveness.
        The agency has also evaluated two other clinical studies (Refs. 6 
    and 7) that compared comparable fluoride concentrations (1,000 ppm) for 
    a single-ingredient sodium monofluorophosphate dentifrice and a 
    combination containing sodium fluoride and sodium monofluorophosphate. 
    In these studies, the two dentifrices were comparably effective. One 
    study (Ref. 6) was a 31-month, double-blind clinical study involving 
    1,027 school-aged children. The anticaries effectiveness of a single 
    fluoride ingredient dentifrice containing sodium monofluorophosphate 
    (1,000 ppm theoretical total fluorine) was compared with a combination 
    fluoride dentifrice containing sodium fluoride and sodium 
    monofluorophosphate (1,000 ppm theoretical total fluorine, with 500 ppm 
    contributed by each fluoride ingredient). During this study, the 
    children brushed daily in school under supervision and were clinically 
    and radiologically examined annually. After 31 months of use, no 
    statistically significant difference in the incidence of dental caries 
    was observed between children in the two dentifrice groups.
        In the second study (Ref. 7), the effectiveness of three 
    dentifrices was compared over a 2-year period. The study involved 2,769 
    children; a nearly equal number did unsupervised brushing at home with 
    one of the following dentifrices: (1) Sodium monofluorophosphate (1,000 
    ppm), (2) a combination of sodium fluoride and sodium 
    monofluorophosphate containing equimolar amounts of each active 
    ingredient (theoretical total fluorine of 1,000 ppm), or (3) a 
    combination of sodium fluoride and sodium monofluorophosphate 
    containing equimolar amounts of each active ingredient (theoretical 
    total fluorine of 2,500 ppm). The results of this study indicated no 
    significant differences in caries inhibition among the dentifrices 
    tested.
        In most of the in vitro studies submitted (Ref. 3), exposure times 
    of the tooth enamel surface to suspensions of dentifrice were for 
    lengthy periods of time ranging from 30 minutes to 24 hours. The agency 
    questions the relevancy of a 24-hour exposure time when the exposure 
    time to a dentifrice formulation in the mouth during actual 
    toothbrushing is a few minutes only. In the animal study measuring the 
    effect of three dentifrices on the incidence of caries in rats, no 
    details were given regarding the active ingredients or the fluoride 
    concentrations in the dentifrices tested. Regarding hydrolysis during 
    the aging process of sodium monofluorophosphate products, the Panel 
    stated that sodium monofluorophosphate exists in water in dynamic 
    equilibrium with sodium fluoride, and with the various ions produced by 
    the hydrolysis of the compound (45 FR 20666 at 20674). The agency does 
    not consider this reaction as producing a combination drug product. The 
    agency considers the sodium monofluorophosphate compound as a single 
    active ingredient, even though it is aware that the compound always 
    contains some amounts of sodium fluoride.
        In conclusion, the agency has determined that the submitted 
    information and data do not demonstrate the cariostatic superiority of 
    combination dentifrices containing sodium fluoride and sodium 
    monofluorophosphate relative to single-ingredient fluoride dentifrices 
    with a comparable fluoride ion concentration. Accordingly, these 
    fluoride combinations are not included in this final monograph.
    
    References
    
         (1) Hodge, H. C. et al., ``Caries Prevention by Dentifrices 
    Containing a Combination of Sodium Monofluorophosphate and Sodium 
    Fluoride,'' British Dental Journal, 149:201-204, 1980.
        (2) Diodati, R. R. et al., ``Clinical Anticaries Effect of 
    Various Fluoride Dentifrices,'' Abstract No. 258, Journal of Dental 
    Research, 65:198, 1986.
        (3) Comment No. C00059, Docket No.80N-0042, Dockets Management 
    Branch.
        (4) Food and Drug Administration ``General Guidelines for OTC 
    Drug Combination Products, September 1978,'' Docket No. 78D-0322, 
    Dockets Management Branch.
        (5) Conti, A. J. et al., ``A 3-Year Clinical Trial to Compare 
    Efficacy of Dentifrices Containing 1.14 Percent and 0.76 Percent 
    Sodium Monofluorophosphate,'' Community Dental Oral Epidemiology, 
    16:135-138, 1988.
        (6) Juliano, G. F. et al., ``Clinical Study Comparing the 
    Anticaries Effect of Two Fluoride Dentifrices,'' Abstract No. 131, 
    Journal of Dental Research, 64:189, 1985.-
        (7) Ripa, L. W. et al., ``Clinical Comparison of the Caries 
    Inhibition of Two Mixed NaF-Na2PO3F Dentifrices Containing 
    1,000 and 2,500 ppm F Compared to a Conventional Na2PO3F 
    Dentifrice Containing 1,000 ppm F: Results after Two Years,'' Caries 
    Research, 21:149-157, 1987.
    
    F. Comments on Testing Guidelines
    
        33. One comment agreed with the agency's conclusion that laboratory 
    test data are not adequate to establish comparative claims of 
    effectiveness for anticaries active ingredients (53 FR 22430 at 22446). 
    However, the comment contended that the agency should recognize the 
    possibility that, in certain cases, claims of superior performance in a 
    laboratory test may be desirable. As a hypothetical example, the 
    comment stated that it may be important to a dental professional that 
    (1) one active ingredient provides more rapid fluoride uptake than 
    another and (2) this performance could promote hardening of enamel in 
    certain instances. The comment suggested that such claims could be made 
    in professional labeling without needing clinical studies for support.
        The agency reiterates its conclusion that the extension of 
    laboratory test data to a comparative evaluation of effectiveness 
    between different fluoride products or fluoride active ingredients is 
    inappropriate (53 FR 22446). In general, the agency does not believe 
    that claims of superior performance in a laboratory test are 
    appropriate for use in either the consumer or professional labeling of 
    OTC anticaries drug products unless that superior performance has been 
    shown to have clinical significance. However, the agency will evaluate 
    any such laboratory test data submitted on a case-by-case basis.
        34. One comment (from an agency dental reviewing officer) objected 
    to the use of Laboratory Testing Profiles (LTP's) for final formulation 
    testing for Category I active ingredients in fluoride dentifrice 
    formulations. The comment expressed unawareness of any data submitted 
    to the agency demonstrating that the results from the biological test 
    requirements in the LTP's were correlated with adequate and well-
    controlled anticaries clinical studies. The comment did not submit any 
    data demonstrating that the LTP's do not correlate with clinical 
    studies.
        Two comments (from manufacturers) concurred with the agency's 
    proposal that the LTP's be used to ensure the effectiveness of 
    abrasive-containing fluoride drug products. One of the comments 
    contended that, based on the current state of dental research, it is 
    not necessary to do clinical studies to verify anticaries performance 
    except in certain situations, such as the introduction of a new 
    anticaries active ingredient.
        Regarding the comment questioning whether the LTP's were correlated 
    with 
    
    [[Page 52495]]
    adequate and well-controlled clinical testing, the agency notes that 
    the Panel based its recommendations on the results of actual biological 
    tests performed on fluoride dentifrices that had been shown to be 
    clinically effective in preventing caries (45 FR 20666 at 20677). Thus, 
    the Panel's recommendations were based on the correlation of laboratory 
    testing results with clinical results.
        The agency considers the LTP final formulation test requirements in 
    this final monograph to be adequate to ensure the safety and 
    effectiveness of dentifrices containing fluoride active ingredients 
    included in the monograph. In the tentative final monograph (53 FR 
    22430 at 22433), the agency stated reasons why it concurred with the 
    Panel's recommended laboratory testing requirements, as set forth in 
    the Panel's LTP tables (45 FR 20666 at 20679 to 20681) for Category I 
    fluoride ingredient/abrasive combinations. Thus, the agency concludes 
    that lengthy clinical trials are not necessary to ensure the safety and 
    effectiveness of dentifrices containing monograph fluoride ingredients.
        35. One company asked whether the monograph would preclude FDA's 
    accepting valid clinical trials in lieu of LTP's. The comment noted the 
    agency's statement in the tentative final monograph that the use of 
    LTP's to establish efficacy should not in any way preclude the option 
    of clinical testing as a final demonstration of efficacy for those 
    companies that prefer to use this method (53 FR 22430 at 22434).
        The monograph does not preclude manufacturers from performing 
    clinical testing to ensure the effectiveness of a fluoride dentifrice. 
    However, the regulatory requirement for all fluoride dentifrice drug 
    products marketed pursuant to the monograph is that the product must 
    meet the final formulation test requirements (LTP's) included in 
    Sec. 355.70.
        36. One comment stated that all toothpaste advertised as containing 
    fluoride should be tested for stannous fluoride concentration, per unit 
    volume or weight. The comment contended that this is necessary to 
    ensure that the concentration of stannous fluoride is not being 
    reduced.
        There are a number of requirements applicable to fluoride 
    dentifrices that will ensure the fluoride concentration of the product. 
    While toothpastes can contain one of several different fluoride 
    ingredients, the LTP's included in the final monograph are intended to 
    ensure available fluoride ion in the final products. The aged minimal 
    fluoride ion values in the LTP tables are used to determine the 
    product's expiration date. This date provides consumers relevant 
    information regarding use of the product. In addition, Sec. 211.166 of 
    the agency's current good manufacturing practice regulations (21 CFR 
    211.166) contains stability testing requirements for drug products, 
    including toothpastes. Accordingly, these requirements address the 
    comment's concern.
        37. Two comments requested that the agency revise LTP Table 3 to 
    include corrected test values submitted by the industry for stannous 
    fluoride dentifrices (45 FR 20666 at 20681). One comment noted that the 
    agency's revisions in the LTP tables discussed in the tentative final 
    monograph (53 FR 22430 at 22435 and 22436) omitted a correction 
    mentioned in an earlier comment concerning stannous fluoride that was 
    made to this rulemaking. The comment requested that the agency revise 
    Table 3 under ``II. Soluble Stannous Ion,'' by inserting a statement 
    indicating that the test dilution for the silica abrasive should remain 
    1:10 as stated in the tentative final monograph (45 FR 20666 at 20681). 
    The second comment indicated that the appropriate values for soluble 
    fluoride should discriminate between dentifrices using insoluble sodium 
    metaphosphate and silica abrasives. The comment indicated that in Table 
    3 for stannous fluoride dentifrices (45 FR 20681) under ``I. Soluble 
    Fluoride Ion,'' the test values for fluoride ion listed for the silica 
    abrasive formulation should be 600 ppm for the fresh value and 500 ppm 
    for the aged minimal value with a test dilution of 1:10, rather than 
    700 ppm for the fresh value and 650 ppm for the aged minimal value. The 
    comment stated that this revision would discriminate between 
    dentifrices using insoluble sodium metaphosphate and those using silica 
    abrasives.
        The agency recognizes that the data the Panel used to establish the 
    LTP tables were developed by industry and submitted to the Panel to 
    provide a basis for the LTP tables. The agency has reviewed the 
    industry's corrections of the LTP tables as noted above and agrees that 
    these corrections should be made. However, the agency does not find it 
    necessary to insert an additional clarification statement in the 
    corrected LTP tables as requested by one comment. Instead, the agency 
    has revised the LTP tables to reflect the changes made to the tables in 
    the tentative final monograph (53 FR 22435 and 22436) and in this final 
    monograph (see section I.B., comments 10, 13, 14, and 15 of this 
    document, and section I.F., comments 38, 39, and 42 of this document) 
    as follows:
    
                  TABLE 1.--Acceptable Test Values for 1,000 PPM Theoretical Total Fluorine Sodium Fluoride Dentifrices in a Paste Dosage Form              
                                                                  I. Soluble Fluoride Ion (F-)                                                              
    --------------------------------------------------------------------------------------------------------------------------------------------------------
                  Abrasive                           Fresh F- value1                   Aged minimal F- value 1,2                 Test dilution (w/w)        
    --------------------------------------------------------------------------------------------------------------------------------------------------------
    High-beta-phase calcium                                                                                                                                 
     pyrophosphate                                               648 ppm                                403 ppm                                   1:3       
    --------------------------------------------------------------------------------------------------------------------------------------------------------
    
    
                                                                                                                                                                                       II. Hydrogen Ion Concentration (pH)                                                                                                                                                                                  
    --------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
                        Abrasive                                                                                                      Test value                                                                                                                                                              Test dilution (w/w)                                                                           
    --------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
    High-beta-phase calcium pyrophosphate                                                                                                                                                                            6.5 to 8.0                                                                                                                                                                         1:3 
    --------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
    \1\ Values listed are parts of the measured substance per million parts of the whole dentifrice.                                                                                                                                                                                                                                                                                                        
    \2\ Values listed are intended for use in determining expiration dating for fluoride dentifrices covered by the final monograph. These values are not intended to be used to determine if a dentifrice meets monograph requirements, i.e., is safe and effective.                                                                                                                                       
    
    
                                                                                                                                                                                                                                                                                                                                                                                                            
    
    [[Page 52496]]
    TABLE 2.--Acceptable Test Values for 1,000 PPM Theoretical Total Fluorine Sodium Monofluorophosphate Dentifrices
                                                 in a Paste Dosage Form                                             
                                        I.-Soluble Fluoride Ions (PO3F= and F-)1                                    
    ----------------------------------------------------------------------------------------------------------------
                                                                               Aged                                 
              Abrasive               Ion              Fresh value2           minimal        Test dilution (w/w)     
                                                                             value2,3                               
    ----------------------------------------------------------------------------------------------------------------
    Applicable to all abrasives  PO3F=                           650 ppm4   Half                               1:10 
                                                                             total                                  
                                                                             (PO3F=                                 
                                                                             and F-)                                
                                                                             value                                  
                                 F-                         10 to 150 ppm   10 ppm to                          1:10 
                                                                             PO3F=                                  
                                                                             value                                  
                                 Total                            800 ppm   600 ppm                            1:10 
                                  (PO3F=                                                                            
                                  and F-)                                                                           
    ----------------------------------------------------------------------------------------------------------------
    
    
    
                                                                                                                                                                                       II.-Hydrogen Ion Concentration (pH)                                                                                                                                                                                  
    --------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
                         Abrasive                                                                                                      Test value                                                                                                                                                             Test dilution (w/w)                                                                           
    --------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
    Alumina                                                                                                                                                                                                           6.4 to 9.0                                                                                                                                                                       1:10 
    Calcium carbonate                                                                                                                                                                                                7.0 to 10.0                                                                                                                                                                       1:10 
    Calcium pyrophosphate                                                                                                                                                                                             5.0 to 5.4                                                                                                                                                                       1:10 
    Dicalcium phosphate                                                                                                                                                                                               6.3 to 7.6                                                                                                                                                                       1:10 
    Insoluble sodium metaphosphate                                                                                                                                                                                    5.6 to 6.9                                                                                                                                                                       1:10 
    Silica                                                                                                                                                                                                            5.5 to 7.4                                                                                                                                                                       1:10 
    --------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
    \1\ For the compound sodium monofluorophosphate in a dentifrice formulation, fluoride ion exists as a combination of the ions PO3F= and F-. Values are given for each of these ions as well as the ``Total'': combination of PO3F= plus F-.                                                                                                                                                             
    \2\ Values listed are parts of the measured substance per million parts of the whole dentifrice.                                                                                                                                                                                                                                                                                                        
    \3\ Values listed are intended for use in determining expiration dating for fluoride dentifrices covered by the final monograph. These values are not intended to be used to determine if a dentifrice meets monograph requirements, i.e., is safe and effective.                                                                                                                                       
    \4\ Soluble PO3 is derived either by direct analytical measurement or by subtracting soluble fluoride ion (F-) from total soluble available fluoride (PO3F= plus F-).                                                                                                                                                                                                                                   
    
    
                 TABLE 3.--Acceptable Test Values for 1,000 PPM Theoretical Total Fluorine Stannous Fluoride Dentifrices in a Paste Dosage Form             
                                                                  I. Soluble Fluoride Ion (F-)                                                              
    --------------------------------------------------------------------------------------------------------------------------------------------------------
                                     Abrasive                                        Fresh F- value1      Aged minimal F- value1,2     Test dilution (w/w)  
    --------------------------------------------------------------------------------------------------------------------------------------------------------
    Insoluble sodium metaphosphate                                                              700 ppm                   650 ppm                       1:3 
    Silica                                                                                      600 ppm                   500 ppm                      1:10 
    Calcium pyrophosphate                                                                       288 ppm                  108 ppm3                       1:3 
    --------------------------------------------------------------------------------------------------------------------------------------------------------
    
    
                                             II. Soluble Stannous Ion (Sn++)                                        
    ----------------------------------------------------------------------------------------------------------------
                                                             Aged minimal Sn++                                      
        Abrasive               Fresh Sn++ value1                 value1,2                Test dilution (w/w)        
    ----------------------------------------------------------------------------------------------------------------
    Insoluble sodium                           2,000 ppm   Qualitatively                                       1:10 
     metaphosphate                                          detectable                                              
    Silica                      Qualitatively detectable   Qualitatively                                       1:10 
                                                            detectable                                              
    Calcium                                      900 ppm   Qualitatively                                        1:3 
     pyrophosphate                                          detectable                                              
    ----------------------------------------------------------------------------------------------------------------
    
    
                                                                                                                                                                                      III. Hydrogen Ion Concentration (pH)                                                                                                                                                                                  
    --------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
                    Abrasive                                                                                                   Test value                                                                                                                                                                  Test dilution (w/w)                                                                              
    --------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
    Insoluble sodium metaphosphate                                                                                                                                                                            4.2 to 5.4                                                                                                                                                                               1:4  
    Silica                                                                                                                                                                                                    4.6 to 5.1                                                                                                                                                                               1:4  
    Calcium pyrophosphate                                                                                                                                                                                     4.4 to 5.1                                                                                                                                                                               1:3  
    --------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
    \1\ Values listed are parts of the measured substance per million parts of the whole dentifrice.                                                                                                                                                                                                                                                                                                        
    \2\ Values listed are intended for use in determining expiration dating for fluoride dentifrices covered by the final monograph. These values are not intended to be used to determine if a dentifrice meets monograph requirements, i.e., is safe and effective.                                                                                                                                       
    \3\ Value corresponds to that of aged product found clinically effective.                                                                                                                                                                                                                                                                                                                               
    
    
                TABLE 4.--Acceptable Test Values for all OTC Fluoride Dentifrices in a Paste Dosage Form            
                                                                                                                    
                                                                                                                    
                                                                                                                     
    I.- Theoretical Total Fluorine1                                                                                 
    
    [[Page 52497]]
                                                                                                                    
      A. 850 to 1,150 ppm for all active ingredients                                                                
      B. 1,500 ppm for sodium monofluorophosphate                                                                   
                                                                                                                    
    
    
    
                                                                                                                    
    ----------------------------------------------------------------------------------------------------------------
         II. Available Fluoride Ion Concentration1                                                                  
      Active Ingredient                                 Minimum Available Fluoride Ion1                             
    A. For 850 to 1,150 ppm Dentifrices:                                                                            
      Sodium fluoride                                    650 ppm                                         
      Sodium monofluorophosphate                         800 ppm (consisting of PO3F= and F- combined)   
      Stannous fluoride/calcium pyrophosphate            290 ppm                                         
      Stannous fluoride/with abrasive other than         700 ppm                                         
       calcium pyrophosphate                                                                                        
    B. For 1,500 ppm Dentifrices:                                                                                   
      Sodium Monofluorophosphate                         1,275 ppm (consisting of PO3F= and F- combined) 
    
    
                                                                                                                    
    ----------------------------------------------------------------------------------------------------------------
                               III. Total Fluorine in Milligram Per Milliliter Dentifrice                           
    A. For 850 to 1,150 ppm Dentifrices:                                                                            
      0.935 to 1.955                                                                                                
    B. For 1,500 ppm Sodium Monofluorophosphate Dentifrices:                                                        
      1.650 to 2.550                                                                                                
    ----------------------------------------------------------------------------------------------------------------
    \1\ Values listed are parts of the measured substance per million parts of the whole dentifrice.                
    
    
      TABLE 5.--Acceptable Test Values for Sodium Fluoride/Sodium Bicarbonate Powdered Dentifrices Containing 1,000 
                                             PPM Theoretical Total Fluorine                                         
                                                                                                                    
                                                                                                                    
                                                                                                                     
    I. Theoretical Total Fluorine1                                                                                  
      850 to 1,150 ppm                                                                                              
    II. Minimum Available Fluoride Ion1                                                                             
      850 ppm                                                                                                       
    III. Poured-bulk Density Range in Gram Per Milliliter Dentifrice                                                
      1.0 to 1.2                                                                                                    
                                                                                                                    
    \1\ Values listed are parts of the measured substance per million parts of the whole dentifrice.                
    
    
              TABLE 6--Biological Testing Requirements for all Dentifrices in Paste and Powder Dosage Forms         
                                                                                                                    
                                                                                                                    
                                                                                                                     
    I. Animal Caries Reduction                                                                                      
          and,                                                                                                      
    II. One of the Following Tests:                                                                                 
      A. Enamel Solubility Reduction                                                                                
      B. Fluoride Enamel Uptake                                                                                     
                                                                                                                    
    
        38. One comment concurred with the agency's statement (53 FR 22430 
    at 22435) that measurements such as specific gravity, pH, stannous ion 
    content, maximum test dilution, and lower limit of available fluoride 
    at the expiration date should not be included in the final monograph. 
    The comment agreed that these measurements are adequately addressed in 
    the current good manufacturing practices (CGMP) regulations. The 
    comment stated that the CGMP regulations in part 211 (21 CFR part 211) 
    provide for acceptable outcomes of the performing, validating, 
    recording, and reporting of procedures in drug manufacturing, but the 
    CGMP regulations do not provide test methods or acceptable values of 
    measurement.
        The comment provided the following example: If control of pH is 
    important in manufacturing a dentifrice, the CGMP regulations provide 
    that it is necessary to institute and document procedures for ensuring 
    accurate recording, control of pH during the process, and acceptable 
    checking of equipment. However, the comment stated that the regulations 
    do not specify equipment, measurements, or the proper pH range. The 
    comment contended that one could reasonably conclude that omission of 
    pH, specific gravity, stannous ion concentration, or maximum test 
    dilutions from the provisions of the monograph means that manufacturers 
    may set these specifications as they see fit.
        However, the comment added that there are other statements in the 
    agency's discussion of LTP's that cast doubt on the above 
    interpretation. As an example, the comment cited the phrase ``the 
    allowable range for specific gravity (1.1 to 1.7) and theoretical total 
    fluoride (850 to 1,150 ppm) * * *'' (53 FR 22430 at 22437). The comment 
    noted that, even though these ranges are given 
    
    [[Page 52498]]
    equal force in this discussion, theoretical total fluoride is specified 
    in proposed Sec. 355, while specific gravity is not. The comment also 
    mentioned the Panel's recommendations regarding specific pH guidelines 
    (53 FR 22443) and the agency's statement that ``* * * manufacturers 
    should use the aged minimal fluoride ion limits provided in the LTP 
    Tables * * * to determine the expiration dates for fluoride dentifrices 
    * * *'' (53 FR 22445). The comment added that the third agency change 
    in the Panel's recommendations states that the agency is proposing the 
    LTP values of pH and specific gravity (but not stannous ion levels, 
    maximum test dilutions, or aged minimal fluoride levels) as guidelines 
    of appropriate testing limits. The comment requested that the agency 
    clarify its position on these matters.
        The agency's proposal (53 FR 22430 at 22434 and 22435) states that 
    fluoride dentifrices shall: (1) Meet or exceed the soluble fluoride ion 
    level specified for each particular fluoride ingredient listed in the 
    monograph, and (2) meet the requirements for biological testing. The 
    agency included these criteria in the proposed monograph. Furthermore, 
    the agency is including requirements pertaining to available fluoride 
    content and biological testing in this final monograph. (See section 
    I.F., comment 40 of this document.) These requirements must be 
    satisfied for an anticaries dentifrice to be considered generally 
    recognized as safe and effective.
        The agency stated in the tentative final monograph (53 FR 22430 at 
    22435) that certain recommended requirements in the LTP tables are 
    adequately addressed in the CGMP regulations (21 CFR part 211) and need 
    not be specifically addressed in the monograph. These included 
    parameters such as specific gravity and pH, which relate to inactive 
    ingredients and appropriate manufacturing procedures. The CGMP 
    regulations require establishing and following test methods and 
    specifications that are appropriate and scientifically sound. These 
    required methods and specifications may be found in a variety of 
    sources (e.g., the United States Pharmacopeia/National Formulary or 
    codified monographs).
        The discussion about testing parameters not specifically included 
    in the monograph (such as pH, specific gravity (w/v), stannous ion 
    concentration, aged minimal fluoride ion values, and test dilution) was 
    intended as guidance only. While these parameters are important to the 
    manufacturer's product, only those requirements specifically set out in 
    the final monograph are considered essential by the agency and must be 
    met. In the preamble to the tentative final monograph (53 FR 22435 and 
    22436), the agency revised the Panel's recommended testing guidelines 
    for a number of testing parameters. The agency intended that these 
    testing values be used solely as guidance for fulfilling CGMP 
    requirements.
        In this document, the agency has further revised the proposed 
    testing guidelines for parameters other than available fluoride ion and 
    biological test requirements (see section I.F., comments 35 and 39 of 
    this document). These revised parameters are also intended only as 
    guidance, e.g., for use in determining expiration dating. The agency is 
    including a revised LTP chart in the preamble of this document for 
    informational purposes (see section I.F., comment 37 of this document).
        39. One comment stated its approval of the agency's proposed 
    modification of the Panel's recommended ranges for theoretical total 
    fluorine. The proposal set out a range of 0.935 to 1.955 mg theoretical 
    total fluorine per mL for dentifrices with a specific gravity lower 
    than 1.1 or higher than 1.7 (53 FR 22430 at 22438). The comment 
    indicated that the proposed modification reflects the dynamic nature of 
    dental research and provides innovation without compromising the 
    required amount of fluoride ion available to the teeth with each 
    brushing. The comment added that this single required range of 
    theoretical total fluorine values more accurately defines the amount of 
    fluoride ions available to the teeth during each brushing. For that 
    reason, the proposed range is more descriptive of products that have 
    been proven clinically effective. The comment suggested that a single 
    theoretical total fluorine range would be better than the two previous 
    proposed ranges of specific gravity and theoretical total fluorine. The 
    comment contended that a single range would ensure consumers that the 
    active ingredient in dentifrice products delivers the required 
    concentration of fluoride ion, thus providing the desired anticaries 
    effect.
        In the tentative final monograph for OTC anticaries drug products 
    (53 FR 22430 at 22437), the agency proposed a range of 850 to 1,150 ppm 
    for theoretical total fluorine and a specific gravity range of 1.1 to 
    1.7. This range of values was intended to accommodate the newer, less 
    dense abrasive systems without compromising the effectiveness of 
    fluoride dentifrices. The agency indicated that these ranges are 
    intended for formulation purposes and not as a variation for quality 
    control purposes. The agency also acknowledges that changes in specific 
    gravity result in a corresponding change in the amount of fluoride 
    contained in a given volume of dentifrice if the concentration of the 
    fluoride is expressed as a weight-to-weight measurement, such as ppm.
        The agency also indicated that a fluoride range of 0.935 to 1.955 
    mg per mL of dentifrice might be appropriate. These weight-to-volume 
    measurements correspond directly to allowable ranges for specific 
    gravity (1.1 to 1.7) and theoretical total fluorine (850 to 1,150 ppm). 
    The agency presented the following guidelines for dentifrices: The 
    lower limits of 850 ppm theoretical total fluorine and a specific 
    gravity of 1.1 convert to a lower limit of 0.935 mg fluorine per mL 
    toothpaste. The upper limits of 1,150 ppm theoretical total fluorine 
    and a specific gravity of 1.7 convert to an upper limit of 1.955 mg 
    fluorine per mL toothpaste. This provides a range of 0.935 to 1.955 mg 
    fluorine per mL toothpaste. This range ensures that fluoride 
    dentifrices with different specific gravities, due to changes in the 
    abrasive system, will contain the same range of total fluoride per 
    volume of dentifrice as specified in the LTP tables. This fluoride 
    range also will provide flexibility to accommodate the development of 
    new abrasive systems.
        The agency indicated in an earlier comment (see section I.B., 
    comment 10 of this document) that it is including extra-strength sodium 
    monofluorophosphate dentifrices (1,500 ppm) in this final monograph as 
    generally recognized as safe and effective dentifrice products. 
    Therefore, the agency is also providing a range of 1.65 to 2.55 mg per 
    mL of dentifrice for higher strength dentifrices (1,500 ppm). This 
    range corresponds directly to the allowable ranges for specific gravity 
    (1.1 to 1.7).
        The agency concludes that fluoride ranges of 0.935 to 1.955 mg (for 
    all 850 to 1,150 ppm dentifrices) and 1.6 to 2.55 mg (for 1,500 ppm 
    sodium monofluorophosphate dentifrices) theoretical total fluorine per 
    mL toothpaste are appropriate for these Category I fluoride dentifrice 
    formulations, irrespective of their specific gravity. The agency is 
    including these ranges in the revised LTP tables. (See also section 
    I.F., comment 37 of this document.)
        40. Several comments addressed the use of LTP's, rather than 
    clinical trials, to predict the anticaries effectiveness of monograph 
    fluoride dentifrices formulated with ``new'' abrasive systems or with 
    anticalculus agents. One comment (from a professional 
    
    [[Page 52499]]
    dental association) objected to the agency's proposal in the tentative 
    final monograph (53 FR 22430 at 22442) to allow LTP's for this testing. 
    The comment contended that all fluoride-containing dentifrice products 
    should either be clinically tested or should be equivalent to 
    clinically tested products. The comment stated that the agency's 
    proposed LTP's would permit marketing of any dentifrice product 
    containing an established fluoride agent regardless of whether or not 
    the abrasive system had been clinically tested. The comment argued 
    that, because of the very limited nature of the monograph LTP's, there 
    is no assurance of the availability of fluoride ions during the time of 
    brushing. The comment added that abrasives can play a very critical 
    role in the rate of release/availability of the active ingredient. 
    Furthermore, the comment stated that the LTP's proposed in the 
    tentative final monograph assess the steady state level of release of 
    the active species. This value, according to the comment, has no 
    meaning in examining the potential efficacy of fluoride dentifrice 
    products. The comment maintained that only clinically tested fluoride/
    abrasive systems should be eligible for review under the OTC drug 
    monograph system. The comment added that any fluoride dentifrice with 
    an untested abrasive system should be required to supply clinical data 
    demonstrating effectiveness. The comment stated that its association 
    had established testing guidelines designed to demonstrate equivalency 
    of fluoride agents provided that the formulations have a fluoride/
    abrasive system similar to a clinically effective product.
        The comment also contended that fluoride dentifrices containing 
    agents that inhibit calculus formation, thus influencing the 
    calcification/decalcification process associated with caries, should be 
    required to submit a more extensive LTP than the agency had proposed in 
    the tentative final monograph (53 FR 22430 to 22448). The comment 
    recommended that either animal caries or remineralization studies be 
    required for these products. The comment stated that such studies would 
    evaluate the potential inactivation of the fluoride agent by a 
    secondary nontherapeutic additive.
        A comment from a manufacturers' association objected to the first 
    comment's position, contending that no data or other information were 
    submitted to rebut the agency's LTP proposal. The comment also 
    disagreed with the dental association's contention that calculus 
    inhibiting agents can influence the calcification/decalcification 
    process associated with caries. The comment submitted three clinical 
    studies (Refs. 1, 2, and 3) to demonstrate that the inclusion of 
    anticalculus agents in fluoride-containing dentifrices does not 
    interfere with the anticaries effectiveness of these products. The 
    comment noted that three clinically proven anticalculus agents 
    (pyrophosphate salts, zinc chloride, and zinc citrate) are currently 
    marketed in dentifrices in the United States. According to the comment, 
    these agents have been shown not to adversely affect fluoride activity 
    in three biological tests that were included in the tentative final 
    monograph (53 FR 22430 at 22447). The comment objected to the dental 
    association's position concerning the validity of using LTP's to 
    predict the anticaries effectiveness of fluoride dentifrices with an 
    anticalculus agent, contending that the dental association's concern is 
    not warranted by existing scientific data. The comment indicated that 
    it would be a waste of scarce resources and funds to require further 
    clinical testing when laboratory tests can accurately determine whether 
    or not anticalculus agents interfere with fluoride efficacy. The 
    comment requested that the agency continue to require only LTP's as set 
    forth in the tentative final monograph (53 FR 22430 at 22434).
        The agency recognizes that inactive ingredients, such as abrasives 
    and anticalculus agents, can play an important role in the rate of 
    release/availability of fluoride from a fluoride compound during the 
    time period of toothbrushing. Although the analytical tests do not 
    directly measure the availability of fluoride ions during the time of 
    toothbrushing, the biological tests indicate that the fluoride ion is 
    active in preventing dental caries. In addition, one of the biological 
    tests, the animal caries reduction, directly measures the anticaries 
    effectiveness of a fluoride dentifrice product in an animal model in 
    vivo after a limited brushing time. The severity of caries in each 
    group is computed, and a favorable result for the test sample indicates 
    that the fluoride ion has activity. The test sample is compared with a 
    U.S.P. fluoride dentifrice reference standard that has been proven 
    effective in clinical studies.
        In the tentative final monograph (53 FR 22430 at 22433 and 22440, 
    comments 4 and 11), the agency discussed why lengthy clinical trials 
    are no longer warranted. The comments did not provide any new data or 
    information to alter that conclusion. The agency determined that 
    appropriate laboratory testing, including biological testing, is 
    adequate to ensure the effectiveness of dentifrices containing 
    monograph fluoride ingredients. The agency indicated that the Panel 
    based its development of LTP's on laboratory testing results from 
    studies on fluoride dentifrice formulations that had actually been 
    clinically tested and found effective. The agency agreed with the 
    Panel's view that a monograph fluoride ingredient/abrasive system in a 
    dentifrice formulation not specifically reviewed by the Panel, must 
    contain an amount of available fluoride ion equal to or greater than 
    the highest available fluoride ion value recommended for the specific 
    fluoride ingredient. This requirement applies to fluoride dentifrices 
    that contain a monograph fluoride ingredient and either (1) a new 
    abrasive ingredient (not previously included in marketed dentifrices) 
    or (2) an abrasive ingredient included in previously marketed 
    dentifrices in a combination not specifically reviewed by the Panel (53 
    FR 22430 at 22441). The agency proposed that fluoride dentifrices must 
    meet or exceed the soluble fluoride ion level specified for each 
    particular fluoride ingredient listed in the monograph and meet the 
    test requirements of any two of the following biological tests: (1) 
    Enamel solubility reduction (ESR), (2) fluoride uptake by enamel, and/
    or (3) animal caries reduction (53 FR 22430 at 22434).
        The agency does not agree that one of the clinical studies (Ref. 1) 
    submitted by one comment adequately demonstrates whether or not an 
    anticalculus additive affects the anticaries effectiveness of a 
    dentifrice. The study did not include a positive control (Category I) 
    fluoride toothpaste in the experimental design. Instead, a fluoride/
    anticalculus dentifrice was compared to a negative control toothpaste 
    (not containing either fluoride or anticalculus agent). However, the 
    two other studies (Refs. 2 and 3) submitted by the comment clearly 
    indicate that the anticaries effectiveness of the dentifrice 
    formulations tested was not adversely affected by the anticalculus 
    agents used in the studies. In one study (Ref. 2), three dentifrices 
    containing 1,000, 1,500, or 2,500 ppm fluoride (as sodium 
    monofluorophosphate) and an anticalculus agent (0.5 percent zinc 
    citrate trihydrate) were compared with dentifrices that contained the 
    same fluoride concentrations but no anticalculus agent. At the 
    conclusion of the 3-year study, no clinically significant difference 
    was observed between the fluoride dentifrices with or without the 
    anticalculus agent. However, a dose-response effect was 
    
    [[Page 52500]]
    observed at varying fluoride concentrations. In the other clinical 
    study (Ref. 3), three dentifrices containing 1,000 or 1,100 ppm of 
    fluoride (as sodium fluoride and sodium monofluorophosphate) and 
    different anticalculus ingredients (3.3 percent soluble pyrophosphate, 
    2 percent zinc chloride, and 1.25 percent unspecified zinc compound) 
    were evaluated. The three dentifrices produced anticaries protection 
    similar to a control sodium monofluorophosphate toothpaste containing 
    1,000 ppm fluoride, but without an anticalculus ingredient. These two 
    clinical studies corroborate that these anticalculus agents do not 
    interfere with the anticaries effectiveness of the fluoride active 
    ingredients sodium fluoride and sodium monofluorophosphate.
        The agency is concerned that newer abrasives and anticalculus 
    agents may reduce the availability of fluoride ions, and that this 
    reduction may not be detected by the chemical tests suggested in the 
    LTP's. These chemical tests may not always reflect the true anticaries 
    effectiveness of fluoride dentifrices with or without additives in situ 
    when diluted in the mouth by saliva or exposed to the subtle reactions 
    between dentifrice ingredients and salivary components. Although these 
    in vitro tests may show positive results that are predictive of 
    anticaries activity, during actual use in the mouth the product may not 
    provide the same expected level of anticaries effectiveness. The 
    limitations of in vitro tests are particularly significant in 
    evaluating fluoride toothpastes that contain additives that may affect 
    fluoride ion availability under in situ conditions. For that reason, 
    the agency considers them to be only markers of potential 
    effectiveness, not actual proof.
        During one study (Ref. 4), several laboratory tests (including ESR, 
    enamel uptake of fluoride, and animal caries reduction tests) were 
    investigated as indicators of the compatibility of an abrasive system 
    and a fluoride source. Dentifrices containing 1,000 ppm of fluoride (as 
    sodium fluoride, stannous fluoride, or sodium monofluorophosphate) were 
    formulated with abrasives known either to interact or not interact with 
    particular fluorides. The in vitro tests measured fluoride uptake for a 
    considerably longer time period than would be experienced during actual 
    intermittent use. The authors claimed that the in vitro tests provide 
    valuable information. They also stated that the results of the ESR test 
    did not correlate well with the animal caries assay results. 
    Furthermore, the authors noted that the sodium monofluorophosphate 
    dentifrices provided high levels of available active fluoride ions but 
    produced only small reductions in enamel solubility. Thus, this study 
    indicated that the animal caries reduction studies gave the most 
    complete assessment of effectiveness of the dentifrices tested compared 
    with the test results from the two in vitro tests (ESR and enamel 
    uptake of fluoride). Therefore, the agency concludes that both animal 
    and human studies provide a more complete assessments of anticaries 
    effectiveness.
        The agency has thoroughly reviewed the comments, the clinical 
    studies involving anticalculus agents added to dentifrice products 
    containing monograph fluoride ingredients, and data comparing the 
    results of in vitro biological tests with in vivo animal caries tests. 
    Based on this evaluation, the agency concludes that biological testing 
    is necessary for all clinically untested dentifrice products to ensure 
    fluoride ion availability. Therefore, the agency is revising the 
    biological testing requirements in this final monograph to require that 
    all OTC anticaries dentifrice drug product formulations not 
    specifically reviewed by the Panel be tested in an animal caries 
    reduction test. This type of biological test will be required rather 
    than optional, as proposed in the tentative final monograph (53 FR 
    22430 at 22434). Based upon a review of all the available data, the 
    agency still concludes that long-term clinical trials are not needed 
    for different or new dentifrice products containing a monograph 
    fluoride ingredient/abrasive system, including untested abrasive 
    systems or new additives. The agency considers fluoride availability as 
    well as ESR and fluoride uptake studies to be good predictors of 
    potential effectiveness of a fluoride toothpaste. However, the in vivo 
    animal caries reduction test provides further assurance that the 
    dentifrice is active against dental caries. The biological portion of 
    the recommended testing provides an important assurance that, in 
    addition to being chemically available as demonstrated by the 
    analytical portion of the testing recommendations, the fluoride is also 
    bioavailable in that it will alter tooth structure in the biological 
    tests to make the tooth resistant to caries.
        Accordingly, the agency is revising the first sentence in 
    Sec. 355.70 of the testing procedures for fluoride dentifrice drug 
    products to read: ``A fluoride dentifrice drug product shall meet the 
    biological test requirements for animal caries reduction and one of the 
    following tests: Enamel solubility reduction or fluoride enamel 
    uptake.''
        Although the agency encourages the development of additional 
    testing procedures, such as remineralization tests, the agency 
    considers the three biological tests recommended by the Panel as 
    sufficient at this time to demonstrate anticaries effectiveness. 
    Demineralization/remineralization studies in humans may also be 
    predictive of anticaries effectiveness. However, the agency has not 
    received sufficient data to correlate specifically the results of 
    remineralization tests with clinical studies that demonstrate 
    anticaries effectiveness of fluoride dentifrices. The agency would 
    consider such tests as an option to animal caries reduction tests if 
    adequate data were submitted to the agency in the form of a petition to 
    amend the monograph.
    
    References-
    
        (1) Lu, K. H. et al., ``The Effect of a Fluoride Dentifrice 
    Containing an Anticalculus Agent on Dental Caries in Children,'' 
    Journal Of Dentistry For Children, 52(6):449-451, 1985. -
        (2) Stephen, K. W. et al., ``A 3-Year Oral Health Dose-Response 
    Study of Sodium Monofluorophosphate Dentifrices with and without 
    Zinc Citrate: Anti-Caries Results,'' Community Dentistry and Oral 
    Epidemiology, 16:321-325, 1988.
        (3) Triol, C. W. et al., ``A Clinical Study of the Anticaries 
    Efficacy of Three Fluoride Dentifrices Containing Anticalculus 
    Ingredients: One and Two Year Results,'' The Journal of Clinical 
    Dentistry, 1(2):48-50, 1988.
        (4) Pader, M. et al., ``The Evaluation of Fluoride 
    Dentifrices,'' Journal of the Society of Cosmetic Chemistry, 28:681-
    694, 1977.
        41. One comment stated that it is unclear what the reference 
    standards will be for the required analytical and biological testing of 
    fluoride dentifrices. The comment contended that it is difficult to 
    comment on the whole program without knowing what the standards are. 
    The comment suggested that an additional period of time be permitted to 
    allow interested groups to comment on the acceptability of the actual 
    United States Pharmacopeia (U.S.P.) reference standards when they are 
    established.
        In the tentative final monograph, the agency stated that it was 
    coordinating establishment of the fluoride dentifrice reference 
    standard formulations with the United States Pharmacopeial Convention 
    (U.S.P.C.) (53 FR 22430 at 22439). Since then, industry has worked with 
    the U.S.P.C. to establish reference standards, through the joint 
    Nonprescription Drug Manufacturers Association and Cosmetic, Toiletry 
    and Fragrance Association task force. Information about the reference 
    standards was made public in U.S.P.'s Pharmacopeial Forum in 1990 (Ref. 
    1), 
    
    [[Page 52501]]
    and interested parties had an opportunity to comment at that time. 
    Reference standards have been available from U.S.P.C. since 1990.
        Based on the public availability and use of these U.S.P. fluoride 
    dentifrice reference standards by the industry since 1990, the agency 
    concludes that it is not necessary to provide an additional comment 
    period.
    
    Reference-
    
        (1) The United States Pharmacopeial Convention, Inc., 
    ``Headquarters Column,'' Pharmacopeial Forum, 16:3-4, 1990.
        42. Two comments requested that the agency refrain from mandating 
    specific biological test procedures in the final monograph for OTC 
    anticaries drug products. Instead, the two comments requested that the 
    biological test procedures proposed in Sec. 355.70 be considered as 
    guidelines only. The comments agreed with the agency that the 
    substitution of a new test, such as remineralization, for one of the 
    three qualifying biological tests should require a petition for FDA 
    approval. However, the comments strongly disagreed with the need for a 
    petition for minor modifications in the biological testing protocols 
    when the results are at least as valid, reliable, and accurate as the 
    current test procedures. One comment added that, without this 
    flexibility, the acceptance by the agency of even minor changes may 
    take an inordinate period of time without helping to protect the 
    dentifrice user from an ineffective product. The comment suggested that 
    if the agency continues to maintain control over changes in test 
    procedures, approval of the changes should be timely and a list of 
    criteria should be provided so that manufacturers can be assured that 
    changes will be accepted by the agency.
        The second comment indicated that mandating specific test protocols 
    tends to discourage scientific experimentation and the application of 
    advanced technology in method development. The comment noted that 
    advances in technology alone will result in changes in test protocols 
    and the precision, sensitivity, and accuracy of various measurements. 
    Therefore, the comment requested that the agency designate the 
    biological testing procedures as guidelines only and explicitly 
    indicate that other valid, reproducible methods are acceptable. The 
    comment indicated that requiring a petition to modify and improve a 
    procedure would not only be time consuming, but also would be expensive 
    and thus not in the interest of consumers. The comment concluded that 
    companies should have the opportunity to make minor modification to 
    test methods as long as the changes are scientifically validated and 
    produce accurate and reliable results.
        The agency does not agree that the specific biological testing 
    procedures for fluoride dentifrices should be considered as test 
    guidelines only. The agency indicated in the tentative final monograph 
    (53 FR 22430 at 22443) that the availability of the fluoride ion in a 
    dentifrice formulation and meeting the biological testing requirements 
    are the most important testing criteria for predicting the 
    effectiveness of a fluoride dentifrice product. The agency considers 
    demonstration of the bioavailability of the fluoride ion in the 
    biological tests listed in Sec. 355.70 as necessary to ensure the 
    anticaries effectiveness of fluoride dentifrices. The agency points out 
    that the required biological tests are based on the results of actual 
    biological testing procedures performed on fluoride dentifrices that 
    had been shown to be clinically effective in preventing caries. These 
    testing procedures are a regulatory standard that supports general 
    recognition of the safety and effectiveness of fluoride dentifrices.
        The agency has had a similar petition procedure for many years for 
    modifications to the in vitro test for OTC antacid drug products (see 
    21 CFR 331.29). The agency has processed these petitions in a timely 
    manner. Accordingly, the agency is including the biological testing 
    procedures in Sec. 355.70 as required tests for any fluoride dentifrice 
    drug product marketed pursuant to this monograph.
        The agency finds no basis to agree with the comment's suggestion 
    that requiring these specific biological testing procedures interferes 
    with the advancement of science and technology. The agency does not 
    intend for the testing procedures to preclude the application of new, 
    advanced technology in testing fluoride dentifrices. The agency agrees 
    with the two comments that as technology continues to evolve, 
    modifications to the existing testing procedures may result in more 
    sensitive, reliable, and accurate measurements. However, there should 
    be a consensus in the scientific community that these new procedures 
    are generally accepted. The agency encourages the development of new 
    testing technology and methods for fluoride dentifrices and has 
    provided in the monograph the opportunity for interested persons to 
    propose modifications or alternative testing procedures through the 
    petition process in 21 CFR 10.30. Any petition should contain 
    sufficient data to support the modification and to demonstrate that the 
    alternative testing procedure provides results that are equivalent to 
    the currently required biological test methods.
        43. Two comments objected to fluoride dentifrice reference 
    standards being provided through the U.S.P.C. The comments suggested 
    that exact specifications for these reference standards (including 
    levels of ingredients, source of raw materials, product specifications, 
    and detailed production directions) be provided as part of the U.S.P. 
    monograph system so that manufacturers could prepare their own fresh 
    reference standards when needed. One comment contended that, given 
    sufficient detailed specifications, manufacturers would certainly be as 
    qualified to produce properly prepared standards as the U.S.P.C.
        Following publication of the tentative final monograph, FDA and 
    industry developed procedures for introduction of new or modified 
    commercial dentifrice formulations without full clinical testing, 
    provided that bioavailability/bioequivalence of the formulation was 
    demonstrated against an appropriate reference standard (Ref. 1). Six 
    U.S.P. fluoride dentifrice reference standards were initially 
    established for use in the biological testing of fluoride dentifrices: 
    (1) Sodium fluoride-calcium pyrophosphate (high beta-phase), (2) sodium 
    fluoride-silica, (3) sodium monofluorophosphate-calcium carbonate, (4) 
    sodium monofluorophosphate-dicalcium phosphate, (5) sodium 
    monofluorophosphate-silica, (6) stannous fluoride-silica (Ref. 2). 
    These reference standards are prepared by manufacturers of dentifrice 
    drug products and provided to the U.S.P.C. for distribution. Thus, the 
    agency agrees with one comment that manufacturers are qualified to 
    produce these reference standards. Based on the development of these 
    reference standards by manufacturers of OTC dentifrice drug products, 
    neither the agency nor the U.S.P.C. sees a need to include exact 
    specifications for these reference standards in the U.S.P. monograph 
    system. Furthermore, the U.S.P. monograph system does not include exact 
    specifications for other reference standards the U.S.P.C. provides.
        The agency had a meeting with U.S.P.C. and industry representatives 
    on May 20, 1993 (Ref. 3), to discuss the existing U.S.P. program for 
    dentifrice reference standards and to determine if any changes were 
    needed once the final monograph for OTC anticaries drug products is 
    issued. Additional procedures to assure continued 
    
    [[Page 52502]]
    availability of these dentifrice reference standards from the U.S.P.C. 
    were developed. The U.S.P.C.'s current supply of dentifrice reference 
    standards were subsequently tested to monitor stability (Refs. 4 
    through 7). Manufacturers of each reference standard have committed to 
    retest stability every 18 months and to make every effort to resupply 
    the U.S.P.C. with additional reference standards when supplies are 
    depleted (Ref. 3). This should occur within 1 to 2 months after the 
    U.S.P.C. makes a request. The U.S.P.C. will provide information 
    concerning the reference standards' stability profile (including total 
    fluoride, available fluoride ions, pH, and specific gravity) that is 
    provided by each manufacturer to any purchaser upon written request. 
    The agency believes that the availability of this information 
    adequately addresses the comments' concerns about specifications for 
    these dentifrice reference standards. Other information of concern, 
    such as source of raw materials and detailed production directions, are 
    considered confidential commercial information or trade secret 
    information. The agency concludes that distribution of dentifrice 
    reference standards by the U.S.P.C. is appropriate.
    
    References-
    
        (1) The United States Pharmacopeial Convention, Inc., 
    ``Headquarters Column,'' Pharmacopeial Forum, 16:3-4, 1990.
        (2) The United States Pharmacopeial Convention, Inc., 
    ``Reference Standards Catalog,'' Pharmacopeial Forum, 17:2458, 1991.
        (3) Minutes of meeting between FDA, U.S.P.C., and industry 
    representatives, May 20, 1993, identified as MM6, Docket No. 80N-
    0042, Dockets Management Branch.
        (4) Comment No. RPT4, Docket No. 80N-0042, Dockets Management 
    Branch.
        (5) Comment No. RPT5, Docket No. 80N-0042, Dockets Management 
    Branch.
        (6) Comment No. RPT6, Docket No. 80N-0042, Dockets Management 
    Branch.
        (7) Comment No. RPT7, Docket No. 80N-0042, Dockets Management 
    Branch.
        44. Two comments suggested that several U.S.P. reference standards 
    for dentifrices should be provided for each Category I fluoride 
    ingredient and abrasive combination for which clinical proof of 
    effectiveness has been submitted. The comments stated that the types 
    and sources of abrasives and other ingredients present in dentifrice 
    reference standards could have a significant effect on the results of 
    bioavailability tests. As an example, the comments suggested that 
    U.S.P. dentifrice reference standards for sodium fluoride products 
    should include sodium fluoride/calcium pyrophosphate, sodium fluoride/
    silica, and sodium fluoride/sodium bicarbonate combinations, all of 
    which have been proven effective in clinical trials. According to one 
    comment, providing all of these standards would ensure the exclusion of 
    ineffective combinations without unfairly excluding dentifrices that 
    are effective but fail to meet the performance of an inappropriate 
    standard.
        The agency agrees with the comments that the availability of 
    appropriate U.S.P. reference standards is essential to conduct the 
    biological testing included in this final monograph for OTC anticaries 
    drug products. In the tentative final monograph (53 FR 22430 at 22439), 
    the agency stated that it was coordinating with U.S.P.C. to establish 
    fluoride dentifrice reference standards that would be made available to 
    manufacturers interested in manufacturing fluoride dentifrices. 
    Subsequently, U.S.P. fluoride dentifrice reference standards have been 
    established for Category I fluoride ingredient/abrasive combinations 
    that had been reviewed by the Panel and determined by clinical trials 
    to be effective anticaries drug products. These reference standards 
    include the fluoride dentifrice combinations suggested by the comments, 
    i.e., sodium fluoride/calcium pyrophosphate and sodium fluoride/silica, 
    as well as sodium monofluorophosphate/calcium carbonate, sodium 
    monofluorophosphate/dicalcium phosphate, sodium monofluorophosphate/
    silica, and stannous fluoride/silica (see section I.F., comment 43 of 
    this document). A list of U.S.P. reference standards available as of 
    the date of this final rule is on file in the Dockets Management Branch 
    (Ref. 1).
        The U.S.P. reference standards that have been established include 
    only those dentifrice formulations that have been demonstrated to be 
    clinically effective and that were reviewed by the Panel. At the time 
    of the Panel's deliberation, no clinical data supporting the 
    effectiveness of a sodium fluoride/sodium bicarbonate dentifrice were 
    submitted for review. Consequently, a U.S.P. reference standard for 
    this dentifrice formulation has not been established.
        The agency indicated in the tentative final monograph (53 FR 22430 
    at 22443) that any Category I fluoride compound formulated with an 
    appropriate abrasive can be marketed provided the dentifrice meets the 
    biological testing requirements in Sec. 355.70 and contains the amount 
    of available fluoride ion stated in Sec. 355.10. The particular 
    fluoride ingredient contained in the chosen reference standard must be 
    the same as the fluoride ingredient in the dentifrice formulation being 
    tested; however, it is not necessary that the abrasive be the same as 
    the abrasive contained in the reference standard. The agency is aware 
    that several manufacturers use the U.S.P. reference standards, sodium 
    fluoride/calcium pyrophosphate or sodium fluoride/silica, in the 
    biological testing of their sodium fluoride/sodium bicarbonate 
    dentifrice products (Ref. 2). A manufacturers' association has recently 
    informed the agency that a new supply of one of the U.S.P. reference 
    standards, sodium fluoride/calcium pyrophosphate (high-beta phase), 
    will not be manufactured when the current supply at U.S.P.C. is 
    exhausted (Ref. 3). When this sodium fluoride/calcium pyrophosphate 
    dentifrice reference standard is no longer available, manufacturers 
    should use the sodium fluoride/silica dentifrice reference standard in 
    its place to conduct the biological tests. Thus, in response to the 
    comment's suggestion that a reference standard be established for a 
    sodium fluoride/sodium bicarbonate dentifrice, it is sufficient that 
    the formulation meet the biological testing requirements using a 
    reference standard containing sodium fluoride, and the available 
    fluoride ion concentration of the dentifrice be equal to or greater 
    than 650 ppm.
    
    References-
    
        (1) OTC Vol. 08BTPRS, Docket No. 80N-0042, Dockets Management 
    Branch.
        (2) Memoranda of telephone conversations between C. Martin, FDA, 
    and W. Cooley, Procter & Gamble Co., dated February 8, 1993; P. 
    Okarma, Colgate-Palmolive Co., dated February 9, 1993; and D. 
    Worrell, Church & Dwight Co., dated February 17, 1993, OTC Vol. 
    08AFM, Docket No. 80N-0042, Dockets Management Branch.
        (3) Comment No. RPT4, Docket No. 80N-0042, Dockets Management 
    Branch.
    
    G. Comments on Package Size Limitation
    
        45. One comment requested that the agency increase the fluoride 
    dentifrice package size limitation from 260 mg of total fluorine per 
    package to 350 mg to accommodate the increased amount of fluoride 
    contained in dentifrices containing 1,500 ppm. The comment noted that 
    dentifrice products marketed pursuant to the proposed OTC drug 
    monograph contain less than 1,150 ppm fluoride and are marketed in 9-oz 
    package sizes to adhere to the 260-mg total fluorine package size 
    limitation. The comment indicated that FDA had obviously reconsidered 
    the 260-mg dentifrice package size limitation in approving an NDA for 
    an OTC dentifrice 
    
    [[Page 52503]]
    product containing 1,500 ppm fluoride. According to the comment, the 
    NDA fluoride dentifrice is marketed in 8.2 and 6.4 oz package sizes 
    that contain 350 and 272 mg theoretical total fluorine, respectively. 
    The comment added that these package sizes do not have any special 
    cautionary labeling concerning the additional fluoride and do not have 
    child-resistant closures. The comment contended that consumers would 
    not be able to differentiate the amount of fluoride contained in 
    packages of the 1,150-ppm and the 1,500-ppm products, and thus would 
    not treat or use the products differently. The comment remarked that 
    there appears to have been no concern at all that ingestion of the 
    entire package of dentifrice was a real public safety risk. The comment 
    concluded that consumers would benefit from an increase in the package 
    size fluorine limitation because of the added convenience of a larger 
    package size and more economical products on a cost per oz basis.
        The comment stated that the issue in establishing a package size 
    limitation is to prevent acute toxicity that may result from a single 
    individual ingesting the entire contents of a fluoride dentifrice 
    package on a single occasion, rather than to prevent the long-term 
    adverse effects of fluoride ingestion. The comment submitted a list of 
    21 published animal toxicology studies (Ref. 1) that were submitted in 
    support of the NDA for the 1,500-ppm fluoride dentifrice product. The 
    comment stated that a review of its marketing experience records over 
    an 18-month period (during which tubes as small as 1.4 oz were 
    marketed) indicated that no one in the United States had ingested an 
    entire tube of toothpaste regardless of size during that period of 
    time. The comment added that it has marketed a 1,450-ppm fluoride 
    (theoretical total fluorine) dentifrice extensively outside the United 
    States in tube sizes that exceed the proposed monograph package size 
    limitations without any special warnings or closures. The comment 
    stated that no incidents or issues have been raised with respect to the 
    safety of such package sizes. The comment concluded that the proposed 
    260-mg package size limitation is unnecessary to protect the safety or 
    health of the American public and that the limitation should be raised 
    to 350-mg.
        After the tentative final monograph was published in 1985, the 
    agency evaluated and approved an NDA (19-518) for an OTC fluoride 
    dentifrice containing 1,500-ppm theoretical total fluoride (Ref. 2). As 
    part of that evaluation, the agency reconsidered, as noted by the 
    comment, the package size limitation of 260 mg total fluorine that had 
    been recommended by the Panel and proposed by the agency in the 
    tentative final monograph. The agency approved marketing of a 6.4 oz 
    (actually containing 276 mg total fluorine) and a 8.2 oz (containing 
    350 mg total fluorine) package size. Since that time, the agency has 
    reviewed the confidential sales distribution data submitted under the 
    NDA for the extra-strength dentifrice. The data indicate extensive 
    marketing experience for the 6.4 oz package size and limited marketing 
    of the 8.2 oz package size. Furthermore, the manufacturer of the extra-
    strength dentifrice has discontinued marketing the 8.2 oz package size 
    (Ref. 3). The agency concludes that it has insufficient marketing 
    experience and an inadequate safety profile to support general 
    recognition of an 8.2 oz package size containing 350 mg total fluorine 
    per package. The agency has sufficient data to support the 6.4 oz 
    package size of 1,500 ppm dentifrice (containing 276 mg total 
    fluorine). Therefore, the agency is limiting monograph dentifrices to a 
    package size containing no more than 276 mg total fluorine per package.
    
    References-
    
        (1) Comment No. CP4, Docket No. 85N-0554, Dockets Management 
    Branch.
        (2) Copy of FDA-approved Labeling from NDA 19-518, OTC Vol. 
    08AFM, Docket No. 80N-0042, Dockets Management Branch.
        (3) Memorandum of telephone conversation between C. Martin, FDA, 
    and L. Cancro, Consultant to Chesebrough-Pond's Co., dated August 9, 
    1993, OTC Vol. 08AFM, Docket No. 80N-0042, Dockets Management 
    Branch.
        46. One comment requested that the proposed package size 
    limitations for dentifrices, treatment rinses, and treatment gels in 
    Sec. 355.20(a) and (b) not be limited to 260 mg (dentifrices) and 120 
    mg (rinses and gels) total fluorine per package when the products are 
    intended for professional use. Noting that the package size limitations 
    were proposed because of potential toxicity that might be caused by 
    accidental ingestion of these products, the comment contended that 
    these package size restrictions are inappropriate for professional 
    packages used by dental practitioners in their practice. The comment 
    stated that dentists routinely administer these products to their 
    patients as part of their treatment and, thus, require a larger 
    container than the proposed OTC package sizes. The comment concluded 
    that professional package sizes would have limited distribution, would 
    not be available to consumers and, therefore, would not be a safety 
    concern.
        The package size limitations established for OTC fluoride 
    dentifrices, treatment rinses, and preventive treatment gels in 
    Sec. 355.20 of this final monograph are intended for products used by 
    the general public and not for products used only under professional 
    supervision. The agency does not believe that safety problems will 
    occur when a larger package size is distributed for professional office 
    use only, provided the package is not intended to be distributed by the 
    dentist to the consumer for home use. A product marketed in this manner 
    would present potential safety problems similar to an OTC product. 
    Therefore, the agency is not limiting the package size for dentifrices, 
    treatment rinses, and preventive treatment gels labeled for 
    professional office use only. The agency is including in Sec. 355.60 of 
    the monograph (professional labeling) the following statements for 
    products marketed to health professionals in package sizes larger than 
    those specified in Sec. 355.20: ``For Professional Office Use Only'' 
    and ``This product is not intended for home or unsupervised consumer 
    use.'' For clarity, the agency is adding paragraph (a)(3) to 
    Sec. 355.20 as follows: ``Package size limitations do not apply to 
    anticaries drug products marketed for professional office use only and 
    labeled in accord with Sec. 355.60.''
    
    II. Summary of Significant Changes From the Proposed Rule
    
    A. Summary of Ingredient Categories
    
        The agency has reviewed all claimed active ingredients submitted to 
    the Panel and to the tentative final monograph, as well as other data 
    and information available at this time. For the convenience of the 
    reader, the following table is a summary of the agency's categorization 
    of OTC anticaries active ingredients.
    
                                                                                                                    
    ----------------------------------------------------------------------------------------------------------------
         Anticaries Active                                                                                          
            Ingredients                       Monograph (M)                            Nonmonograph (NM)            
    ----------------------------------------------------------------------------------------------------------------
    Hydrogen fluoride:........                                                                                      
    
    [[Page 52504]]
                                                                                                                    
      Rinse--In an appropriate                                                                                      
       formulation with 0.02                                                                                        
       percent fluoride ion...                                                                                   NM 
    Phosphate preparations:...                                                                                      
      Calcium sucrose                                                                                               
       phosphate..............                                                                                   NM 
      Dicalcium phosphate                                                                                           
       dihydrate..............                                                                                   NM 
      Disodium hydrogen                                                                                             
       phosphate..............                                                                                   NM 
      Phosphoric acid.........                                                                                   NM 
      Sodium dihydrogen                                                                                             
       phosphate..............                                                                                   NM 
      Sodium dihydrogen                                                                                             
       phosphate monohydrate..                                                                                   NM 
      Sodium phosphate........                                                                                   NM 
      Sodium phosphate,                                                                                             
       dibasic anhydrous                                                                                            
       reagent................                                                                                   NM 
      Sodium bicarbonate......                                                                                   NM 
    Sodium fluoride:..........                                                                                      
      Dentifrice--paste: 0.188                                                                                      
       to 0.254 percent (with                                                                                       
        650                                                                                              
       available fluoride ion)                                         M                                            
    Dentifrice--powder: 0.188                                                                                       
     to 0.254 percent (with                                                                                         
      850 ppm                                                                                            
     available fluoride ion                                                                                         
     and poured-bulk density                                                                                        
     of 1.0 to 1.2 g/mL)......                                         M                                            
      Rinse--0.05 percent.....                                         M                                            
      Rinse--0.02 percent.....                                         M                                            
      Rinse--Acidulated                                                                                             
       phosphate fluoride with                                                                                      
       0.02 percent fluoride                                                                                        
       ion....................                                         M                                            
      Rinse--Acidulated                                                                                             
       phosphate fluoride with                                                                                      
       0.01 percent fluoride                                                                                        
       ion....................                                         M                                            
    Sodium fluoride and                                                                                             
     hydrogen fluoride:.......                                                                                      
      Rinse--Acidulated                                                                                             
       phosphate fluoride with                                                                                      
       1.23 percent fluoride                                                                                        
       ion....................                                                                                   MN 
    Sodium monofluorophosphate                                                                                      
     (850 to 1,150 ppm):......                                                                                      
      Dentifrice: 0.654 to                                                                                          
       0.884 percent (with  800 ppm                                                                                              
       available fluoride ion                                                                                       
       as PO3F= and F-                                                                                              
       combined)..............                                         M                                            
      Rinse--6.0 percent......                                                                                   NM 
    Sodium monofluorophosphate                                                                                      
     (1,500 ppm):.............                                                                                   NM 
      Dentifrice--1.153                                                                                             
       percent (with  1,275 ppm available                                                                                      
       fluoride ion as PO3F=                                                                                        
       and F- combined).......                                         M   .........................................
    Stannous fluoride:........                                                                                      
      Dentifrice--0.351 to                                                                                          
       0.474 with an available                                                                                      
       fluoride ion                                                                                                 
       concentration of:......                                                                                      
         700 ppm                                                                                         
         for products                                                                                               
         containing abrasive                                                                                        
         other than calcium                                                                                         
         pyrophosphate........                                         M                                            
        or....................                                                                                      
         290 ppm                                                                                         
         for products                                                                                               
         containing the                                                                                             
         abrasive calcium                                                                                           
         pyrophosphate........                                         M                                            
      Rinse--0.1 percent......                                         M                                            
      Gel--0.4 percent in an                                                                                        
       anhydrous glycerin gel.                                         M                                            
    ----------------------------------------------------------------------------------------------------------------
    
    
    
    B. Summary of the Agency's Changes
    
        1. The agency is revising the definitions proposed for anticaries 
    drug, dentifrice, and treatment gel in Sec. 355.3(c), (e), and (i), 
    respectively. The agency is adding a definition for anhydrous glycerin 
    in Sec. 355.3(b), as used in Sec. 344.3(a) (21 CFR 344.3(a)) of the 
    final monograph for OTC topical otic drug products. Also, in 
    Sec. 355.3(h), the agency is adding a definition for a fluoride 
    supplement that is intended to be swallowed. Because of these 
    additions, proposed Sec. 355.3(b) through (f) have been redesignated as 
    paragraphs (c) through (g), and Sec. 355.3(g) through (k) have been 
    redesignated as paragraphs (i) through (m), respectively, in this final 
    monograph. (See section I.B., comments 5, 6, and 7 of this document.)
        2. The agency is including fluoride dentifrices that contain 1,500 
    ppm theoretical total fluorine in Sec. 355.10(b)(2) of this final 
    monograph. Because of concerns about dental fluorosis, the agency is 
    requiring that dentifrices containing these fluorine concentrations be 
    clearly labeled for use only by children 6 years of age and older and 
    is including directions for adults and children 6 years of age and 
    older in Sec. 355.50(d)(1)(ii) of this final monograph. The agency is 
    also including an optional additional labeling statement that will 
    inform consumers of the benefits of these products. (See section I.B., 
    comment 10 of this document.)
        3. The agency is adding sodium fluoride/sodium bicarbonate powdered 
    dentifrices in Sec. 355.10(a)(2) of this final monograph. Directions 
    for these products appear in Sec. 355.50(d)(1)(iii). (See section I.B., 
    comments 13 and 14 of this document.)
        4. The agency is increasing the package size limitations in 
    Sec. 355.20(a) for dentifrice (toothpastes and tooth powders) packages 
    up to 276 milligrams total fluorine per package. The agency is also 
    adding a new paragraph in Sec. 355.20 for fluoride powdered dentifrices 
    that provides for tight container packaging in accordance with the 
    definition in the U.S.P. (See section I.B., comment 15 and section 
    I.G., comment 45 of this document.)
        5. The agency notes that there is a U.S.P. monograph for Sodium 
    Fluoride and Phosphoric Acid Topical Solution (Ref. 1). This monograph 
    applies to acidulated phosphate sodium fluoride topical solutions 
    having a pH between 3.0 and 4.0. Therefore, this monograph 
    
    [[Page 52505]]
    would apply to the aqueous solution of acidulated phosphate fluoride 
    described in Sec. 355.10(a)(3)(ii) of the final monograph for OTC 
    anticaries drug products and could apply to the aqueous solution of 
    acidulated phosphate fluoride described in Sec. 355.10(a)(3)(i) if the 
    pH range of the U.S.P. monograph were to be expanded to 4.5. The agency 
    and an interested manufacturer (Ref. 2) are working with U.S.P. to 
    develop a revision in the compendial monograph for these rinse 
    products. The agency anticipates that this revision will be completed 
    before this final monograph for OTC anticaries drug products becomes 
    effective. In accord with Sec. 355.50(a) of the final monograph, 
    manufacturers marketing these products should include the compendial 
    name, Sodium Fluoride and Phosphoric Acid Topical Solution, as the 
    established name in the labeling of such products.
    
    References-
    
        (1) The United States Pharmacopeia 23--The National Formulary 
    18, United States Pharmacopeial Convention, Inc., Rockville, MD, p. 
    1423, 1994.
        (2) Memorandum of telephone conversation between C. Martin, FDA, 
    and P. Okarma, Colgate-Palmolive Co., dated December 9, 1993, OTC 
    Vol. 08AFM, Docket No. 80N-0042, Dockets Management Branch.-
        6. The agency is redesignating several paragraphs and is providing 
    the following table of changes for the convenience of the reader:
    
                                                                            
    ------------------------------------------------------------------------
     Paragraph number in this     Paragraph number in the tentative final   
          final mongraph                         monograph                  
    ------------------------------------------------------------------------
    355.3(b).................  .............................................
    355.3(c) through (g).....                           355.3(b) through (f)
    355.3(h).................                                               
    355.3(i) through (m).....                           355.3(g) through (k)
      .......................                                               
    355.10(a)(2).............  .............................................
    355.10(a)(3)(i)..........                                   355.10(b)(1)
    355.10(a)(3)(ii).........                                   355.10(b)(2)
    355.10(a)(3)(iii)........                                   355.10(b)(3)
    355.10(a)(3)(iv).........                                   355.10(b)(4)
    355.10(a)(3)(v)..........                                   355.10(b)(5)
    355.10(b)(1).............                                   355.10(a)(2)
    355.10(b)(2).............  .............................................
    355.10(c)(1)(i)..........                                   355.10(a)(3)
    355.10(c)(1)(ii).........                                   355.10(a)(4)
    355.10(c)(2).............                                      355.10(c)
    355.10(c)(3).............                                   355.10(b)(6)
      .......................                                               
    355.20(a)(1)1............                                      355.20(a)
    355.20(a)(2).............                                      355.20(b)
    355.20(a)(3).............  .............................................
    355.20(b)................  .............................................
                                                                            
    355.50(d)(1)(i)..........                                355.50(d)(1)(i)
    355.50(d)(1)(ii).........  .............................................
    355.50(d)(2)(i)..........                                   355.50(d)(2)
    355.50(d)(2)(ii).........  .............................................
    355.50(d)(2)(iii)........                               355.50(d)(2)(ii)
    355.50(d)(5).............  .............................................
    355.50(e)(2).............                                   355.50(e)(3)
    355.50(f)(1)2............                                      355.50(f)
    355.50(f)(2).............  .............................................
      .......................                                      355.50(g)
    ------------------------------------------------------------------------
    \1\ Because Sec.  355.20(b) has been revised, the heading of Sec.       
      355.20 has been changed to ``Packaging conditions.''                  
    \2\ Because Sec.  355.50(f)(2) has been added, the word ``statement'' in
      the heading of Sec.  355.50(f) has been changed to ``statements.''    
    
        7. The agency is revising and expanding Sec. 355.50(a) to provide 
    the option of using the additional terms ``mouthwash,'' ``tooth 
    powder,'' and ``tooth polish'' in the statement of identity. The agency 
    is also requiring that the term ``preventive treatment'' be included in 
    the statement of identity for nonabrasive fluoride gels. The agency is 
    providing that the word ``treatment'' be optional in the statement of 
    identity for fluoride rinse products. (See section I.C., comments 17 
    and 18 of this document.)
        8. The agency has moved the statement ``Do not use before mixing 
    with water'' from the warnings in proposed Sec. 355.50(c) to the 
    directions for use in Sec. 355.50(d)(5) of this final monograph. This 
    statement is to be the first sentence of the directions for 
    concentrated treatment rinse solutions, powders, and effervescent 
    tablets. (See section I.C., comment 26 of this document.)
        9. The agency is modifying the general warning in Sec. 330.1(g), 
    which states: ``Keep this and all drugs out of the reach of children,'' 
    to read as follows for fluoride dentifrice drug products: ``Keep out of 
    the reach of children under 6 years of age.'' This warning appears in 
    Sec. 355.50(c)(1) of this final monograph. However, in 
    Sec. 355.50(c)(2), the agency continues to require the general warning 
    in Sec. 330.1(g) for all other OTC anticaries drug products. (See 
    section I.B., comment 22 of this document.)
        10. The agency is revising the directions for anticaries dentifrice 
    drug products proposed in Sec. 355.50(d) and is including the revised 
    directions in Sec. 355.50(d)(1)(i), (d)(1)(ii), and (d)(1)(iii) 
    
    [[Page 52506]]
    of this final monograph. The agency is also revising the directions for 
    use of anticaries preventive treatment gels by children in 
    Sec. 355.50(d) to read: ``Instruct children under 12 years of age in 
    the use of this product (to minimize swallowing). Supervise children as 
    necessary until capable of using without supervision.'' The agency is 
    including the revised directions in Sec. 355.50(d)(4) in this final 
    monograph.
        11. The agency is revising the directions for use of anticaries 
    treatment rinses by children, proposed in Sec. 355.50(d)(2)(i), to 
    read: ``Instruct children under 12 years of age in good rinsing habits 
    (to minimize swallowing). Supervise children as necessary until capable 
    of using without supervision.'' The agency is including the revised 
    directions in Sec. 355.50(d)(2)(i) and (d)(2)(ii) in this final 
    monograph. (See section I.C., comment 25 of this document.)
        12. The agency is not including proposed Sec. 355.50(e)(2) in this 
    final monograph. In its place, the agency is including new Sec. 355.55, 
    as follows: ``Principal display panel of all fluoride rinse drug 
    products. In addition to the statement of identity required in 
    Sec. 355.50, the following statement shall be prominently placed on the 
    principal display panel: 'IMPORTANT: Read directions carefully before 
    using'''. Because proposed Sec. 355.50(e)(2) is not included in this 
    monograph, the agency is redesignating proposed Sec. 355.50(e)(3) as 
    Sec. 355.50(e)(2) in this final monograph. (See section I.C., comment 
    20 of this document.)
        13. The agency is not including proposed Sec. 355.50(g) (which 
    states: ``The word 'physician' may be substituted for the word 'doctor' 
    in any of the labeling statements in this section.'') in this final 
    monograph because the agency has amended Sec. 330.1 to permit the 
    interchangeability of certain terms, including ``physician'' and 
    ``doctor,'' in all OTC drug monographs. (See 59 FR 3998, January 28, 
    1994.)
        14. The agency is modifying the introductory language in the 
    professional labeling in Sec. 355.60 to read: ``The labeling for 
    anticaries fluoride treatment rinses identified in Sec. 355.10(b) that 
    are specially formulated so they may be swallowed (fluoride 
    supplements) and are provided to health professionals (but not to the 
    general public) may contain the following additional dosage 
    information: * * *.'' (See section I.C., comment 28 of this document.)
        15. The agency is including in Sec. 355.60 (professional labeling) 
    the following statements for products marketed to professionals in 
    package sizes larger than those specified in Sec. 355.20: ``For 
    Professional Office Use Only'' and ``This product is not intended for 
    home or unsupervised consumer use.'' The agency is also amending 
    Sec. 355.20 by revising paragraph (b) to read: ``Package size 
    limitations do not apply to anticaries drug products marketed for 
    professional office use only and labeled in accord with Sec. 355.60.'' 
    (See section I.G., comment 46 of this document.)
        16. The agency is revising the biological testing requirements in 
    this final monograph to require that all OTC anticaries dentifrice drug 
    product formulations be tested in an animal caries reduction test 
    rather than allowing this type of biological test to be optional as 
    proposed in the tentative final monograph (53 FR 22430 at 22434). 
    Accordingly, the first sentence in Sec. 355.70 of the testing 
    procedures for fluoride dentifrice drug products reads: ``A fluoride 
    dentifrice drug product must meet the biological test requirements for 
    animal caries reduction and one of the following tests: Enamel 
    solubility reduction or fluoride enamel uptake.'' The agency has 
    further revised the proposed testing guidance for parameters other than 
    available fluoride ion and biological test requirements and is citing 
    these revised parameters as testing intended as guidance, e.g., for use 
    in determining expiration dating. The agency is including a revised LTP 
    chart in the preamble of this document for informational purposes. (See 
    section I.F., comments 37, 39, and 40 of this document.)
        17. The agency is revising the testing procedures in Sec. 355.70 to 
    include information about the available U.S.P. fluoride dentifrice 
    reference standards. (See section I.F., comments 43 and 44 of this 
    document.)
    
    III. The Agency's Final Conclusions on OTC Anticaries Drug Products
    
        Based on available evidence, the agency is issuing a final 
    monograph establishing conditions under which OTC anticaries drug 
    products (aid in the prevention of dental cavities) are generally 
    recognized as safe and effective and not misbranded. Specifically, the 
    agency has determined that the following active ingredients meet 
    monograph conditions: Sodium fluoride, sodium monofluorophosphate, and 
    stannous fluoride. All other ingredients considered in this rulemaking 
    have been determined to be nonmonograph conditions. Four of these 
    ingredients are presently listed in Sec. 310.545(a)(2) (21 CFR 
    310.545(a)(2)) as not generally recognized as safe and effective for 
    anticaries use, i.e., hydrogen fluoride, sodium carbonate, sodium 
    monofluorophosphate (6 percent rinse), and sodium phosphate. In this 
    final rule, the agency is amending Sec. 310.545(a)(2) by adding the 
    ingredients calcium sucrose phosphate, dicalcium phosphate dihydrate, 
    disodium hydrogen phosphate, phosphoric acid, sodium dihydrogen 
    phosphate, sodium dihydrogen phosphate monohydrate, and sodium 
    phosphate, dibasic anhydrous reagent to this list of nonmonograph 
    conditions. These ingredients appear in new Sec. 310.545(a)(2)(ii), 
    while previous Sec. 310.545(a)(2) is redesignated 
    Sec. 310.545(a)(2)(i).
        The agency is removing the existing warning and caution statement 
    required in Sec. 369.21 (21 CFR 369.21) and exemptions for certain 
    drugs limited by NDA's to prescription sale in Sec. 310.201(a)(10) and 
    (a)(15) (21 CFR 310.201(a)(10) and (a)(15)) for anticaries drug 
    products because most portions of those regulations are superseded by 
    the anticaries final monograph (21 CFR part 355). The items being 
    removed include: (1) Sec. 310.201(a)(10)(i) through (a)(10)(vi); (2) 
    Sec. 310.201(a)(15)(i) through (a)(15)(vi); and (3) paragraphs in 
    Sec. 369.21 applicable to sodium fluoride dentifrice powder and sodium 
    monofluorophosphate dentifrice solution. The agency is reserving 
    paragraphs (a)(10) and (a)(15) in Sec. 310.201 for future use.
        Any drug product labeled, represented, or promoted for use as an 
    OTC anticaries drug product that contains any of the ingredients listed 
    in Sec. 310.545(a)(2) or that is not in conformance with the monograph 
    (21 CFR part 355) may be considered a new drug within the meaning of 
    section 201(p) of the act (21 U.S.C. 321(p)) and misbranded under 
    section 502 of the act (21 U.S.C. 352) and may not be marketed for this 
    use unless it is the subject of an approved application or abbreviated 
    application under section 505 of the act (21 U.S.C. part 355) and part 
    314 of the regulations (21 CFR part 314). In appropriate circumstances, 
    a citizen petition to amend the monograph may be submitted under 21 CFR 
    10.30 in lieu of an application. Any OTC anticaries drug product 
    initially introduced or initially delivered for introduction into 
    interstate commerce after the effective dates of Sec. 310.545(a)(2) or 
    the effective date of this final rule that is not in compliance with 
    the regulations is subject to regulatory action.
        An analysis of the cost and benefits of this regulation, conducted 
    under 
    
    [[Page 52507]]
    Executive Order 12291, was discussed in the tentative final monograph 
    of September 30, 1985 (50 FR 39854) and in the amendment of the 
    tentative final monograph of June 15, 1988 (53 FR 22430). No comments 
    were received in response to the agency's request for specific comment 
    on the economic impact of this rulemaking (50 FR 39854 at 39871 and 53 
    FR 22430 at 22447), and the substance of that analysis has not changed. 
    Executive Order 12291 has been superseded by Executive Order 12866. FDA 
    has examined the impacts of the final rule under Executive Order 12866 
    and the Regulatory Flexibility Act (Pub. L. 96-354). Executive Order 
    12866 directs agencies to assess all costs and benefits of available 
    regulatory alternatives and, when regulation is necessary, to select 
    regulatory approaches that maximize net benefits (including potential 
    economic, environmental, public health and safety, and other 
    advantages; distributive impacts; and equity). The agency believes that 
    this final rule is consistent with the regulatory philosophy and 
    principles identified in the Executive Order. In addition, the final 
    rule is not a significant regulatory action as defined by the Executive 
    Order and, thus, is not subject to review under the Executive Order.
        The Regulatory Flexibility Act requires agencies to analyze 
    regulatory options that would minimize any significant impact of a rule 
    on small entities. All major anticaries drug products already contain 
    monograph ingredients, and no reformulations should be necessary. This 
    final rule will require some relabeling for these products. 
    Manufacturers will have 1 year to implement this relabeling. 
    Accordingly, the agency certifies that the final rule will not have a 
    significant economic impact on a substantial number of small entities. 
    Therefore, under the Regulatory Flexibility Act, no further analysis is 
    required.
        The agency has determined under 21 CFR 25.24(c)(6) that this action 
    is of a type that does not individually or cumulatively have a 
    significant effect on the human environment. Therefore, neither an 
    environmental assessment nor an environmental impact statement is 
    required.
    
    List of Subjects
    
    21 CFR Part 310
    
        Administrative practice and procedure, Drugs, Labeling, Medical 
    devices, Reporting and recordkeeping requirements.
    
    21 CFR Part 355
    
        Labeling, Over-the-counter drugs.
    
    21 CFR Part 369
    
        Labeling, Medical devices, Over-the-counter drugs.
        Therefore, under the Federal Food, Drug, and Cosmetic Act and under 
    authority delegated to the Commissioner of Food and Drugs, 21 CFR 
    chapter I is amended as follows:
    
    PART 310--NEW DRUGS
    
        1. The authority citation for 21 CFR part 310 continues to read as 
    follows:
    
        Authority: Secs. 201, 301, 501, 502, 503, 505, 506, 507, 512-
    516, 520, 601(a), 701, 704, 705, 721 of the Federal Food, Drug, and 
    Cosmetic Act (21 U.S.C. 321, 331, 351, 352, 353, 355, 356, 357, 
    360b-360f, 360j, 361(a), 371, 374, 375, 379e); secs. 215, 301, 
    302(a), 351, 354-360F of the Public Health Service Act (42 U.S.C. 
    216, 241, 242(a), 262, 263b-263n).
    
    
    Sec. 310.201  [Amended]
    
        2. Section 310.201 Exemption for certain drugs limited by new-drug 
    applications to prescription sale is amended by removing and reserving 
    paragraphs (a)(10) and (a)(15).
        3. Section 310.545 is amended by redesignating the text of 
    paragraph (a)(2) as paragraph (a)(2)(i); by adding new (a)(2)(i) 
    heading and paragraphs (a)(2)(ii) and (d)(24); and by revising 
    paragraph (d) introductory text and paragraph (d)(1) to read as 
    follows:
    
    
    Sec. 310.545  Drug products containing certain active ingredients 
    offered over-the-counter (OTC) for certain uses.
    
        (a) * * *
        (2) Anticaries drug products--(i) Approved as of May 7, 1991. * * *
        (ii) Approved as of October 7, 1996.
    Calcium sucrose phosphate
    Dicalcium phosphate dihydrate
    Disodium hydrogen phosphate\1\
    
        \1\ These ingredients are nonmonograph except when used to 
    prepare acidulated phosphate fluoride treatment rinses identified in 
    Sec. 355.10(a)(3) of this chapter.
    ---------------------------------------------------------------------------
    
    Phosphoric acid1
    Sodium dihydrogen phosphate
    Sodium dihydrogen phosphate monohydrate
    Sodium phosphate, dibasic anhydrous reagent1
     * * * * *
        (d) Any OTC drug product that is not in compliance with this 
    section is subject to regulatory action if initially introduced or 
    initially delivered for introduction into interstate commerce after the 
    dates specified in paragraphs (d)(1) through (d)(24) of this section.
        (1) May 7, 1991, for products subject to paragraphs (a)(1) through 
    (a)(2)(i), (a)(3) through (a)(4), (a)(6)(i)(A), (a)(6)(ii)(A), (a)(7) 
    (except as covered by paragraph (d)(3) of this section), (a)(8)(i), 
    (a)(9) through (a)(10)(iii), (a)(12)(i) through (a)(12)(iv), (a)(14) 
    through (a)(15)(i), and (a)(16) through (a)(18)(i) of this section.
     * * * * *
        (24) October 7, 1996, for products subject to paragraph (a)(2)(ii) 
    of this section.
        4. Part 355 is added to read as follows:
    
    PART 355--ANTICARIES DRUG PRODUCTS FOR OVER-THE-COUNTER HUMAN USE
    
    Subpart A--General Provisions
    
    Sec.
    355.1    Scope.
    355.3    Definitions.
    
    Subpart B--Active Ingredients
    
    355.10    Anticaries active ingredients.
    355.20    Packaging conditions.
    
    Subpart C--Labeling
    
    355.50    Labeling of anticaries drug products.
    355.55    Principal display panel of all fluoride rinse drug 
    products.
    335.60    Professional labeling.
    
    Subpart D--Testing Procedures
    
    355.70    Testing procedures for fluoride dentifrice drug products.
    
        Authority: Secs. 201, 501, 502, 503, 505, 510, 701 of the 
    Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321, 351, 352, 353, 
    355, 360, 371).
    
    Subpart A--General Provisions
    
    
    Sec. 355.1  Scope.
    
        (a) An over-the-counter anticaries drug product in a form suitable 
    for topical administration to the teeth is generally recognized as safe 
    and effective and is not misbranded if it meets each condition in this 
    part and each general condition established in Sec. 330.1 of this 
    chapter.
        (b) References in this part to regulatory sections of the Code of 
    Federal Regulations are to Chapter I of Title 21 unless otherwise 
    noted.
    
    
    Sec. 355.3   Definitions.
    
        As used in this part:
        (a) Abrasive. Solid materials that are added to dentifrices to 
    facilitate mechanical removal of dental plaque, debris, and stain from 
    tooth surfaces.
        (b) Anhydrous glycerin. An ingredient that may be prepared by 
    heating glycerin U.S.P. at 150 -C for 2 hours to drive off the moisture 
    content.
        (c) Anticaries drug. A drug that aids in the prevention and 
    prophylactic treatment of dental cavities (decay, caries). 
    
    [[Page 52508]]
    
        (d) Dental caries. A disease of calcified tissues of teeth 
    characterized by demineralization of the inorganic portion and 
    destruction of the organic matrix.
        (e) Dentifrice. An abrasive-containing dosage form for delivering 
    an anticaries drug to the teeth.
        (f) Fluoride. The inorganic form of the chemical element fluorine 
    in combination with other elements.
        (g) Fluoride ion. The negatively charged atom of the chemical 
    element fluorine.
        (h) Fluoride supplement. A special treatment rinse dosage form that 
    is intended to be swallowed, and is promoted to health professionals 
    for use in areas where the water supply contains 0 to 0.7 parts per 
    million (ppm) fluoride ion.
        (i) Preventive treatment gel. A dosage form for delivering an 
    anticaries drug to the teeth. Preventive treatment gels are formulated 
    in an anhydrous glycerin base with suitable thickening agents included 
    to adjust viscosity. Preventive treatment gels do not contain 
    abrasives.
        (j) Treatment rinse. A liquid dosage form for delivering an 
    anticaries drug to the teeth.
        (k) Treatment rinse concentrated solution. A fluoride treatment 
    rinse in a concentrated form to be mixed with water before using to 
    result in the appropriate fluoride concentration specified in the 
    monograph.
        (l) Treatment rinse effervescent tablets. A fluoride treatment 
    rinse prepared by adding an effervescent tablet (a concentrated solid 
    dosage form) to water before using to result in the appropriate 
    fluoride concentration specified in the monograph.
        (m) Treatment rinse powder. A fluoride treatment rinse prepared by 
    adding the powder (a concentrated solid dosage form) to water before 
    using to result in the appropriate fluoride concentration specified in 
    the monograph.
    
    Subpart B--Active Ingredients
    
    
    Sec. 355.10   Anticaries active ingredients.
    
        The active ingredient of the product consists of any of the 
    following when used in the concentration and dosage form established 
    for each ingredient:
        (a) Sodium fluoride--(1) Dentifrices containing 850 to 1,150 ppm 
    theoretical total fluorine in a paste dosage form. Sodium fluoride 
    0.188 to 0.254 percent with an available fluoride ion concentration 
     650 parts per million (ppm).
        (2) Dentifrices containing 850 to 1,150 ppm theoretical total 
    fluorine in a powdered dosage form. Sodium fluoride 0.188 to 0.254 
    percent with an available fluoride ion concentration of  850 
    ppm for products containing the abrasive sodium bicarbonate and a 
    poured-bulk density of 1.0 to 1.2 grams per milliliter.
        (3) Treatment rinses. (i) An aqueous solution of acidulated 
    phosphate fluoride derived from sodium fluoride acidulated with a 
    mixture of sodium phosphate, monobasic, and phosphoric acid to a level 
    of 0.1 molar phosphate ion and a pH of 3.0 to 4.5 and which yields an 
    effective fluoride ion concentration of 0.02 percent.
        (ii) An aqueous solution of acidulated phosphate fluoride derived 
    from sodium fluoride acidulated with a mixture of sodium phosphate, 
    dibasic, and phosphoric acid to a pH of 3.5 and which yields an 
    effective fluoride ion concentration of 0.01 percent.
        (iii) Sodium fluoride 0.02 percent aqueous solution with a pH of 
    approximately 7.
        (iv) Sodium fluoride 0.05 percent aqueous solution with a pH of 
    approximately 7.
        (v) Sodium fluoride concentrate containing adequate directions for 
    mixing with water before using to result in a 0.02-percent or 0.05-
    percent aqueous solution with a pH of approximately 7.
        (b) Sodium monofluorophosphate--(1) Dentifrices containing 850 to 
    1,150 ppm theoretical total fluorine in a paste dosage form. Sodium 
    monofluorophosphate 0.654 to 0.884 percent with an available fluoride 
    ion concentration (consisting of PO3F= and F- combined) 
     800 ppm.
        (2) Dentifrices containing 1,500 ppm theoretical total fluorine in 
    a paste dosage form. Sodium monofluorophosphate 1.153 percent with an 
    available fluoride ion concentration (consisting of PO3F= and 
    F- combined)  1,275 ppm.
        (c) Stannous fluoride--(1) Dentifrices containing 850 to 1,150 ppm 
    theoretical total fluorine in a paste dosage form. (i) Stannous 
    fluoride 0.351 to 0.474 percent with an available fluoride ion 
    concentration  700 ppm for products containing abrasives 
    other than calcium pyrophosphate.
        (ii) Stannous fluoride 0.351 to 0.474 percent with an available 
    fluoride ion concentration  290 ppm for products containing 
    the abrasive calcium pyrophosphate.
        (2) Preventive treatment gel. Stannous fluoride 0.4 percent in an 
    anhydrous glycerin gel, made from anhydrous glycerin and the addition 
    of suitable thickening agents to adjust viscosity.
        (3) Treatment rinse. Stannous fluoride concentrate marketed in a 
    stable form and containing adequate directions for mixing with water 
    immediately before using to result in a 0.1-percent aqueous solution.
    
    
    Sec. 355.20   Packaging conditions.
    
        (a) Package size limitation. Due to the toxicity associated with 
    fluoride active ingredients, the following package size limitations are 
    required for anticaries drug products:
        (1) Dentifrices. Dentifrice (toothpastes and tooth powders) 
    packages shall not contain more than 276 milligrams (mg) total fluorine 
    per package.
        (2) Preventive treatment gels and treatment rinses. Preventive 
    treatment gel and treatment rinse packages shall not contain more than 
    120 mg total fluorine per package.
        (3) Exception. Package size limitations do not apply to anticaries 
    drug products marketed for professional office use only and labeled in 
    accord with Sec. 355.60.
        (b) Tight container packaging. To minimize moisture contamination, 
    all fluoride powdered dentifrices shall be packaged in a tight 
    container as defined as a container that protects the contents from 
    contamination by extraneous liquids, solids, or vapors, from loss of 
    the article, and from efflorescence, deliquescence, or evaporation 
    under the ordinary or customary conditions of handling, shipment, 
    storage, and distribution, and is capable of tight reclosure.
    
    Subpart C--Labeling
    
    
    Sec. 355.50   Labeling of anticaries drug products.
    
        (a) Statement of identity. The labeling of the product contains the 
    established name of the drug, if any, and identifies the product as the 
    following: ``anticavity fluoride'' (select one of the following as 
    appropriate: ``dentifrice,'' ``toothpaste,'' ``tooth polish,'' ``tooth 
    powder;'' (optional: ``dental'') ``preventive treatment gel;'' or 
    (optional: ``treatment'' or ``dental'')) (select one of the following: 
    ``rinse,'' ``concentrated solution,'' ``rinse powder,'' or ``rinse 
    effervescent tablets''). The word ``mouthwash'' may be substituted for 
    the word ``rinse'' in this statement of identity if the product also 
    has a cosmetic use, as defined in section 201(i) of the Federal Food, 
    Drug, and Cosmetic Act (the act) (21 U.S.C. 321(i)).
        (b) Indication. The labeling of the product states, under the 
    heading ``Indication,'' the following: ``Aids in the prevention of 
    dental (select one of the following: ``cavities,'' ``decay,'' ``caries 
    (decay),'' or ``caries (cavities)''). Other truthful and nonmisleading 
    statements, describing only the 
    
    [[Page 52509]]
    indication for use that has been established and listed in this 
    paragraph (b), may also be used, as provided in Sec. 330.1(c)(2) of 
    this chapter, subject to the provisions of section 502 of the Federal 
    Food, Drug, and Cosmetic Act (the act) relating to misbranding and the 
    prohibition in section 301(d) of the act against the introduction or 
    delivery for introduction into interstate commerce of unapproved new 
    drugs in violation of section 505(a) of the act.
        (c) Warning. The labeling of the product contains the following 
    warning under the heading ``Warning'':
        (1) For all fluoride dentifrice (toothpastes and tooth powders) 
    products. ``Keep out of the reach of children under 6 years of age.'' 
    This warning shall be used in place of the first general warning 
    statement required by Sec. 330.1(g) of this chapter.
        (2) For all fluoride rinse and gel products. The first general 
    warning statement in Sec. 330.1(g) of this chapter shall be used.
        (d) Directions. The labeling of the product contains the following 
    statements under the heading ``Directions'':
        (1) For anticaries dentifrice products--(i) Paste dosage form with 
    a theoretical total fluorine concentration of 850 to 1,150 ppm 
    identified in Sec. 355.10(a)(1), (b)(1), and (c)(1). Adults and 
    children 2 years of age and older: Brush teeth thoroughly, preferably 
    after each meal or at least twice a day, or as directed by a dentist or 
    doctor. Instruct children under 6 years of age in good brushing and 
    rinsing habits (to minimize swallowing). Supervise children as 
    necessary until capable of using without supervision. Children under 2 
    years of age: Consult a dentist or doctor.
        (ii) Paste dosage form with a theoretical total fluorine 
    concentration of 1,500 ppm identified in Sec. 355.10(b)(2). Adults and 
    children 6 years of age and older: Brush teeth thoroughly, preferably 
    after each meal or at least twice a day, or as directed by a dentist or 
    doctor. Instruct children under 12 years of age in good brushing and 
    rinsing habits (to minimize swallowing). Supervise children as 
    necessary until capable of using without supervision. Children under 6 
    years of age: Do not use unless directed by a dentist or doctor.
        (iii) Powdered dosage form with a theoretical total fluorine 
    concentration of 850 to 1,150 ppm identified in Sec. 355.10(a)(2). 
    Adults and children 6 years of age and older: Apply powder to a wet 
    toothbrush; completely cover all bristles. Brush for at least 30 
    seconds. Reapply powder as before and brush again. Rinse and spit out 
    thoroughly. Brush teeth, preferably after each meal or at least twice a 
    day, or as directed by a dentist or doctor. Instruct children under 12 
    years of age in good brushing and rinsing habits (to minimize 
    swallowing). Supervise children as necessary until capable of using 
    without supervision. Children under 6 years of age: Do not use unless 
    directed by a dentist or doctor.
        (2) For anticaries treatment rinse products--(i) For acidulated 
    phosphate fluoride solution containing 0.02 percent fluoride ion, 
    sodium fluoride 0.05 percent, sodium fluoride concentrate, and stannous 
    fluoride concentrate identified in Sec. 355.10(a)(3)(i), (a)(3)(iv), 
    (a)(3)(v), and (c)(3). Adults and children 6 years of age and older: 
    Use once a day after brushing your teeth with a toothpaste. Vigorously 
    swish 10 milliliters of rinse between your teeth for 1 minute and then 
    spit out. Do not swallow the rinse. Do not eat or drink for 30 minutes 
    after rinsing. Instruct children under 12 years of age in good rinsing 
    habits (to minimize swallowing). Supervise children as necessary until 
    capable of using without supervision. Children under 6 years of age: 
    Consult a dentist or doctor.
        (ii) For acidulated phosphate fluoride solution containing 0.01 
    percent fluoride ion and sodium fluoride 0.02 percent aqueous solution 
    identified in Sec. 355.10(a)(3)(ii) and (a)(3)(iii). Adults and 
    children 6 years of age and older: Use twice a day after brushing your 
    teeth with a toothpaste. Vigorously swish 10 milliliters of rinse 
    between your teeth for 1 minute and then spit out. Do not swallow the 
    rinse. Do not eat or drink for 30 minutes after rinsing. Instruct 
    children under 12 years of age in good rinsing habits (to minimize 
    swallowing). Supervise children as necessary until capable of using 
    without supervision. Children under 6 years of age: consult a dentist 
    or doctor.
        (3) For stannous fluoride treatment rinse products. (i) ``Use 
    immediately after preparing the rinse.''
        (ii) For powder or effervescent tablets used to prepare treatment 
    rinses. ``Do not use as a rinse until all the'' (select one of the 
    following: ``powder'' or ``tablet'') ``has dissolved.''
        (4) For anticaries preventive treatment gel products. Adults and 
    children 6 years of age and older: Use once a day after brushing your 
    teeth with a toothpaste. Apply the gel to your teeth and brush 
    thoroughly. Allow the gel to remain on your teeth for 1 minute and then 
    spit out. Do not swallow the gel. Do not eat or drink for 30 minutes 
    after brushing. Instruct children under 12 years of age in the use of 
    this product (to minimize swallowing). Supervise children as necessary 
    until capable of using without supervision. Children under 6 years of 
    age: consult a dentist or doctor.
        (5) For all concentrated treatment rinse solutions, powders, and 
    effervescent tablets. The following statement shall appear as the first 
    statement under directions: ``Do not use before mixing with water.''
        (e) Additional labeling statements for anticaries drug products. 
    The following statements need not appear under warnings, but are 
    required to appear on the label of anticaries drugs products as 
    applicable.
        (1) For all preventive treatment gels. ``This is a(n)'' (select one 
    or both of the following: ``anticavity'' or ``fluoride'') ``preventive 
    treatment gel, not a toothpaste. Read directions carefully before 
    using.''
        (2) For all stannous fluoride treatment rinse, preventive treatment 
    gel, and dentifrice products. ``This product may produce surface 
    staining of the teeth. Adequate toothbrushing may prevent these stains 
    which are not harmful or permanent and may be removed by your 
    dentist.''
        (f) Optional additional labeling statements--(1) For fluoride 
    treatment rinses and preventive treatment gels. The following labeling 
    statement may appear in the required boxed area designated ``APPROVED 
    USES'': ``The combined daily use of a fluoride preventive treatment'' 
    (select one of the following: ``rinse'' or ``gel'') ``and a fluoride 
    toothpaste can help reduce the incidence of dental cavities.''
        (2) For dentifrice products containing 1,500 ppm theoretical total 
    fluorine. ``Adults and children over 6 years of age may wish to use 
    this extra-strength fluoride dentifrice if they reside in a 
    nonfluoridated area or if they have a greater tendency to develop 
    cavities.''
    
    
    Sec. 355.55   Principal display panel of all fluoride rinse drug 
    products.
    
        In addition to the statement of identity required in Sec. 355.50, 
    the following statement shall be prominently placed on the principal 
    display panel: ``IMPORTANT: Read directions for proper use.''
    
    
    Sec. 355.60   Professional labeling.
    
        (a) The labeling for anticaries fluoride treatment rinses 
    identified in Sec. 355.10(a)(3) and (c)(3) that are specially 
    formulated so they may be swallowed (fluoride supplements) and are 
    provided to health professionals (but not to the general public) may 
    contain the following additional dosage information: Children 3 to 
    under 14 
    
    [[Page 52510]]
    years of age: As a supplement in areas where the water supply is 
    nonfluoridated (less than 0.3 parts per million (ppm)), clean the teeth 
    with a toothpaste and rinse with 5 milliliters (mL) of 0.02 percent or 
    10 mL of 0.01 percent fluoride ion rinse daily, then swallow. When the 
    water supply contains 0.3 to 0.7 ppm fluoride ion, reduce the dose to 
    2.5 mL of 0.02 percent or 5 mL of 0.01 percent fluoride ion rinse 
    daily.
        (b) The labeling for products marketed to health to health 
    professionals in package sizes larger than those specified in 
    Sec. 355.20 shall include the statements: ``For Professional Office Use 
    Only'' and ``This product is not intended for home or unsupervised 
    consumer use.''
    
    Subpart D--Testing Procedures
    
    
    Sec. 355.70   Testing procedures for fluoride dentifrice drug products.
    
        (a) A fluoride dentifrice drug product shall meet the biological 
    test requirements for animal caries reduction and one of the following 
    tests: Enamel solubility reduction or fluoride enamel uptake. The 
    testing procedures for these biological tests are labeled Biological 
    Testing Procedures for Fluoride Dentifrices; these testing procedures 
    are on file under Docket No. 80N-0042 in the Dockets Management Branch 
    (HFA-305), Food and Drug Administration, rm. 1-23, 12420 Parklawn Dr., 
    Rockville, MD 20857, and are available on request to that office.
        (b) The United States Pharmacopeia fluoride dentifrice reference 
    standards along with reference standard stability profiles (total 
    fluoride, available fluoride ion, pH, and specific gravity) required to 
    be used in the biological tests are available to any purchaser upon 
    written request to the United States Pharmacopeial Convention, Inc., 
    1260 Twinbrook Parkway, Rockville, MD 20852.
        (c) Alternative testing procedures may be used. Any proposed 
    modification or alternative testing procedures shall be submitted as a 
    petition in accord with Sec. 10.30 of this chapter. The petition should 
    contain data to support the modification or data demonstrating that an 
    alternative testing procedure provides results of equivalent accuracy. 
    All information submitted will be subjected to the disclosure rules in 
    part 20 of this chapter.
    
    PART 369--INTERPRETATIVE STATEMENTS RE WARNINGS ON DRUGS AND 
    DEVICES FOR OVER-THE-COUNTER SALE
    
        4. The authority citation for 21 CFR part 369 continues to read as 
    follows:
    
        Authority: Secs. 201, 301, 501, 502, 503, 505, 506, 507, 701 of 
    the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321, 331, 351, 
    352, 353, 355, 356, 357, 371).
    
    
    Sec. 369.21   [Amended]
    
        5. Section 369.21 Drugs; warning and caution statements required by 
    regulations is amended by removing the entries for ``SODIUM FLUORIDE 
    DENTIFRICE POWDER'' and ``SODIUM MONOFLUOROPHOSPHATE DENTIFRICE 
    SOLUTION.''
    
        Dated: September 18, 1995.
    William K. Hubbard,
    Acting Deputy Commissioner for Policy.
    [FR Doc. 95-24693 Filed 10-5-95; 8:45 am]
    BILLING CODE 4160-01-F
    
    

Document Information

Effective Date:
10/7/1996
Published:
10/06/1995
Department:
Food and Drug Administration
Entry Type:
Rule
Action:
Final rule.
Document Number:
95-24693
Dates:
October 7, 1996.
Pages:
52474-52510 (37 pages)
Docket Numbers:
Docket No. 80N-0042
RINs:
0910-AA01: Over-the-Counter (OTC) Drug Review
RIN Links:
https://www.federalregister.gov/regulations/0910-AA01/over-the-counter-otc-drug-review
PDF File:
95-24693.pdf
CFR: (17)
21 CFR 355.10(a)(3)
21 CFR 330.10(a)(4)(iv)
21 CFR 310.201
21 CFR 310.545
21 CFR 355.70
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