96-3323. Over-the-Counter Drug Products Containing Phenylpropanolamine; Required Labeling  

  • [Federal Register Volume 61, Number 31 (Wednesday, February 14, 1996)]
    [Proposed Rules]
    [Pages 5912-5916]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 96-3323]
    
    
    
    
    [[Page 5911]]
    
    _______________________________________________________________________
    
    Part VIII
    
    
    
    
    
    Department of Health and Human Services
    
    
    
    
    
    _______________________________________________________________________
    
    
    
    Food and Drug Administration
    
    
    
    _______________________________________________________________________
    
    
    
    21 CFR Parts 201 and 369
    
    
    
    Over-the-Counter Drug Products Containing Phenylpropanolamine; Required 
    Labeling; Proposed Rule
    
    Federal Register / Vol. 61, No. 31 / Wednesday, February 14, 1996 / 
    Proposed Rules 
    
    [[Page 5912]]
    
    
    DEPARTMENT OF HEALTH AND HUMAN SERVICES
    
    Food and Drug Administration
    
    21 CFR Parts 201 and 369
    
    [Docket No. 95N-0060]
    
    
    Over-the-Counter Drug Products Containing Phenylpropanolamine; 
    Required Labeling
    
    AGENCY: Food and Drug Administration, HHS.
    
    ACTION: Proposed rule.
    
    -----------------------------------------------------------------------
    
    SUMMARY: The Food and Drug Administration (FDA) is proposing new 
    warning labeling for all over-the-counter (OTC) drug products 
    containing phenylpropanolamine preparations (phenylpropanolamine 
    bitartrate, phenylpropanolamine hydrochloride, and phenylpropanolamine 
    maleate). Phenylpropanolamine is a sympathomimetic drug that is used in 
    OTC weight control, cough-cold, nasal decongestant, and allergy drug 
    products. The warnings will advise consumers not to take more than the 
    recommended dose of phenylpropanolamine, not to take 
    phenylpropanolamine with certain prescription drugs, and not to take 
    phenylpropanolamine under certain conditions. The warnings will also 
    advise consumers that they should not take a phenylpropanolamine drug 
    product with any other drug product containing the ingredients 
    phenylpropanolamine, phenylephrine, pseudoephedrine, or ephedrine, 
    which are sympathomimetic drugs commonly found in allergy, asthma, 
    cough-cold, nasal decongestant, and weight control drug products. These 
    drugs could be harmful if taken together.
    
    DATES: Submit comments on the proposed regulation by May 14, 1996. 
    Written comments on the agency's economic impact determination by May 
    14, 1996. FDA is proposing that any final rule based on this proposal 
    be effective 6 months after the date of its publication in the Federal 
    Register.
    
    ADDRESSES: Written comments to the Dockets Management Branch (HFA-305), 
    Food and Drug Administration, rm. 1-23, 12420 Parklawn Dr., Rockville, 
    MD 20857.
    
    FOR FURTHER INFORMATION CONTACT: William E. Gilbertson, Center for Drug 
    Evaluation and Research (HFD-105), Food and Drug Administration, 5600 
    Fishers Lane, Rockville, MD 20857, 301-827-2304.
    
    SUPPLEMENTARY INFORMATION:
    
    I. Background
    
        In the Federal Register of September 9, 1976 (41 FR 38312), the 
    Advisory Review Panel on OTC Cold, Cough, Allergy, Bronchodilator, and 
    Antiasthmatic Drug Products (Cough-Cold Panel) recommended that 
    phenylpropanolamine be classified in Category I (generally recognized 
    as safe and effective, and not misbranded) for nasal decongestant use 
    at adult oral dosages equivalent to the following phenylpropanolamine 
    hydrochloride dosages: 25 milligrams (mg) every 4 hours (h) or 50 mg 
    every 8 h, not to exceed 150 mg in 24 h (41 FR 38312 at 38420). The 
    agency has allowed these dosages for phenylpropanolamine hydrochloride 
    for OTC cough-cold use and is including these dosages in this proposal. 
    The Federal Register of February 26, 1982 (47 FR 8466), the Advisory 
    Review Panel on OTC Miscellaneous Internal Drug Products (Miscellaneous 
    Internal Panel) recommended that phenylpropanolamine hydrochloride be 
    classified as Category I for weight control use in adult oral dosages 
    of 25 to 50 mg, not to exceed 150 mg daily. As discussed below, the 
    agency has limited OTC phenylpropanolamine hydrochloride dosages for 
    weight control to 75 mg daily and, based on its indication for use, is 
    including that dosage in this proposal.
        After the Miscellaneous Internal Panel completed its report, the 
    agency became award of studies indicating that certain dosages of 
    phenylpropanolamine cause blood pressure elevation. These studies were 
    discussed in the preamble to the advance notice of proposed rulemaking 
    for OTC weight control drug products (47 FR 8466 through 8468). At that 
    time, the agency specifically requested comments and information on the 
    extent to which phenylpropanolamine induces or aggravates hypertension. 
    The agency also stated that it would not allow any increase in OTC 
    weight control dosages above those currently permitted: An immediate-
    release dose of up to 37.5 mg and a time-release dose of up to 75 mg 
    phenylpropanolamine, with the total daily dose not to exceed 75 mg in 
    either case.
        Many comments were submitted in response to the agency's request 
    for information concerning the safety of phenylpropanolamine. Some 
    comments requested that phenylpropanolamine be removed from the OTC 
    drug market because of its association with increased blood pressure 
    and other adverse effects. Other comments contended that 
    phenylpropanolamine is safe for OTC use.
        After preliminary evaluation of the information submitted by these 
    comments, FDA determined that phenylpropanolamine produces hemodynamic 
    effects (raises blood pressure), but that the data were inadequate to 
    respond to the agency's safety concerns. Subsequently, in meetings with 
    industry on December 2, 1983, and April 11, 1984, the agency discussed 
    its requirements for adequate studies to address this concern about 
    phenylpropanolamine (Refs. 1 and 2). The agency concluded that data 
    were required to: (1) Determine if phenylpropanolamine plays any role 
    in adverse events such as stroke or seizure and other serious adverse 
    reactions that have been reported in association with this drug, and 
    (2) provide information on other possible risk factors (e.g., age, 
    hypertension, concomitant drug use, or disease conditions) associated 
    with phenylpropanolamine use.
        In response to the agency's request for data and information, drug 
    manufacturers submitted new dose-response studies designed to 
    investigate the blood pressure effects of phenylpropanolamine. After 
    reviewing all available information, FDA remains concerned about the 
    possibility that phenylpropanolamine used in OTC drug products might 
    increase the risk of hemorrhagic stroke (Ref. 3). The possible risk of 
    stroke is suggested by a relatively small number of spontaneous reports 
    (published and unpublished) of intracranial bleeding, typically in 
    young, female users of phenylpropanolamine weight control drug 
    products, and by the known ability of phenylpropanolamine to 
    transiently increase blood pressure (Ref. 4). A possible mechanism of 
    these reported events, if indeed they are caused by 
    phenylpropanolamine, is an exaggerated hypertensive response, although 
    in most cases no large elevation in blood pressure was detected in 
    association with the hemorrhage. Based on the available data, the 
    agency cannot rule out the possibility that phenylpropanolamine may 
    increase the risk of stroke. This possible risk could be further 
    increased if the recommended dose of phenylpropanolamine was 
    inadvertently exceeded, e.g., taken from two products labeled for 
    different uses.
        Because of these concerns, in 1994 the OTC drug industry initiated 
    a large-scale, population-based epidemiologic study of the relationship 
    between OTC phenylpropanolamine drug products and the incidence of 
    hemorrhagic stroke (Ref. 5). However, the study is not expected to be 
    completed until 1998. 
    
    [[Page 5913]]
    The agency believes this study will provide a sufficiently large data 
    base to help determine whether the incidence of stroke associated with 
    ingestion of phenylpropanolamine is greater than the spontaneous rate 
    of stroke, i.e., the rate that would be expected to occur in a similar 
    population not using the drug. The agency does not believe, however, 
    based on information currently available, that phenylpropanolamine used 
    in OTC weight control drug products represents a substantial public 
    health risk. The agency, therefore, does not believe that it is 
    necessary to remove phenylpropanolamine weight control drug products 
    from the OTC market while additional data are being obtained.
        While this study is being conducted, the OTC drug industry has 
    proposed additional labeling for OTC phenylpropanolamine weight control 
    drug products to help ensure that their use is confined to adults and 
    that the recommended dose is not exceeded (Ref. 6). Industry's proposal 
    includes a new warning that states: ``If nervousness, dizziness, 
    sleeplessness, palpitations, or headache occur, stop using this 
    medication and consult your physician.'' The proposal also includes a 
    new, separate drug interaction precaution that states:
        DRUG INTERACTION PRECAUTION: If you are taking a cough-cold or 
    allergy medication containing any form of phenylpropanolamine, or 
    any type of nasal decongestant, do not take this product. Do not 
    take this product if you are taking any prescription drug, except 
    under the advice and supervision of a physician. Do not use this 
    product if you are presently taking a prescription monoamine oxidase 
    inhibitor (MAOI) for depression or for two weeks after stopping use 
    of an MAOI without first consulting a physician.
    
        In addition, the OTC drug industry's proposal includes a warning 
    that states ``Persons between 12 and 18 are advised to consult their 
    physician before using this product.'' The agency believes that people 
    under 18 years of age should not use an OTC weight control drug product 
    unless specifically directed by a doctor and is modifying that 
    statement in Sec. 201.321(c)(1) of this proposal.
        In considering these proposals, the agency notes that the 
    Miscellaneous Internal Panel stated that ingestion of 
    phenylpropanolamine can be expected to cause vasoconstriction, 
    bronchodilation, and tachycardia, because of its alpha and beta 
    adrenergic effects. Large doses would be expected to cause anxiety, 
    excitement, insomnia, headache, cardiac arrhythmias, convulsions, and 
    circulatory collapse (47 FR 8466 at 8474). The Miscellaneous Internal 
    Panel was concerned that a person might ingest a dose of 
    phenylpropanolamine to reduce nasal congestion and another dose from a 
    different product for weight control, and that the combined doses might 
    have adverse effects. Accordingly, the Miscellaneous Internal Panel 
    recommended a warning statement concerning this possibility on all drug 
    products containing phenylpropanolamine, and included the following 
    language in its monograph for OTC weight control drug products (47 FR 
    8475): ``If you are taking a cough-cold or allergy medication 
    containing any form of phenylpropanolamine, do not take this product.''
        Many manufacturers of OTC phenylpropanolamine weight control drug 
    products have voluntarily included this warning in product labeling 
    following publication of the Miscellaneous Internal Panel's report. 
    However, the rulemakings for OTC phenylpropanolamine nasal decongestant 
    and weight control drug products will not be completed until after the 
    phenylpropanolamine epidemiologic study is completed and the data 
    assessed. The agency believes that implementation of these warnings 
    should not await the completion of these monograph proceedings, but 
    that a warning should be required on all OTC phenylpropanolamine drug 
    products at this time.
        Similarly, because phenylpropanolamine is a sympathomimetic drug 
    (affects the central nervous system, cardiovascular system, and basal 
    metabolic rate), the agency believes that phenylpropanolamine should 
    not be used simultaneously with other sympathomimetic drugs, e.g., 
    pseudoephedrine, ephedrine, or phenylephrine, that would have similar 
    effects on the body. The agency believes that labeling OTC 
    phenylpropanolamine drug products should advise consumers to avoid use 
    while they are using any other sympathomimetic drugs.
        FDA concurs with the industry's labeling proposals but has 
    broadened the labeling to include other sympathomimetic drug 
    ingredients and the kinds of products in which they are used. FDA has 
    sufficient concern that adverse reactions could occur from taking 
    phenylpropanolamine in different drug products or from combining 
    sympathomimetic drugs; thus, this information should be included in the 
    ``Warnings'' statement.
        In the final rule for OTC nasal decongestant drug products, 
    published in the Federal Register of August 23, 1994 (59 FR 43386), the 
    agency included a drug interaction precaution statement regarding the 
    use of sympathomimetic drugs in combination with MAOI drugs. That 
    statement (in Sec. 341.80(c)(1)(i)(D)) (21 CFR 341.80(c)(1)(i)(D) 
    includes certain conditions (i.e., depression, psychiatric or emotional 
    conditions, Parkinson's disease) for which MAOI drugs are used. A 
    similar statement (but not listing Parkinson's disease) appears in 
    Sec. 341.80(c)(1)(ii)(D) for products labeled for children under 12 
    years of age. Products labeled for both adults and children under 12 
    years of age use the statement in paragraph (c)(1)(i)(D). In addition, 
    the statement instructs consumers to consult a health professional if 
    they are uncertain that they are using an MAOI drug. The agency is 
    proposing a shortened version of this precaution statement in the 
    labeling approach used in this current proposal. The agency is asking 
    for comments on how to further shorten or improve this precaution 
    statement. If a shortened version is eventually incorporated in a final 
    rule, the agency will revise Sec. 341.80 accordingly at that time.
    
    II. References
    
        The following information has been placed on display in the Dockets 
    Management Branch (address above) and may be seen by interested persons 
    between 9 a.m. and 4 p.m., Monday through Friday.
    
        (1) Memorandum of meeting between Industry and FDA Personnel, 
    December 2, 1983, coded MM0002, Docket No. 81N-0022, Dockets 
    Management Branch.
        (2) Memorandum of meeting between Industry and FDA Personnel, 
    April 11, 1984, coded MM0003, Docket No. 81N-0022, Dockets 
    Management Branch.
        (3) Comment No. LET86, Docket No. 81N-0022, Dockets Management 
    Branch.
        (4) Blackburn, G.L. et al., ``Determinants of the Pressor Effect 
    of Phenylpropanolamine in Healthy Subjects,'' Journal of the 
    American Medical Association, 261:3267-3271, 1989, in Comment No. 
    C94, Vol. 6, Docket No. 81N-0022, Dockets Management Branch.
        (5) Comment No. MM11, Docket No. 81N-0022, Dockets Management 
    Branch.
        (6) Comment No. C107, Docket No. 81N-0022, Dockets Management 
    Branch.
    
    III. The Agency Proposal
    
        The agency is proposing to amend part 201 (21 CFR part 201) by 
    adding new Sec. 201.321 entitled: ``Over-the-counter drugs containing 
    phenylpropanolamine as an active ingredient; required warnings.'' This 
    section would require new warnings for all OTC drug products containing 
    phenylpropanolamine. The agency has made an effort to shorten and 
    simplify the labeling by combining the warnings and drug interaction 
    precautions under 
    
    [[Page 5914]]
    four new headings in the ``Warnings'' section. Manufacturers can use 
    bullets or other identifying marks to emphasize the warnings. The 
    format of the ``Warnings'' section of the product's labeling might look 
    something like the following:
    
        DO NOT TAKE MORE THAN (these words in bold print and capital 
    letters) 75 milligrams per day (24 hours). Taking more can be 
    harmful. DO NOT TAKE IF (these words in bold print and capital 
    letters) you have
    
     Heart or thyroid disease
     High blood pressure
     An enlarged prostrate gland
    Unless directed by a doctor.
    
        STOP USING IF (these words in bold print and capital letters) 
    you develop
    
     Nervousness
     Dizziness
         Sleeplessness
         Headache
         Palpitations.
        If symptoms continue, ask a doctor. DO NOT USE WITH (these words 
    in bold print and capital letters)
         A monoamine oxidase inhibitor (MAOI) (certain drugs for 
    depression, psychiatric or emotional conditions, or Parkinson's 
    disease), or for 2 weeks after stopping the MAOI drug. If unsure, 
    ask a health professional.
         Any allergy, asthma, cough-cold, nasal decongestant, or 
    weight control product (containing phenylpropanolamine, 
    phenylephrine, pseudoephedrine, or ephedrine), or any prescription 
    drug, unless directed by a doctor.
    
        The agency is proposing this format as an example of how this 
    warning information might be presented in a clearer and more readable 
    way. The agency is currently considering a new standardized format for 
    the labeling of all OTC drug products. (See the Federal Register of 
    August 16, 1995, 60 FR 42578). Thus, the format proposed in this 
    document may change in the future as a format is developed to label all 
    classes of OTC drug products. At this time, the agency is primarily 
    seeking specific comment on the wording of the proposed warnings for 
    phenylpropanolamine. Comments on the labeling format will also be 
    considered. As discussed below, the agency is encouraging manufacturers 
    to implement this proposed labeling for their phenylpropanolamine drug 
    products as soon as possible. The agency's proposed labeling format or 
    any similar format would be acceptable to use at this time.
        The agency is aware that the labeling proposed by the OTC drug 
    industry is currently being used by some manufacturers of OTC 
    phenylpropanolamine weight control drug products. FDA encourages 
    manufacturers of all OTC drug products containing phenylpropanolamine 
    to implement the agency's proposed labeling statements voluntarily as 
    soon as possible, subject to the possibility that FDA may change the 
    wording of the statements, or not require the statements, as a result 
    of comments filed in response to this proposal. Because FDA is 
    encouraging that the proposed labeling statements be used on a 
    voluntary basis at this time, the agency advises that manufacturers 
    will be given ample time after publication of a final rule based on 
    this proposal to use up any labeling implemented in conformance with 
    this proposal. The agency considers these warnings to be important to 
    the safe use of OTC drug products containing phenylpropanolamine. 
    Therefore, the agency proposes that this new labeling become effective 
    6 months after the date of publication of the final rule in the Federal 
    Register. The agency proposes to revoke the existing warning statements 
    in Sec. 369.20 (21 CFR 369.20) for ``NASAL PREPARATIONS: 
    VASOCONSTRICTORS,'' and ``PHENYLPROPANOLAMINE HYDROCHLORIDE 
    PREPARATIONS, ORAL'' at the time that any final rule based on this 
    proposal becomes effective.
    
    IV. Analysis of Impacts
    
        FDA has examined the impacts of the proposed 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 proposed rule is consistent with the regulatory philosophy and 
    principles identified in the Executive Order. In addition, the proposed 
    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. This proposed rule will require some relabeling for 
    products containing phenylpropanolamine. This relabeling will impose 
    direct one-time costs that are expected to be minimal. Accordingly, the 
    agency certifies that the proposed 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 invites public comment regarding any substantial or 
    significant economic impact that this rulemaking would have on 
    manufacturers of drug products containing phenylpropanolamine. Comments 
    regarding the impact of this rulemaking on OTC phenylpropanolamine drug 
    products should be accompanied by appropriate documentation. A period 
    of 90 days from the date of publication of this proposed rulemaking in 
    the Federal Register will be provided for comments on this subject to 
    be developed and submitted. The agency will evaluate any comments and 
    supporting data that are received and will reassess the economic impact 
    of this rulemaking in the preamble to the final rule.
    
    Paperwork Reduction Act of 1995
    
        FDA tentatively concludes that the labeling requirements proposed 
    in this document are not subject to review by the Office of Management 
    and Budget because they do not constitute a ``collection of 
    information'' under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 
    et seq.). Rather, the proposed warning statements are a ``public 
    disclosure of information originally supplied by the Federal government 
    to the recipient for the purpose of disclosure to the public'' (5 CFR 
    1320.3(c)(2)).
    
    VI. Environmental Impact
    
        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 not an environmental impact statement is 
    required.
    
    VII. Request for Comments
    
        Interested persons may, on or before May 14, 1996, submit written 
    comments on the proposed regulation to the Dockets Management Branch 
    (address above). Written comments on the agency's economic impact 
    determination may be submitted on or before May 14, 1996. Three copies 
    of all comments are to be submitted, except that individuals may submit 
    one copy. Comments are to be identified with the docket number found in 
    brackets in the heading of this document and may be accompanied by a 
    supporting memorandum or brief. Received comments may be seen in the 
    office above between 9 a.m. and 4 p.m., Monday through Friday. 
    
    [[Page 5915]]
    
    
    List of Subjects
    
    21 CFR Part 201
    
        Drugs, Labeling, Reporting and recordkeeping requirements.
    
    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, it is 
    proposed that 21 CFR parts 201 and 369 be amended as follows:
    
    PART 201--LABELING
    
        1. The authority citation for 21 CFR Part 201 continues to read as 
    follows:
    
        Authority: Secs. 201, 301, 501, 502, 503, 505, 506, 507, 508, 
    510, 512, 530-542, 701, 704, 721 of the Federal Food, Drug, and 
    Cosmetic Act (21 U.S.C. 321, 331, 351, 352, 353, 355, 356, 357, 358, 
    360, 360b, 360gg-360ss, 371, 374, 379e); secs. 215, 301, 351, 361 of 
    the Public Health Service Act (42 U.S.C. 216, 241, 262, 264).
    
        2. New Sec. 201.321 is added to subpart G to read as follows:
    
    
    Sec. 201.321  Over-the-counter drugs containing phenylpropanolamine as 
    an active ingredient; required labeling.
    
        (a) Phenylpropanolamine is a sympathomimetic drug used in both 
    over-the-counter (OTC) weight control and nasal decongestant (cough-
    cold) drug products. The Food and Drug Administration is concerned that 
    adverse reactions could occur if a consumer inadvertently ingests 
    excessive amounts of phenylpropanolamine by taking a weight control and 
    a cough-cold drug product containing phenylpropanolamine concurrently, 
    or by taking products containing phenylpropanolamine and another 
    sympathomimetic drug (nasal decongestant or bronchodilator) 
    concurrently. In addition, because phenylpropanolamine is a 
    sympathomimetic ingredient that interacts with monoamine oxidase 
    inhibitor drugs and can cause serious adverse effects, the two types of 
    drugs should not be taken concurrently. Further, phenylpropanolamine 
    should not be used by persons with high blood pressure, heart or 
    thyroid disease, or diabetes.
        (b) Any allergy, cough-cold, or nasal decongestant drug product 
    containing phenylpropanolamine bitartrate, phenylpropanolamine 
    hydrochloride, or phenylpropanolamine maleate as an active ingredient 
    in an oral dosage form for OTC use as described in paragraph (a) of 
    this section is misbranded within the meaning of section 502 of the 
    Federal Food, Drug, and Cosmetic Act (the act) unless its labeling 
    bears the following statements under the heading ``WARNINGS:''
        (1) For oral nasal decongestants labeled for adults only or for 
    both adults and children under 12 years of age.
        (i) ``DO NOT TAKE MORE THAN'' (these five words in bold print and 
    capital letters) (insert maximum 150 mg daily adult dose in a 24-hour 
    period or maximum children's doses broken down by age groups, expressed 
    in units such as capsules or teaspoonfuls) ``per day (24 hours). Taking 
    more can be harmful.''
        (ii) ``DO NOT TAKE IF'' (these four words in bold print and capital 
    letters) ``you have heart or thyroid disease, high blood pressure, or 
    an enlarged prostate gland, unless directed by a doctor.'' (Information 
    may be indented and/or preceded by a bullet or other identifying mark.)
        (iii) ``STOP USING IF'' (these three words in bold print and 
    capital letters) ``you develop nervousness, dizziness, sleeplessness, 
    headache, or palpitations. If symptoms continue, ask a doctor.'' 
    (Information may be indented and/or preceded by a bullet or other 
    identifying mark.)
        (iv) ``DO NOT USE WITH'' (these four words in bold print and 
    capital letters) (a) ``a monoamine oxidase inhibitor (MAOI) (certain 
    drugs for depression, psychiatric or emotional conditions, or 
    Parkinson's disease), or for 2 weeks after stopping the MAOI drug. If 
    unsure, ask a health professional.'' (b) ``any allergy, asthma, cough-
    cold, nasal decongestant, or weight control product (containing 
    phenylpropanolamine, phenylephrine, pseudoephedrine, or ephedrine), or 
    any prescription drug, unless directed by a doctor.'' (Statements (a) 
    and (b) under this heading may be indented and/or preceded by a bullet 
    or other identifying mark.)
        (2) For oral nasal decongestants labeled only for children under 12 
    years of age. The same labeling of the product contains the same 
    warnings identified in paragraph (b)(i) of this section except that the 
    words ``or Parkinson's disease'' under ``DO NOT USE WITH'' may be 
    deleted.
        (c) Any weight control drug product containing phenylpropanolamine 
    bitartrate, phenylpropanolamine hydrochloride, or phenylpropanolamine 
    maleate as an active ingredient in an oral dosage form for OTC use as 
    described in paragraph (a) of this section is misbranded within the 
    meaning of section 502 of the act unless its labeling bears the 
    following statements under the heading ``WARNINGS:''
        (1) ``For use by people 18 years of age and older.''
        (2) ``DO NOT TAKE MORE THAN'' (these five words in bold print and 
    capital letters) (insert maximum 75 mg daily dose in a 24-hour period, 
    expressed in units such as capsules or tablets) ``per day (24 hours). 
    Taking more WILL NOT (these two words in bold print and capital 
    letters) increase weight loss and can be harmful.''
        (3) ``DO NOT TAKE IF'' (these four words in bold print and capital 
    letters) ``you have heart or thyroid disease, high blood pressure, or 
    an enlarged prostate gland, unless directed by a doctor.'' (Information 
    may be indented and/or preceded by a bullet or other identifying mark.)
        (4) ``STOP USING IF'' (these three words in bold print and capital 
    letters) ``you develop nervousness, dizziness, sleeplessness, headache, 
    or palpitations. If symptoms continue, ask a doctor.'' (Information may 
    be indented and/or preceded by a bullet or other identifying mark.)
        (5) ``DO NOT USE WITH'' (these four words in bold print and capital 
    letters) (a) ``a monoamine oxidase inhibitor (MAOI) (certain drugs for 
    depression, psychiatric or emotional conditions, or Parkinson's 
    disease), or for 2 weeks after stopping the MAOI drug. If unsure, ask a 
    health professional.'' (b) ``any allergy, asthma, cough-cold, nasal 
    decongestant, or weight control product (containing 
    phenylpropanolamine, phenylephrine, pseudoephedrine, or ephedrine), or 
    any prescription drug, unless directed by a doctor.'' (Statements (a) 
    and (b) under this heading may be indented and/or preceded by a bullet 
    or other identifying mark.)
        (d) After (date 6 months after date of publication of the final 
    rule in the Federal Register), any such OTC drug product initially 
    introduced or initially delivered for introduction into interstate 
    commerce, or any such drug product that is repackaged or relabeled 
    after this date regardless of the date the product was manufactured, 
    initially introduced, or initially delivered for introduction into 
    interstate commerce, that is not in compliance with this section is 
    subject to regulatory action.
    
    PART 369--INTERPRETATIVE STATEMENTS RE WARNINGS ON DRUGS AND 
    DEVICES FOR OVER-THE-COUNTER SALE
    
        3. 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, 
    
    [[Page 5916]]
    and Cosmetic Act (21 U.S.C. 321, 331, 351, 352, 353, 355, 356, 357, 
    371).
    
    
    Sec. 369.20  [Amended]
    
        4. Section 369.20 Drugs; recommended warning and caution statements 
    is amended by removing the entries for ``NASAL PREPARATIONS: 
    VASOCONSTRICTORS,'' and ``PHENYLPROPANOLAMINE HYDROCHLORIDE 
    PREPARATIONS, ORAL.''
    
        Dated: February 6, 1996.
    William K. Hubbard,
    Associate Commissioner for Policy Coordination.
    [FR Doc. 96-3323 Filed 2-13-96; 8:45 am]
    BILLING CODE 4160-01-P
    
    

Document Information

Published:
02/14/1996
Department:
Food and Drug Administration
Entry Type:
Proposed Rule
Action:
Proposed rule.
Document Number:
96-3323
Dates:
Submit comments on the proposed regulation by May 14, 1996. Written comments on the agency's economic impact determination by May 14, 1996. FDA is proposing that any final rule based on this proposal be effective 6 months after the date of its publication in the Federal Register.
Pages:
5912-5916 (5 pages)
Docket Numbers:
Docket No. 95N-0060
PDF File:
96-3323.pdf
CFR: (2)
21 CFR 201.321
21 CFR 369.20