(8) Poison ity, poison oak, or poison
sumac dermatitiz An allergic wane
dlormatiis (usualy an intensely lenieg
skin rash) due to exposure to ante of
the genus Rus (poison Ivy: poison ook,
Polson sumac), which contata uusivola
potent skinseneitzing soeat,
3, Section 347,10 is amended by
adding new paragrapha (0) () (0,
(gi aide hema
adding new paragraphs (1) and (1) to
read av follows:
$347.10 kin protectant active
Ingredients.
(0)-{5) (Reserved
(1) Colloidal oatmeat.
(0) Sodium bicarbonate, 1 to 100
pervent.
4. Soction 347.50 is amended by
adding an introductory text paregeaph,
by revising paragraph (a), by adding
now paragraph (b)(4), by revising
Paragraphs (c)(1), (c}(2), and (e}3}, by
‘adding new paragraph {c}(9), and by
‘eviing paragraph (@) to read ao
$347.50 Labeling of ekin protectant drug
products,
Pave more than one labled use. When
ict eg,
(2) "Skin protectant."
(@) For products containing ony
Angrodient in § 47.10 (8), (c) a), (), (),
(mi. “Poison ivy, oak, sumac drying’
(insert dosage form, eg. “cream,”
lotion,” or “ointment™
(8) For products containing any
‘ingredient in § 947.10 1), () (a) (4), (0,
(2). (9, or (uj. "Poison vy oak, sumac
treatment.”
won
(4) For products containing aay
ingredient in § 347.10 (1) and (4)
“Provides temporary skin protection and
relioves minor iritation and itching due
to poison ivy, poison oak, poison sumag
‘and inseet bites."
(9) “Avoid contact withthe eyes."
(2) “Ifcondition worsens or dows not
{improve within? days, consulta
doctor”
(9) For products containieg any
ingredient in § 94710 a). (D5 (01 (9), (o),
(ah. (0.0) 09.08). tm) and
“Por extersal use only>
(9) For products containing colloidal
oatmeal identified in $947.10) when
labeled forse os a soak ino tub, Take
special care o avoid slipping when
gelling into and out of the tab
{4) Directions. The labeling ofthe
Product contains the followin
formation ender the head
Directions”: ae
(0) For products containing an
fngredient in §947 20 (ah. (8 (0 (2,
(fyi). (8 0,0) (8). DoF (nh. Apply
liberally as often as necessary,
(2) For products containing cooidat
2atmneal identified in $947 100) Adults
tnd children 2 years of ago and oven
For use as.a soak ina tah: Turn wb
wast water faveet onto fll ores then
slowly sprinkle 1 cupful of colloidal
oatmeal directly under th fave nto
the tab Before entering the tu assay
colloidal oatmeal that may have seed
to the bottom ofthe tub. Soak the
alfected ares for 35 to 20 minutes as
needed. Do not rub aren dry, but instead
Dat dry o that a thn ayer ofthe
colloidal oatmea! wil be eft on the skin,
Soak once or twice daly, or as directed
by your doctor. Children under 2 youre,
of age: Consult a doctor
{9) For products containing sodium
bicarbonate identified in $395 tofu)
Adults and children 2 yours of ape ond
over Topical dosage ig 1 to 100 poseost
sodium bicarbonate.
(@ Forse as paste, Add sufficient
water tothe sodiam bicarbonate ta form
4 paste and apply to tho affected sree of
the skin as needed. Children undor 2
years of age: Consilta doctor
(i) Far so as a 00k in a tub
Dissolve to 2 cupfls ofthis product in
atub of warm water and soak for a0 te
40 minutos us needed. Do not rob doy.
but instead pat dry eo that atin lance
ofthe sodium bicarbonate will be let on
the skin. Children under 2 years ef ago
Consult 2 doctor
il, For use a8 a wet dressing. Ada
soditin bicarbonate to water to make a
solution. Use w container in which pou
Gan saturate w cloth, Saturate s closes
Soft white cloth each asa diaper on
torn sheet) inthe solution, gently
squeeze, and apply loosely to iy
alfected area. Saturate the cots in the
solution every 15 to 30 minutes and
apply to the affected area. Repeat as
often as necessary, Discard remaining
solution after use,
Dated: August 25, 1080,
Frank E. Young,
Commissioner of Food and Drugs
{FR Doo. 09-292n2 Filed 10-2-09; 848 am}
ee
21CFR Part 340
(Docket No. 78N-201P}
FIN 0905-AAOS.
External Analgesic Drug Products for
‘Over-the-Counter Human Use;
Proposed Rulemaking for Polson Ivy,
Poison Oak, Poison Sumac, and Insect
Bites Drug Products
‘AGENCY: Food and Drug Administration,
tice of proposed rulemaking
‘SumuanY: The Food and Drug
‘Administration (FDA) is issuing a notice
of proposed rulemaking amending the
tentative final monograph {proposed
rule) for over-the-counter (OTC)
external analgesic drug products. The
Proposed rulemaking would establish
Conditions under which OTC extersal
analgesic drug products for the
treatment of the symptoms of poison ivy,
poison oak, poison sumacy and insect
bites are generally recognized as safe
and effective and not misbranded. FDA,
{s issuing this notice of proposed
rulemaking after considering the
statements on OTC drug products for
poison ivy, poison oak, and polson
‘sumac, and for use as insect bite
novtralizers of the Advisory Review
Panel on OTC Miscellaneous External
Drug Products, public comments on on
advance notice of proposed rulemaking
that was based on those statements, and
public comments on the notice of
FR 5852) The agency's propos,
conceming the use of ther OT drug
Droducts fer the treatment andjor
prevention of poison Ivy, pelson oak
fnd poison sumac and for the treatment
and/or neutralisation of inset bites are
being published elsewhere io this tue,
of the Fdoral Rogstor. Tee propocale
fre part ofthe ongolng review of OT
og products conducted by FDA
DATES: Whitton comment, cbjections, or
fess for fl eat one
roposed rulemaking betorethe
Commissioner of Foe and Drop byOctober 3, 1989 / Proposed Rules
40819
January 31, 1990. The agency is allowing
a period of 120 days for comments and
Objections instead of the normal 00 days
forthe following reasons: (1) The
concurrent publication of two
rulemakings regarding OTC drug
products for poison ivy, poison oak,
poison sumac, and insect bites and (2)
this document contains the first
published evaluation of several
submissions of data on OTC drug
products for the treatment of symptoms
bf these conditions that were made to,
but not reviewed by, the Advisory
Review Panel on OTC Miscellaneous
External Drug Products (Miscellaneous
External Panel). New data by October 3,
+1680, Comments on the new data by
December 3, 2990, Written comments on
the agency's economic impact
determination by January 31, 1990.
‘AvonEss: Written comments, objections,
new data, of requests for oral hearing to
the Dockets Management Branch (HFA~
305), Food and Drug Administration, Rr.
4-62, 5600 Fishers Lane, Rockville, MD
20087.
FOR FURTHER INFORMATION CONTACT:
William E, Gilbertson, Center for Drug
Evaluation and Rosearch (HFD-210),
Food and Drug Administration, 5600
Fishers Lane, Rockville, MD 20857, 301—
295-8000,
SUPPLEMENTARY INFORMATION: Inthe
Federal Register of September 7, 1962,
EDA published, under § 890.10(2)(6) (21,
CER 830.10(a)(6)). advance notices of
proposed rulemalking and reopened the
Ruministrative reeards for OTC extemal
‘analgesic drug products (47 FR 30412},
fend skin protectant drug products (47 FR
30496), The notices were published to
allow for consideration of statements on
OTC drug products forthe prevention of
poison ivy, poison oak, poison sumac,
tnd for use as insect bite neutralizers.
‘Tho statements were prepared by the
Miscellaneous External Panel, which
‘was the advisory review panel
responsible for evaluating data on the
‘active ingredients used for these
‘conditions, Interested persons were
Invited to submit comments by
December 6, 1982. Reply comments in
response fo comments filed in the initial
‘comment period could be submitted by
January 5, 1983,
in the Fedoral Register of December
28, 1962 (47 FR 57738), in response to &
request for an extension of ime, the
Comment period and reply comment
period for OTC external analgesic drug
products were extended to February 4,
‘Yoga, and to March 7, 1983, respectively.
Tn accordance with § 390.10(8}(10), the
data and information considered by the
Panel were put on public display in the
Dockets Management Branch (address
above), after deletion of a small amount
of trade secret information.
(One trade association and five drug
‘manufacturers submitted comments
concerning the use of external analgesic,
‘tug products for poison ivy, poisen oak,
jon sumac, and insect bites (poison
Ivy-oak-sumac and insect bites). Some
of these comments were submitted to
both the extemal analgesic and skin
protectant rulemakings. In those cases
‘where the same comments were
‘submitted to both rulemakings, th
Comments will be addsessed only in the
‘appropriate amendment to either the
proposed rule for OTC external
[Snalgesic drug products or for OTC skin
protectant drug products published
Elsewhere is this sue of the Federal
Register. Copies of the comments
received are on public display in the
Dockets Management Branch.
“The Panel provided general
statements on OTC drug products for
‘he prevention of polson ivy, poison oak,
poison sumac, and for use as insect bite
heutzalizers, However, the Panel did not
review all of the submitted individual
ingredients nor develop labeling for drug
products for these indications. Also, the
Panel reviewed only ingredients with
labeling claims for prevention of poison
ivy, poison oak, or poison sumac, oF for
treatment of insect bites by
neutralization or inactivation of insect
‘venom, However, many submissions to
the Panel were for drug products used to
treat the symptoms (ic. itching, minor
irritations) of poison ivy-oak-sumac and
Insect bites by the mechanism of
depressing or stimulating cuianeous
sensory receptors. Additionally, a
umber of external analgeste drag
products labeled for the treatment of
olson ivy-oak-sumac and insect bites
twere not submitted to the Miscellaneous
‘External Panel, Therefore, the agency is
‘expanding the scope of this segment of
the external analgesic rulemaking to
include sll OTC extemal analges
products labeled for any of thes
In this document, the agency
ing drug
producto for th
bf poison Ivy-oak-sumac and insect bites
When the mechanism of action involves
the depression or stimulation of
cutaneous sensory receptors. inthe skin
protectant rulemaking (published
Elsewhere in this iseue of the Federal
Register, the agency is addressing the
‘sims for the treatment and/or
‘prevention of poison ivy, poison oak,
fnd poison sumac and for the treatm
tend/or neutralization of insect bites
‘when the mechanism of action for these
Claus involves the ingrediont’s ability
fo neutralize or inactivate insect venom
ot the ingredient’s ablity to provide a
‘mechanism barrio to protect the
exposed skin surfaces from harmful or
‘annoying stimuli
In the Federal Register of February 8,
4983 (48 FR 5852), the agency published
€ tentative final monograph (proposed
tule] for OTC extemal analgesic drug
products, The agency issued this notice
bfter considering the report and
recommendations of the Advisory
Review Panel on OTC Topical
‘Analgeste, Anticheumatic, Otic, Burn,
‘and Sunburn Prevention and Treatment
Drug Products (Topical Analgesic Panel)
‘and public comments on an advance
notice of proposed rulemaking that was
‘based on those recommendations.
Interested persons were invited to
submit comments by April 11, 1989; new
Gata by February 8, 1964, and comments
fon new data by April 9, 1984. In
response to that notice, one
manufacturer's association and five drug
manufacturers submitted comments
concerning the uee of extorna! snalgesic
{ngredients for the treatment of poison
ivy-oak-sumac and insect bites. The
agency is also addressing these
‘Comments in this notice of proposed
rulemaking, Copies of the comments
received are on public display in the
‘Dockets Management Branch (address
above).
In this notice of proposed rulemaking.
FDA responds to public comment and
further discusses its position on OTC
external analgesic drug products for the
freatment of poison ivy-oak-sumac and
insect bites. Final agency action on this
‘matter will occur with the publication at
fa future date ofa final rule relating to
(OTC external analgesic drug preducts
for the treatment of these conditions.
‘The OTC drug procedural regulations
(21 CER 320.10) now provide that any
testing necessary to resolve the safety or
effectiveness issues that formerly
resulted in a Category Il classification,
fend submission to FDA of the results of
that testing ot any other data, must be
one during the OTC drug rulemaking
process before the establishment of @
final monograph. Accordingly, FDA,
no longer use the terms "Category I
{generally recognized as safe and
effective and not misbranded).
“Category Il” (not generally recognized
as gefe and effective or misbranded),
fand "Category III” (available data are
inoulficient to classify as safe and
tffective, and further testing is required)
ft the final monograph stage, but will
tse instead the terms "monograph
‘oonditions” (old Category I) an
“nonmonograph conditions” (old
Categories Il and I}. This document
retains the concepts of Categories I I,40820 Foderal Register / Vc
No. 190 / Tue:
October 3, 1989 / Proposed Rules
‘and I
stage.
‘The agency advises that the
conditions under which the drug
products that are subject to this
monograph would be generally.
eoognized as safe and effective and not
tisbranded (monograph conditions) will
be effective 12 months after the date of
ublication of the final monograph in the
Federal Register. On or after that date,
‘no OTC drug product that is subject to
the monograph and that cont
‘nonmonograph condition,
condition that would cause the drug to
be not generally recognized as safe and
cffoctive or to be misbranded, may be
initially introduced or intially delivered
{for introduction into interstate
commerce unless it ie the subject of an
‘approved application. Further,
{drug product subject to this monograph
that is repackaged or relabeled after the
elfective 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
final monograph
the agency determines that ny
labeling for a condition included fy tho
final monograph should be implemented
ifa safety problem
identified for a particular nonmonograph
Condition, a shorter deadline may be set
{for removal ofthat condition from OTC.
drug products,
All “OTC Volumes” cited throughout
this document refer to the submissions
made by interested persons pursuant (0
the call-for-data notices published in the
Federal Register on December 12,1972
(87 FR 26490), Novernber 16, 1973 (08 FR
51697), and August 27, 1975 (40 FR
36176), orto additional information that
thas come to the agency's attention since
Publication of the advance notices of
roposed rulamaking. The volumes are
on public display in the Dockets,
Management Branch (address above),
1. The Agency's Tentative Conclusions
‘on the Comments,
‘The agency has reviewed the
comments submitted to this rulemaking,
As noted above, most of the comments
‘were also submitted to the shin
protectant rulemaking. Several of those
comments are general in scope and will
be addressed in this rulemaking for
extemal analgesic drug products, Any of
these general comments that are
‘applicable to the akin protectant
es
Soeecemin
Soe
podedmerime,,,
published in th feral Register on
can cunanes,
dosteae tem
eae,
Saeco,
a a
ote ero
‘appear in the specific wording
established under the OTC drug
‘monograph or other regulation where
exact language has been established
and identified by quotation marks, e.,
21 GFR 201.69 oF 330.1(2. The proposed
rule in this document is subject to the
labeling provisions of § 2301(¢)(2).
3. Two comments in response to the
tentative final monograph for OTC
external analgesic drug products (48 FR
15652) requested that specific indications
for rashes caused by poison ivy be
added to the monograph. One comment
stated that the phrase “and rashes due
to poison ivy, poison oak, or poison
sumac’ should be added to the
indication “for the temporary relief of
ftching associated with sunburn, insect
bites, or minor skin irritations.” The
‘comment requested that the agency
revise this indication for extemal
analgesic ingredients identified in
$948.10 (a), (b), and (c) to read “For the
temporary relief of" (select one of the
following: hing.” or “pain
‘and itching”) whick may be followed by:
“associated with” (select one or more of
the following: “minor burns,” “sunburn,
pes,” “insect bites’
“minor skin irritations,” oF “rashes due
to poison ivy, poison oak, or poison
sumac’), The comment used th
example of Category I combination
products containing an external
‘analgesic (antihistamine) and a skin
protectant to eupport ite request. The
‘comment noted that the agency
proposed the indication "Dries the
‘oozing and weeping of poison ivy.
poison oak, and poison sumac" in the
skin protectant tentative final
monograph (February 15, 1963; 48 FR
{820 at 6532). According to the comment,
the purpose of e combination product
‘containing a topfeal antihistamine ard &
skin protectant is both to help d
poison ivy, poison oak, or poison sumac
lesions and to relieve the iteh associated
‘with these conditions. The comment
largued thet not permitting an indication
for the elief of itch associated with
rashes due to poison ivy, poison oak,
and poison sumac in the external
‘analgesic monograph is not only
inconsistent with the allowed
combination but also misleading and
‘would cause confusion to consumers.
‘The second comment stated that the
proposed indication for extemal
analgesic ingredients identified in
$45.20 (a), (b), and (o) of the tentative
final monogreph is too restrletive for the
broad range of uses for these products
‘The comment proposed the following as
fan example of a truthful statement that
is an appropriete indication for extornal
analgesic drug products: “For the