CARES Provision Should Speed OTC Changes: FDA

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A Government Accountability Office (GAO) report says FDA officials believe that a new process for regulating over-the-counter drugs included in the CARES Act “could improve FDA’s ability to address identified safety risks in a more timely and efficient manner in the future.” GAO says the act “established an expedited process to address safety issues that pose an imminent hazard to public health or to change a drug’s labeling to mitigate a significant or unreasonable risk of a serious adverse event.”

The GAO report says FDA officials said that under the old process it could take at least six years to update and finalize a new OTC drug monograph in response to safety issues and to reflect new scientific information. The agency also said it did not have sufficient resources to regulate the estimated 100,000 OTC drugs marketed through the monograph process.

While FDA used various methods to identify and respond to safety issues related to OTC drugs, agency officials said the methods were not a substitute for rulemaking because manufacturers could legally market their OTC drugs without making requested safety changes until the rulemaking process was completed.

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