FDA Again Delays Non-Rx Drug Final Rule

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As part of the Trump Administration’s regulatory freeze while it reviews pending FDA actions, the effective date of a recent final rule entitled “Nonprescription Drug Product With an Additional Condition for Nonprescription Use (ACNU)” is delayed from 3/21 to 5/27. Previously, the rule was delayed for the same reason from 1/27 to 3/21.

The final rule establishes requirements for a nonprescription drug product with an ACNU, including application, labeling, and postmarketing reporting requirements, according to an FDA notice. In addition to applicable existing application requirements, the final rule also establishes the specific requirements for an NDA or ANDA with an ACNU.

The rule also clarifies that an ACNU “constitutes a meaningful difference between a prescription drug product and a nonprescription drug product that makes the nonprescription drug product safe and effective for use without the supervision of a practitioner licensed by law to administer such drug; therefore, a prescription drug product and a nonprescription drug product with an ACNU with the same active ingredient may be simultaneously marketed even if they do not have meaningful differences other than the ACNU, such as different indications or strengths,” according to the agency.

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