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# No Marketing of Same Rx and OTC Drugs: Reps
- URL: https://www.fdaweb.com/no-marketing-of-same-rx-and-otc-drugs-reps/
- Published: 2023-09-07T12:00:00.000Z
- Updated: 2026-09-14T18:54:57.000Z
- Author: David McFarland
- Tags: Drugs, #legacy-id-D5155267

Reps. **Dan Crenshaw** (R-TX), **Robert Latta** (R-OH), and **Debbie Dingell** (D-MI) say FDA should not permit simultaneous marketing of the same prescription and over-the-counter (OTC) drug product involved in an Rx-to-OTC switch. In a 9/6 [letter](https://www.chpa.org/sites/default/files/media/docs/2023-09/Latta-Dingell-Crenshaw%20Letter%20on%20OTC%20September%206%202023.pdf?ref=fdaweb.com) to CDER director **Patrizia Cavazzoni**, the representatives reference a recent agency proposed rule on drug switches.

“While we support FDA’s efforts to improve public health through increased access to nonprescription drugs,” they write, “we are concerned one key element of the rule may create a disincentive to switch medicines to nonprescription status, thus undermining public health goals. The reason for this concern is the proposed concept of simultaneous marketing of both prescription and nonprescription versions of the same drug.”

The representatives argue that simultaneous marketing of the same Rx and OTC drug “would ultimately limit rather than expand access for underserved communities, while also undermining the rule’s anticipated favorable economic impacts. For decades, Rx-to-OTC switches have proven to increase access to safe and effective self-treatment options, and we should be extremely cautious of any actions that could disincentivize manufacturers from pursuing this pathway that benefits consumers and the healthcare system.”

They call on Cavazzoni to remove the simultaneous marketing provision from the proposed rule.