OTC Drug Dispute Resolution Guidance

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FDA has published a draft guidance, Formal Dispute Resolution and Administrative Hearings of Final Administrative Orders Under Section 505G of the Food, Drug, and Cosmetic Act, with recommendations on the formal dispute resolution and administrative hearings procedures for resolving scientific and medical disputes between CDER and requestors and sponsors of drugs that will be subject to a final administrative order under Section 505G of the Federal Food, Drug, and Cosmetic Act. The document covers nonprescription drugs without approved NDAs that are governed by the provisions of Section 505G (over-the-counter monograph drugs).

Specifically, the guidance describes the CDER formal dispute resolution procedures for eligible requestors or sponsors that want to appeal a scientific and/or medical issue related to a final order. It also outlines the procedures for an administrative hearing related to a final order. And it describes the procedures for consolidated proceedings for formal dispute resolution and hearings to resolve scientific and/or medical disputes related to final orders.

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