OTC Drug Reform Legislation Introduced
Sens. Johnny Isakson (R-GA) and Bob Casey (D-PA) have introduced the Over-the-Counter Drug Safety, Innovation, and Reform Act (S. 2315) in a bipartisan effort to overhaul regulation of over-the-counter (OTC) monograph drugs. Attorney Riette van Laack (Hyman, Phelps & McNamara) writes in her firm’s FDA Law Blog that the bill is intended to speed the current time-consuming regulatory procedures by introducing the administrative order process to replace current rulemaking procedures. It would provide options for manufacturers to request administrative orders and for FDA to initiate administrative orders on its own initiative as well as in response to a citizen petition.
Van Laack says the bill also would establish a process for introducing new OTC products that are marketed without an approved NDA. Under certain circumstances, she adds, such drugs would be subject to a two-year exclusivity period.
The bill includes provisions to give FDA authority to take rapid action in the event of safety issues with OTC drugs. And it would require that the agency evaluate the cold and cough monograph with respect to children under age of six and report annually to Congress on the progress of the evaluation.
“Importantly,” the post concludes, “the bill provides FDA with the authority to collect user fees to help cover much of the costs of the updated regulatory system and provide the necessary resources to evaluate and monitor the market.”
Van Laack says that other than the two-year exclusivity provision, the measure is like previous proposals.