OTC External Analgesic Product Labeling Petition

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Attorney Nancy Taylor (Greenberg Traurig) submitted a 5/24 petition asking FDA to take action to ensure that over-the-counter (OTC) external analgesic drug products in patch, plaster, or poultice (PPP) dosage forms claims are limited only to those that are demonstrated and do not include severe or acute pain. The petition says that OTC external analgesic drug products in PPP dosage forms could do much to address certain gaps in pain management. But, it says, under FDA’s regulatory approach to OTC external analgesics in PPP dosage form, only a few such products have been demonstrated to be safe and effective, and generally only for limited indications.

Taylor says FDA action as requested in the petition is needed because: 

  •          the U.S. is losing the fight against the opioid epidemic and chronic pain;
  •          external analgesics in PPP dosage form can play an important role in addressing and managing pain, but only with incentives in place to promote the development of the data necessary to demonstrate safety and effectiveness; and
  •          external analgesics in PPP dosage form, except for a few exceptions, have not been generally recognized as safe and effective for the management of pain, nor for chronic or moderate-to-severe pain in particular.

“The sooner FDA clarifies the specific indications for which external analgesics, particularly those in PPP dosage form, can be marketed without submission and approval of a new or abbreviated new drug application or submission of an OTC drug administrative order request and FDA issuance of such order, all of which must be supported by well-controlled clinical studies corroborated by other reliable data and evidence of safety and effectiveness, the sooner the U.S. healthcare system and U.S. consumers may have additional non-opioid alternatives in their arsenal for safety and effectively managing pain in the U.S.,” the petition concludes.

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