Public Citizen Sues FDA to Force Benzocaine Ruling

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Public Citizen has filed suit against FDA in DC federal court over the agency’s failure to rule on the advocacy group’s three-year-old petition asking that it address life-threatening health risks associated with benzocaine, an ingredient common in certain infant teething and other medicines. The suit asks the court to compel FDA to answer the petition, which asks FDA to limit the legal uses of and revise labeling requirements for over-the-counter (OTC) oral healthcare products that contain benzocaine.

Public Citizen says that benzocaine is linked to methemoglobinemia, a life-threatening blood disorder that impairs the body’s ability to use oxygen. It wants the agency to no longer permit the products to be labeled for use in infant teething and to put Warnings on other OTC benzocaine products.

The suit says that FDA violated the Administrative Procedure Act by unlawfully withholding or unreasonably delaying action. It asks the court to order FDA to act on the petition because the agency’s failure to respond “is unreasonable in light of the nature and extent of the public health interests at stake.”

In a statement, Public Citizen Health Research Group director Michael Carome says that FDA concluded several years ago that OTC benzocaine products should generally not be used to treat teething pain in infants. “They are ineffective for this use and can cause a rare, but potentially deadly, adverse reaction,” he says. “It is unconscionable that the agency has failed to take the regulatory actions necessary to address the health risks.”

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