Sweeping Changes Coming to OTC Monographs: Attorneys

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Three Mintz Levin attorneys say the next phase of the over-the-counter (OTC) reform process coming from provisions in the CARES Act “will entail sweeping changes to the process for bringing OTC drugs to market and will impose some significant burdens on FDA and manufacturers alike.” Writing in a National Law Review online article, the attorneys say that although the reforms streamline the agency’s process for making GRASE (generally recognized as safe and effective) determinations and other monograph decisions in some respects, they also add flexibility for industry to request and for the agency to implement changes, which will require additional resources.

“The OTC drug industry will likely take full advantage of the ability to request meetings with FDA, putting time and resource strains on the agency,” the attorneys write. “Even with user fees helping to defray the fiscal burdens, the need for additional personnel to handle these administrative processes will likely be significant. In addition, the program reforms require OTC manufacturers to draft formal applications to request new or updated administrative orders for OTC monographs and pay user fees, which will put new resource burdens on the industry.”

The article presents an overview of OTC monograph reform covering the administrative order process, minor changes in dosage form, marketing exclusivity, OTC monograph user fees, formal meetings with FDA, and OTC monograph reform-related guidances.

Key takeaways from a 5/29 FDA Webinar cover products that remain on the market and monograph reform submissions and FDA meetings.

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