New FDA Rules on Sunscreen Claims: More than Skin Deep

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Contributed by Kimberly K. Egan, Rebecca Jones McKnight, and So-Eun Lee

Sunscreen products are everywhere.  And consumers assume they work.  Consumers rely on them to prevent not only sunburn but also skin cancer, sun damage, sun spots, and leathery, wrinkled faces.  Consumers rely on them regardless of what the product labels say and regardless of whether their expectations are reasonable.    

And skin cancer is serious business, not just for Americans of Northern European descent.  The Department of Health and Human Services recently issued a webcast entitled: “Anyone Can Get Skin Cancer,”[1] alerting Americans of all skin tones about the risk of skin cancer.  Irene Ekwede, a dermatological nurse at the National Institutes of Health, noted: “When minority Americans are diagnosed with melanoma, the most severe form of skin cancer, it is usually at a later stage, when the disease is harder to treat.”

FDA has recognized the importance of regulating sunscreen since at least 1993, when it proposed a rule for OTC sunscreen products dealing with certain active ingredients and associated labeling and testing requirements for UVB radiation.  FDA proposed a new rule in 2007 that dealt with both UVB and UVA rays.  Still, it had not taken final action to make either of these proposed rules official.

Until now.

Last month, FDA issued its long-awaited final rule, titled “Labeling and Effectiveness Testing; Sunscreen Drug Products for Over-the-Counter Human Use,”[2]  The rule takes effect June 18, 2012 and, among other things, outlines standards for testing the effectiveness of sunscreen products and requires labeling that accurately reflects test results. 

What does the new rule require?

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FDA on Internet Promotion: Regulated Content Meets Social Media

Contributed by social media.jpgKimberly K. Egan and Rebecca Jones McKnight

Social media is evolving at a breakneck pace. FDA regulations, however, have yet to specifically address many questions raised by the various ways of communicating on the Internet and through online social media.

FDA's last major dialogue on this topic occurred at a public meeting in 1996. Think back to the way you used the Internet in 1996, and it should become clear how far this medium has progressed. The lack of specific guidance has left regulated companies trying to comply with FDA requirements crafted by Congress and regulators in a world long before Twitter.

Last week, before a capacity audience, FDA held a public meeting to address the "continually evolving nature of the Internet." In announcing the meeting, FDA said it believed that many issues could be addressed through existing FDA regulations, but recognized that emerging technologies might require additional guidance on applying those regulations. Among the new Internet tools and technologies, FDA cited:

  • Blogs
  • Microblogs (such as Twitter)
  • Podcasts
  • Social networks and online communities
  • Video sharing (through such sites as YouTube)
  • Widgets and
  • Wikis

 

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Impressions Matter: FDA Guidance Looks at the Style of Risk Information

Contributed by Kimberly K. Egan and Rebecca Jones McKnight as part of our ongoing Promotion & Advertising Matter series.

In response to industry requests for more clarity, FDA has issued draft guidance explaining the agency's thinking on the way companies present risk information in prescription drug and medical device promotion.

The guidance emphasizes the importance of stylistic issues in promotional communications—not just the content of the risk information, but the way it is presented.

The draft guidance applies to FDA evaluation of:

  • Advertisements and promotional labeling for prescription drugs;
  • Advertisements for restricted medical devices; and
  • Promotional labeling for all medical devices.
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    FDA Amendments Act of 2007 Imposes New Rules on Pharmaceutical Television Advertising

    Contributed by drug advertising.jpgKimberly K. Egan as part of our ongoing Promotion & Advertising Matter series.

    The new FDA Amendments Act OF 2007 (FDAAA or the Act), signed into law by President George W. Bush on Friday, September 28, 2007, imposes new rules on direct-to-consumer advertising. This advertising is defined as “an advertisement for a prescription drug product . . . intended to be displayed on any television channel for less than 3 minutes.”

    The new rules are in response to public criticism about prescription drug television advertisements in the wake of the Vioxx withdrawal. The rules generally:

    • require greater FDA involvement in television advertising;
    • specify the safety information to be included in television advertising; and
    • impose a new set of advisory review fees.

     

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