Drug labeling is critical to success in this industry. We can help you get your drug label right. Our label review will tell you all…
Label Reviews
What is a drug?
A drug is (1) a product that is recognized as a drug in the US Pharmacopeia or Homeopathic Pharmacopeia, (2) a product that is intended to diagnose, cure, mitigate, treat, or prevent a disease or disfunction, or (3) a product other than a food or supplement that is intended to affect the structures or functions of the body.
What is an OTC Drug?
An over-the-counter (OTC) drug is a drug that may be purchased without a prescription.
Most OTC drugs are monograph drugs that conform to an FDA-approved monograph detailing the formula and labeling necessary to safely and legally market these drugs without a prescription.
Some OTC drugs are homeopathic drugs. Homeopathic drugs are products that are labeled as homeopathic drugs and that contain very small amounts of homeopathic ingredients. Homeopathic ingredients are ingredients that are recognized as homeopathic by the Homeopathic Pharmacopeia of the US (HPUS). Homeopathic OTC drugs are limited to treatment of issues that can be self-diagnosed by the consumer and that are self-limiting and can be resolved without intervention of a medical professional, such as aches and pains, skin irritation, or muscle cramps.
OTC Drug Labeling Basics
Statement of Identity
The Statement of Identity is the drug’s primary drug category (e.g., sunscreen, antacid, toothpaste, etc.) and the name of the active ingredient. When there are multiple active ingredients, the active ingredient is replaced with the product’s intended use.
Net Quantity
This is a declaration of the amount of product in a container. The Net Quantity is in ounces and pounds for solids, semi-solids, and viscous products, in fluid ounces, pints, quarts, and gallons for liquid products; and in numerical count for products in tablets or capsules. All declarations of mass or volume must also include the metric equivalents, and products declared in weight must be preceded by the words “Net Weight.”
The Net Quantity must appear on the bottom 30% of the PDP, with few exceptions.
Drug Facts
The labels of all FDA regulated products must bear the name and address of the manufacturer, packers, or distributor. This address must be the named party’s principal place of business. Unless the named party is the manufacturer, the declaration must also include the party’s relationship to the product, such as “Distributed by…”
For drugs, the manufacturer cannot be declared as just “manufacturer” if there are other manufacturers involved in the production of the drug. In that case, the name & address declaration must explain the various manufacturers relationship to the product in the way described in the regulations to avoid misleading consumers.
Serious Adverse Events Number or Address
The law requires the label of an OTC drug to bear a US domestic phone number or address that reaches the party named on the label to receive reports of serious adverse events. A serious adverse event is one that results in death, a life-threatening experience, inpatient hospitalization, disability or incapacity, birth defects, or an event that requires medical attention to avert any of these outcomes.
Lot Codes & Expiration Date
The label must include a lot number that allows you to trace the complete manufacturing history of the product. And, with certain exceptions, the label and outer container must include an expiration date – based on appropriate stability studies.
Tamper Evident
The product label must include a tamper evident statement that prominently identifies evidence that the product has been tampered with. This is not required for some drugs, such as dermatological products.
Country of Origin Mark – under Customs law, imported products must bear a clear mark designating the legal country of origin (such as “Made in Mexico”).
Claims & Monograph Compliance
The label of an OTC drug may only include treatment claims and claims to affect the structures or function of the body that come from the applicable OTC monograph. Any claims outside of the monograph are likely to cause FDA to regulate the product as an unapproved (i.e., illegal) new drug.
All drug facilities (foreign & domestic) must be registered with FDA and all drugs must be listed with FDA prior to marketing in the…
Drug Facility Registration & Listing
All drug facilities (foreign & domestic) must be registered with FDA and all drugs must be listed with FDA prior to marketing in the US. We can register your facility and list all your drugs. Call today!
Drug Facility Registration –
A registration for drug facilities. All drug manufacturers, repackers, relabelers, and salvagers are required to register each facility. This includes foreign facilities that offer drugs for import into the U.S. Additionally, foreign facilities need to identify each U.S. importer.
FDA now requires annual user fees for monograph drug facilities. In Fiscal Year 2021, the fee for a manufacturer was $20,322, while the fee for contract manufacturers was $13,548
Drug Listing –
Each drug that a drug facility manufactures, repacks, relabels, or salvages for commercial distribution. 21 C.F.R. § 207.41 Drug listings include label proofs and are public. See at Daily Med.
The manufacturer, packer, or distributor named on the label of an OTC drug is required to report to FDA any reports of se…
Serious Adverse Events Compliance
The manufacturer, packer, or distributor named on the label of an OTC drug is required to report to FDA any reports of serious adverse events associated with their product. We can set up a US domestic telephone number and help you with reporting.
Reporting – The company named on an OTC drug label is called the “Responsible Person.” The Responsible Person is legally obligated to do all of the following related to serious adverse events:
The Responsible Person must
(1) report serious adverse events to FDA within 15 days of receipt
(2) submit any new medical information about such an event the company receives for a year after the event,
(3) maintain records of all adverse events (not just serious adverse events) for a minimum of 6 years after the event date.
Serious Adverse Event – A serious adverse event is one that results in death, a life-threatening experience, inpatient hospitalization, disability or incapacity, birth defects, or an event that requires medical attention to avert any of these outcomes.
Drug manufacturers must comply with FDA drug current Good Manufacturing Practices (cGMPs) which exist to ensure dru…
Drug GMPs & FDA Inspections
Drug manufacturers must comply with FDA drug current Good Manufacturing Practices (cGMPs) which exist to ensure drug safety, identity, strength, quality, and purity. Eventually, FDA will inspect your facility for compliance with GMPs and other requirements. We can help refine your GMPs and help you respond to FDA inspections.
cGMPS
Drug GMPs are the main target of FDA investigators when they inspect a drug manufacturing facility. Drug GMPs consist of a variety of controls mostly dedicated to sanitation and ensuring drug identity, strength, quality, and purity. These include quality management systems, personnel qualification, facilities & equipment, raw material acquisition, operating procedures, detecting and investigating quality deviations, and reliable testing laboratories.
Inspections
Once the FDA decides to inspect your drug facility, you are legally required to allow them to enter and inspect. So, you must be prepared. Here are a few pointers for an FDA inspection:
FDA has authority to enter your facility at reasonable times to inspect.
FDA has the authority to sample products for testing. If they do, they will issue a Receipt for Sample (Form 484).
FDA has authority to inspect and copy your records related to compliance.
FDA does not have authority to inspect financials, sales, pricing information, or personnel data not related to a required qualification.
You are not required to sign FDA documents.
FDA will find flaws in your GMPs and compliance. FDA will note your non-compliance as “observations” in the 483 Inspectional Observations Report. You must respond to the observations in writing and correct the issues noted in the observations.
U.S. Regulations Require All Food Facilities (E.G., That Manufacture, Process, Pack, Or Hold Food, Beverages, Or Dietary Supplements For And Food Facilities Located Outside The United States Must Designate A U.S. Agent.