[Federal Register Volume 67, Number 193 (Friday, October 4, 2002)]
[Proposed Rules]
[Pages 62218-62221]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-25251]
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DEPARTMENT OF HEALTH AND HUMAN SERVICES
Food and Drug Administration
21 CFR Parts 310 and 358
[Docket No. 02N-0359]
RIN 0910-AA01
Ingrown Toenail Relief Drug Products for Over-the-Counter Human
Use
AGENCY: Food and Drug Administration, HHS.
ACTION: Proposed rule.
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SUMMARY: The Food and Drug Administration (FDA) is issuing a proposed
rule to establish conditions under which over-the-counter (OTC) ingrown
toenail relief drug products containing sodium sulfide 1 percent in a
gel vehicle are generally recognized as safe and effective and not
misbranded. This rule also proposes to amend the regulation that lists
nonmonograph active ingredients in OTC drug products for ingrown
toenail relief by removing sodium sulfide from that list. This proposal
is part of FDA's ongoing review of OTC drug products.
DATES: Submit written or electronic comments by December 3, 2002.
Please see section IX of this document for the effective date of any
final rule that may publish based on this proposal.
ADDRESSES: Submit written comments to the Dockets Management Branch
(HFA-305), Food and Drug Administration, 5630 Fishers Lane, rm. 1061,
Rockville, MD 20852. Submit electronic comments to http://www.fda.gov/dockets/ecomments.
FOR FURTHER INFORMATION CONTACT: Nahid Mokhtari, Center for Drug
Evaluation and Research (HFD-560), Food and Drug Administration, 5600
Fishers Lane, Rockville, MD 20857, 301-827-2222.
SUPPLEMENTARY INFORMATION:
I. Background
In the Federal Register of September 9, 1993 (58 FR 47602), FDA
published a final rule establishing that any ingrown toenail relief
drug product for OTC human use is not generally recognized as safe and
effective and is misbranded. (See 21 CFR 310.538.) In that final rule,
sodium sulfide 1 percent was considered effective but not safe for the
temporary relief of pain associated with ingrown toenails because of
its potential for causing adverse reactions, particularly burning
sensations and skin irritation.
A manufacturer subsequently conducted an additional safety study
and requested the agency to find sodium sulfide 1 percent in a gel
vehicle safe and effective for this OTC use (Ref. 1). The study
involved four treatment groups who applied sodium sulfide nonahydrate
gel: (1) One percent twice daily using a retainer ring system, (2) 2
percent twice daily using a retainer ring system, (3) 2 percent once
daily using a retainer ring system, and (4) 2 percent twice daily using
an absorptive bandage system. The gel was applied for 7 days or until
the nail became sufficiently softened to allow for trimming, whichever
occurred first. Of 64 ingrown toenail sufferers enrolled, 61 completed
all aspects of the study. No adverse reactions were reported during the
study, and no subjects reported any irritation. Four subjects noted
some stinging and burning on day 1 and moderate discomfort on days 3
and 4, but the subjects did not discontinue treatment. The manufacturer
stated that of the two systems tested the retainer ring is the
preferred one because it provides ease of use and cushioning while
further enhancing safety through the use of a medical grade adhesive.
The design of the system allows for easy administration of sodium
sulfide to the affected area by the consumer while retaining the drug
in contact with the toe. The manufacturer requested approval of its
revised instructions using the retainer ring system.
The agency found this study inadequate for a number of reasons.
First, it was not designed as a safety study. There was no vehicle
control, and safety cannot be determined without a vehicle control. The
trial size was too small. The daily supervision by a podiatrist was not
reflective of OTC use. Safety has to be assessed in context with the
indications; the ``days to trimming'' in the study were outside of the
prior proposed monograph description of product uses. The agency
concluded that the study was not adequate to resolve the outstanding
[[Page 62219]]
safety concerns for using sodium sulfide for ingrown toenail relief
(Ref. 2). The manufacturer subsequently conducted additional safety
studies and submitted new data to the agency (Ref. 3).
II. The Agency's Evaluation of the New Data
The new data were in a study entitled ``An Investigator-Blind,
Vehicle-Controlled and Retainer Ring/Taping-controlled, Parallel Study
of the Safety of a 1 percent Sodium Sulfide Nonahydrate Gel Used
Topically for the Temporary Relief of Discomfort (Pain) from Ingrown
Toenails.'' The data resulted from a randomized, two-center, three-arm,
evaluator-blind safety study involving 157 subjects over 18 years of
age with painful ingrown toenail. Eligible subjects were randomized
into treatment arms that used sodium sulfide 1 percent gel with a taped
retainer ring, gel vehicle with a taped retainer ring, and the taped
retainer ring alone in a 3:1:1 ratio.
The gel vehicle was an aqueous, semisolid system with large organic
molecules interpenetrated with a liquid (Ref. 4). The retainer ring was
die cut from polyethylene foam coated on one side with a medical grade
acrylic pressure-sensitive adhesive and had slots, center-cut
completely through the foam with the cut of sufficient size to allow
for application of the product to the ingrown toenail (Ref. 4). All
subjects were to apply the test product twice daily for 7 days after
cleansing and adequately drying the foot. Each subject had a daily
diary in which to record product applications and any discomfort
resulting from the test product. At each study visit (days 1, 4, and
8), the investigator also asked the subject, ``How are you feeling?'',
recorded any subject-reported adverse events, and reviewed the daily
diary for compliance and concomitant medications. The investigator also
evaluated and recorded the condition of the skin surrounding the target
ingrown toenail for erythema, edema, and maceration using the following
scale: 0 = none, 1 = mild, 2 = moderate, and 3 = severe.
The majority of the subjects in both the sodium sulfide 1 percent
gel and vehicle groups (65 percent and 55 percent, respectively)
experienced no discomfort. Most discomfort occurred in the first 3 days
of treatment. During this period, the frequency of discomfort appeared
somewhat higher in the control gel treatment group than in the sodium
sulfide 1 percent gel group. Pain and burning were the most commonly
reported diary entries in all groups. The data suggested that the
incidence of pain and burning using sodium sulfide 1 percent gel was
comparable to or less than that observed in the two control groups,
except that burning from use of the sodium sulfide gel was greater than
for the retainer ring alone, but less than for the control gel vehicle.
No serious adverse events were recorded.
At baseline, the proportion of subjects with mild or moderate
erythema (skin redness) was generally comparable among treatment
groups. Over the course of the study, erythema decreased in all three
groups, suggesting that sodium sulfide 1 percent gel is not an
irritant. A similar pattern was observed for mild or moderate edema
(swelling), although the decreases at day 4 were less dramatic. At day
8, the change from baseline was most pronounced in the gel vehicle
group. Percentage changes in the sodium sulfide and retainer ring
groups appeared comparable. No subject in any of the treatment groups
had maceration (skin degeneration). The agency's detailed comments on
the data are on file in the Dockets Management Branch (see ADDRESSES)
(Ref. 5).
III. The Agency's Tentative Conclusions
The agency tentatively concludes that the new safety data and the
agency's previous determination of effectiveness (58 FR 47602 at 47604)
support OTC drug monograph status for 1 percent sodium sulfide in a gel
vehicle applied topically for the relief of discomfort (pain) of
ingrown toenail. The product is used with a retainer ring to keep the
product at the area of application. The agency, since 1989, has
believed that monograph ingredients need to be recognized in an
official United States Pharmacopeia-National Formulary (USP-NF) drug
monograph. (See 54 FR 13480 at 13486, April 3, 1989, and 54 FR 40808 at
40810, October 3, 1989.) The agency recently included such a
requirement in Sec. 330.14(i) (21 CFR 330.14(i)). (See 67 FR 3060 at
3076, January 23, 2002.) A USP-NF monograph currently exists for sodium
sulfide gel (Ref. 6). Accordingly, the agency is proposing a new
monograph in part 358, subpart D (21 CFR part 358, subpart D) for
ingrown toenail relief drug products that includes 1 percent sodium
sulfide gel. The agency is also amending Sec. 310.538 to state that it
no longer applies to sodium sulfide.
The manufacturer stated its intent to market only the retainer
ring/bandage strip system at this time, but noted that its safety and
effectiveness data also support use of a bandage system (without a
retainer ring) (Ref. 4). The only safety data for use with a bandage
system were included in the manufacturer's first submission (Ref. 1),
which the agency found inadequate to support safety (Ref. 2). The key
data that adequately support safety involved use with the retainer ring
system (Ref. 3). Therefore, the agency is including a warning that
states: ``When using this product [bullet] use with a retainer ring''.
The manufacturer requested that it be allowed to begin marketing 1
percent sodium sulfide gel upon publication of this proposed rule.
Current Sec. 310.538 prohibits marketing of ingrown toenail relief
drug products containing sodium sulfide. The agency today is proposing
to allow the marketing of such products, but until the agency's final
conclusions on the status of these products are presented in a final
rule and Sec. 310.538 is amended in a future issue of the Federal
Register, any such product initially introduced or initially delivered
for introduction into interstate commerce is subject to regulatory
action.
IV. Analysis of Impacts
FDA has examined the impacts of this proposed rule under Executive
Order 12866, the Regulatory Flexibility Act (5 U.S.C. 601-612), and the
Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1501 et seq.). Executive
Order 12866 directs agencies to assess all costs and benefits of
available regulatory alternatives and, when regulation is necessary, to
select regulatory approaches that maximize net benefits (including
potential economic, environmental, public health and safety, and other
advantages; distributive impacts; and equity). Under the Regulatory
Flexibility Act, if a rule has a significant economic impact on a
substantial number of small entities, an agency must analyze regulatory
options that would minimize any significant impact of the rule on small
entities. Section 202(a) of the Unfunded Mandates Reform Act requires
that agencies prepare a written statement of anticipated costs and
benefits before proposing any rule that may result in an expenditure in
any one year by state, local, and tribal governments, in the aggregate,
or by the private sector, of $100 million (adjusted annually for
inflation).
The agency believes that this proposed rule is consistent with the
principles set out in the Executive order and in these two statutes.
FDA has determined that the proposed rule is not a significant
regulatory action as defined by the Executive order and so is not
subject to review under the Executive order. As explained later in this
section, FDA believes that the proposed rule will not have a
significant economic impact
[[Page 62220]]
on a substantial number of small entities. The Unfunded Mandates Reform
Act does not require FDA to prepare a statement of costs and benefits
for this proposed rule, because the proposed rule is not expected to
result in any 1-year expenditure that would exceed $100 million
adjusted for inflation. The current inflation adjusted statutory
threshold is about $110 million.
The purpose of this proposed rule is to establish a monograph for
ingrown toenail relief drug products for OTC human use and include
sodium sulfide 1 percent in a gel vehicle in the monograph. This
proposal, when finalized, will provide for OTC availability of this
type of product.
Manufacturers who wish to market this type of product will have the
standard costs associated with the introduction of any new product.
These include preparation of labeling, stability testing, and
implementing manufacturing procedures. Any cost incurred will be
voluntary if manufacturers elect to market this type of product. This
cost may vary from manufacturer to manufacturer; however, the burden on
small manufacturers is not greater than that for large manufacturers.
Manufacturers will not incur any costs related to proving safety and
effectiveness of the active ingredient for this intended use.
Under the Regulatory Flexibility Act, if a rule has a significant
impact on a substantial number of small entities, an agency must
analyze regulatory options that would minimize any significant impact
of a rule on small entities. This proposed rule would allow
manufacturers to market OTC ingrown toenail relief drug products
containing sodium sulfide 1 percent in a gel vehicle without having to
obtain an approved new drug application, as is currently required, and
would be beneficial to small entities. Thus, this proposed rule will
not impose a significant economic burden on affected entities.
Therefore, under the Regulatory Flexibility Act, the agency certifies
that the proposed rule will not have a significant economic impact on a
substantial number of small entities. No further analysis is required.
The agency invites public comment regarding any substantial or
significant economic impact that this rulemaking would have on
manufacturers who wish to market OTC ingrown toenail relief drug
products. Comments regarding the impact of this rulemaking on such
manufacturers should be accompanied by appropriate documentation. The
agency is providing a period of 60 days from the date of publication of
this proposed rulemaking in the Federal Register for comments to be
developed and submitted. The agency will evaluate any comments and
supporting data that are received and will reassess the economic impact
of this rulemaking in the preamble to the final rule.
V. Paperwork Reduction Act of 1995
FDA tentatively concludes that the labeling requirements in this
document are not subject to review by the Office of Management and
Budget because they do not constitute a ``collection of information''
under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.).
Rather, the labeling statements are a ``public disclosure of
information originally supplied by the Federal government to the
recipient for the purpose of disclosure to the public ''(5 CFR
1320.3(c)(2)).
VI. Environmental Impact
The agency has determined under 21 CFR 25.31(a) that this action is
of a type that does not individually or cumulatively have a significant
effect on the human environment. Therefore, neither an environmental
assessment nor an environmental impact statement is required.
VII. Federalism
FDA has analyzed this proposed rule in accordance with the
principles set forth in Executive Order 13132. FDA has determined that
the proposed rule does not contain policies that have substantial
direct effects on the States, on the relationship between the National
Government and the States, or on the distribution of power and
responsibilities among the various levels of government. Accordingly,
the agency tentatively concludes that the proposed rule does not
contain policies that have federalism implications as defined in the
Executive order and, consequently, a federalism summary impact
statement has not been prepared.
VIII. Request for Comments
Three copies of all written comments are to be submitted.
Individuals submitting written comments or anyone submitting electronic
comments may submit one copy. Comments are to be identified with the
docket number found in brackets in the heading of this document and may
be accompanied by a supporting memorandum or brief. Received comments
may be seen in the Dockets Management Branch between 9 a.m. and 4 p.m.,
Monday through Friday.
IX. Proposed Effective Date
The agency is proposing that any final rule that may issue based on
this proposal become effective 30 days after its date of publication in
the Federal Register.
X. References
The following references are on display in the Dockets Management
Branch (see ADDRESSES) under Docket No. 80N-0348 and may be seen by
interested persons between 9 a.m. and 4 p.m., Monday through Friday.
1. Comment No. CP1.
2. Comment No. PDN1.
3. Comment No. CP2.
4. Letter from A. Mart, Schering-Plough HealthCare Products, to
W. Ellenberg, FDA, dated December 21, 2000.
5. Comment No. LET3.
6. The United States Pharmacopeia 24--The National Formulary 19,
The United States Pharmacopeial Convention, Inc., Rockville, MD,
Supplement 2, p. 2858, July 1, 2000.
List of Subjects
21 CFR Part 310
Administrative practice and procedure, Drugs, Labeling, Medical
devices, Reporting and recordkeeping requirements.
21 CFR Part 358
Labeling, Over-the-counter drugs.
Therefore, under the Federal Food, Drug, and Cosmetic Act and under
authority delegated to the Commissioner of Food and Drugs, it is
proposed that 21 CFR parts 310 and 358 are amended as follows:
PART 310--NEW DRUGS
1. The authority citation for 21 CFR part 310 continues to read as
follows:
Authority: 21 U.S.C. 321, 331, 351, 352, 353, 355, 360b-360f,
360j, 361(a), 371, 374, 375, 379e; 42 U.S.C. 216, 241, 242(a), 262,
263b-263n.
2. Section 310.538 is amended by removing the ingredient sodium
sulfide in paragraph (a) and adding new paragraph (e) to read as
follows:
Sec. 310.538 Drug products containing active ingredients offered
over-the-counter (OTC) for use for ingrown toenail relief.
* * * * *
(e) This section does not apply to sodium sulfide labeled,
represented, or promoted for OTC topical use for ingrown toenail relief
in accordance with part 358, subpart D of this chapter after [effective
date of final rule].
PART 358--MISCELLANEOUS EXTERNAL DRUG PRODUCTS FOR OVER-THE-COUNTER
HUMAN USE
3. The authority citation for 21 CFR part 358 continues to read as
follows:
Authority: 21 U.S.C. 321, 351, 352, 353, 355, 360, 371.
[[Page 62221]]
4. Part 358 is amended by adding new subpart D, consisting of Sec.
Sec. 358.301 to 358.350, to read as follows:
Subpart D--Ingrown Toenail Relief Drug Products
Sec.
358.301 Scope.
358.303 Definitions.
358.310 Ingrown toenail relief active ingredient.
358.350 Labeling of ingrown toenail relief drug products.
Subpart D--Ingrown Toenail Relief Drug Products
Sec. 358.301 Scope.
(a) An over-the-counter ingrown toenail relief drug product in a
form suitable for topical administration is generally recognized as
safe and effective and is not misbranded if it meets each condition in
this subpart and each general condition established in Sec. 330.1 of
this chapter.
(b) References in this subpart to regulatory sections of the Code
of Federal Regulations are to chapter I of title 21 unless otherwise
noted.
Sec. 358.303 Definitions.
As used in this subpart:
(a) Ingrown toenail relief drug product. A drug product applied to
an ingrown toenail that relieves pain or discomfort either by softening
the nail or by hardening the nail bed.
(b) Retainer ring. A die cut polyethylene foam pad coated on one
side with medical grade acrylic pressure-sensitive adhesive. The
retainer ring has slots, center-cut completely through the foam with
the cut of sufficient size to allow for localization of an active
ingredient in a gel vehicle to a specific target area. The retainer
ring is used with adhesive bandage strips to place over the retainer
ring to hold it in place.
Sec. 358.310 Ingrown toenail relief active ingredient.
The active ingredient of the product is sodium sulfide 1 percent in
a gel vehicle. The gel vehicle is an aqueous, semisolid system with
large organic molecules interpenetrated with a liquid.
Sec. 358.350 Labeling of ingrown toenail relief drug products.
(a) Statement of identity. The labeling of the product contains the
established name of the product, if any, and identifies the product as
an ``ingrown toenail relief product'' or as an ``ingrown toenail
discomfort reliever.''
(b) Indications. The labeling of the product states, under the
heading ``Use,'' the following: ``for temporary relief of'' [select one
or both of the following: `pain' or `discomfort'] ``from ingrown
toenails''. Other truthful and nonmisleading statements, describing
only the use that has been established and listed in this paragraph
(b), may also be used, as provided in Sec. 330.1(c)(2) of this
chapter, subject to the provisions of section 502 of the Federal Food,
Drug, and Cosmetic Act (the act) relating to misbranding and the
prohibition in section 301(d) of the act against the introduction or
delivery for introduction into interstate commerce of unapproved new
drugs in violation of section 505(a) of the act.
(c) Warnings. The labeling of the product contains the following
warnings under the heading ``Warnings'':
(1) ``For external use only'' in accord with Sec. 201.66(c)(5)(i)
of this chapter.
(2) ``Do not use [bullet]\1\ on open sores''.
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\1\See Sec. 201.66(b)(4) of this chapter for definition of
bullet.
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(3) ``Ask a doctor before use if you have [bullet] diabetes
[bullet] poor circulation [bullet] gout''.
(4) ``When using this product [bullet] use with a retainer ring''.
(5) ``Stop use and ask a doctor if [bullet] redness or swelling of
your toe increases [bullet] discharge is present around the nail
[bullet] symptoms last more than 7 days or clear up and occur again
within a few days''.
(d) Directions.The labeling of the product contains the following
statements under the heading ``Directions'':
(1) ``[Bullet] adults and children 12 years and over:''
(i) ``[Bullet] wash the affected area and dry thoroughly [bullet]
place retainer ring on toe with slot over the area where the ingrown
nail and the skin meet. Smooth ring down firmly. [bullet] apply enough
gel product to fill the slot in the ring [bullet] place round center
section of bandage strip directly over the gel-filled ring to seal the
gel in place. Smooth ends of bandage strip around toes.''
(ii) ``[Bullet] repeat twice daily (morning and night) for up to 7
days until discomfort is relieved or until the nail can be lifted out
of the nail groove and easily trimmed''.
(2) ``[Bullet] children under 12 years: ask a doctor''.
Dated: September 25, 2002.
Margaret M. Dotzel,
Associate Commissioner for Policy.
[FR Doc. 02-25251 Filed 10-3-02; 8:45 am]
BILLING CODE 4160-01-S