[Federal Register Volume 86, Number 92 (Friday, May 14, 2021)]
[Notices]
[Pages 26530-26532]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-10177]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2021-N-0408]


Modified Risk Tobacco Product Application: Application for the 
IQOS 3 System Holder and Charger Submitted by Philip Morris Products 
S.A.

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice of availability.

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SUMMARY: The Food and Drug Administration (FDA) is announcing the 
availability for public comment of a modified risk tobacco product 
application (MRTPA) for the IQOS 3 System Holder and Charger submitted 
by Philip Morris Products S.A.

DATES: Electronic or written comments on the application may be 
submitted beginning May 14, 2021. FDA will establish a closing date for 
the comment period as described in section I.

ADDRESSES: You may submit comments as follows:

Electronic Submissions

    Submit electronic comments in the following way:
     Federal eRulemaking Portal: https://www.regulations.gov. 
Follow the instructions for submitting comments. Comments submitted 
electronically, including attachments, to https://www.regulations.gov 
will be posted to the docket unchanged. Because your comment will be 
made public, you are solely responsible for ensuring that your comment 
does not include any confidential information that you or a third party 
may not wish to be posted, such as medical information, your or anyone 
else's Social Security number, or confidential business information, 
such as a manufacturing process. Please note that if you include your 
name, contact information, or other information that identifies you in 
the body of your comments, that information will be posted on https://www.regulations.gov.
     If you want to submit a comment with confidential 
information that you do not wish to be made available to the public, 
submit the comment as a written/paper submission and in the manner 
detailed (see ``Written/Paper Submissions'' and ``Instructions'').

Written/Paper Submissions

    Submit written/paper submissions as follows:
     Mail/Hand Delivery/Courier (for written/paper 
submissions): Dockets Management Staff (HFA-305), Food and Drug 
Administration, 5630 Fishers Lane, Rm. 1061, Rockville, MD 20852.
     For written/paper comments submitted to the Dockets 
Management Staff, FDA will post your comment, as

[[Page 26531]]

well as any attachments, except for information submitted, marked and 
identified, as confidential, if submitted as detailed in 
``Instructions.''
    Instructions: All submissions received must include the Docket No. 
FDA-2021-N-0408 for ``Modified Risk Tobacco Product Application: 
Application for the IQOS 3 System Holder and Charger Submitted by 
Philip Morris Products S.A.'' Received comments will be placed in the 
docket and, except for those submitted as ``Confidential Submissions,'' 
publicly viewable at https://www.regulations.gov or at the Dockets 
Management Staff between 9 a.m. and 4 p.m., Monday through Friday, 240-
402-7500.
     Confidential Submissions--To submit a comment with 
confidential information that you do not wish to be made publicly 
available, submit your comments only as a written/paper submission. You 
should submit two copies total. One copy will include the information 
you claim to be confidential with a heading or cover note that states 
``THIS DOCUMENT CONTAINS CONFIDENTIAL INFORMATION.'' The Agency will 
review this copy, including the claimed confidential information, in 
its consideration of comments. The second copy, which will have the 
claimed confidential information redacted/blacked out, will be 
available for public viewing and posted on https://www.regulations.gov. 
Submit both copies to the Dockets Management Staff. If you do not wish 
your name and contact information to be made publicly available, you 
can provide this information on the cover sheet and not in the body of 
your comments and you must identify this information as 
``confidential.'' Any information marked as ``confidential'' will not 
be disclosed except in accordance with 21 CFR 10.20 and other 
applicable disclosure law. For more information about FDA's posting of 
comments to public dockets, see 80 FR 56469, September 18, 2015, or 
access the information at: https://www.govinfo.gov/content/pkg/FR-2015-09-18/pdf/2015-23389.pdf.
    Docket: For access to the docket to read the electronic and 
written/paper comments received, go to https://www.regulations.gov and 
insert the docket number, found in brackets in the heading of this 
document, into the ``Search'' box and follow the prompts and/or go to 
the Dockets Management Staff, 5630 Fishers Lane, Rm. 1061, Rockville, 
MD 20852, 240-402-7500.

FOR FURTHER INFORMATION CONTACT: Samantha Loh Collado, Center for 
Tobacco Products, Food and Drug Administration, 10903 New Hampshire 
Ave., Bldg. 71, Rm. G335, Silver Spring, MD 20993-0002, 1-877-287-1373, 
email: [email protected].

SUPPLEMENTARY INFORMATION:

I. Background

    Section 911 of the Federal Food, Drug, and Cosmetic Act (FD&C Act) 
(21 U.S.C. 387k) addresses the marketing and distribution of modified 
risk tobacco products (MRTPs). MRTPs are tobacco products that are sold 
or distributed for use to reduce harm or the risk of tobacco-related 
disease associated with commercially marketed tobacco products. Section 
911(a) of the FD&C Act prohibits the introduction or delivery for 
introduction into interstate commerce of any MRTP unless an order 
issued by FDA pursuant to section 911(g) of the FD&C Act is effective 
with respect to such product.
    Section 911(d) of the FD&C Act describes the information that must 
be included in a MRTPA, which must be filed and evaluated by FDA before 
an applicant can receive an order from FDA. FDA is required by section 
911(e) of the FD&C Act to make a MRTPA available to the public (except 
for matters in the application that are trade secrets or otherwise 
confidential commercial information) and to request comments by 
interested persons on the information contained in the application and 
on the label, labeling, and advertising accompanying the application. 
The determination of whether an order is appropriate under section 911 
of the FD&C Act is based on the scientific information submitted by the 
applicant as well as the scientific evidence and other information that 
is made available to the Agency, including through public comments.
    Section 911(g) of the FD&C Act describes the demonstrations 
applicants must make to obtain an order from FDA under either section 
911(g)(1) or (2). The applicant, Philip Morris Products S.A., is 
seeking an order under section 911(g)(2) of the FD&C Act.
    FDA may issue an order under section 911(g)(2) of the FD&C Act with 
respect to a tobacco product that does not satisfy the section 
911(g)(1) standard. A person seeking an order under section 911(g)(2) 
of the FD&C Act must show that:
     Such an order would be appropriate to promote the public 
health;
     Any aspect of the label, labeling, and advertising for the 
product that would cause the product to be an MRTP is limited to an 
explicit or implicit representation that the tobacco product or its 
smoke does not contain or is free of a substance or contains a reduced 
level of a substance, or presents a reduced exposure to a substance in 
tobacco smoke;
     Scientific evidence is not available and, using the best 
available scientific methods, cannot be made available without 
conducting long-term epidemiological studies for an application to meet 
the standards for obtaining an order under section 911(g)(1) of the 
FD&C Act;
     The scientific evidence that is available without 
conducting long-term epidemiological studies demonstrates that a 
measurable and substantial reduction in morbidity or mortality among 
individual tobacco users is reasonably likely in subsequent studies;
     The magnitude of overall reductions in exposure to the 
substance or substances which are the subject of the application is 
substantial, such substance or substances are harmful, and the product 
as actually used exposes consumers to the specified reduced level of 
the substance or substances;
     The product as actually used by consumers will not expose 
them to higher levels of other harmful substances compared to the 
similar types of tobacco products then on the market unless such 
increases are minimal and the reasonably likely overall impact of use 
of the product remains a substantial and measurable reduction in 
overall morbidity and mortality among individual tobacco users;
     Testing of actual consumer perception shows that, as the 
applicant proposes to label and market the product, consumers will not 
be misled into believing that the product is or has been demonstrated 
to be less harmful or presents or has been demonstrated to present less 
of a risk of disease than one or more other commercially marketed 
tobacco products; and
     Issuance of the exposure modification order is expected to 
benefit the health of the population as a whole taking into account 
both users of tobacco products and persons who do not currently use 
tobacco products.
    Section 911(g)(4) of the FD&C Act describes factors that FDA must 
take into account in evaluating whether a tobacco product benefits the 
health of individuals and the population as a whole.
    FDA is issuing this notice to inform the public that an MRTPA for 
the IQOS 3 System Holder and Charger submitted by Philip Morris 
Products S.A. has been filed and is being made available for public 
comment. The applicant is seeking authorization to market a modified 
version of the IQOS system holder and charger that previously

[[Page 26532]]

received an order under section 911(g)(2) of the FD&C Act \1\ as an 
MRTP and is including information from the authorized MRTPA by cross-
reference.
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    \1\ The notice of availability for the IQOS MRTPAs that received 
a modified risk granted order appeared in the Federal Register of 
June 15, 2017 (82 FR 27487), and the docket containing notices and 
public comments, FDA-2017-D-3001, is accessible at: https://www.regulations.gov/docket/FDA-2017-D-3001/.
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    FDA will post the application documents, including those cross-
referenced from prior submissions previously authorized and those 
contained in any amendments, for public comment in batches on a rolling 
basis as they are redacted in accordance with applicable laws. In this 
document, FDA is announcing the availability of the first batch of 
application documents for public comment. FDA intends to establish a 
closing date for the comment period that is both at least 45 days after 
the date this notice publishes and at least 30 days after the final 
documents from the application are made available for public comment. 
FDA will announce the closing date at least 30 days in advance. FDA 
believes that this comment period is appropriate given the relatively 
low volume of information in the MRTPA that has not already been 
available for public comment as part of the previously authorized 
MRTPAs for the IQOS system. FDA will notify the public about the 
availability of application documents and comment period closing date 
via the Agency's web page for the MRTPA (see section II) and by other 
means of public communication, such as by email to individuals who have 
signed up to receive email alerts. FDA does not intend to issue 
additional notices in the Federal Register regarding the availability 
of additional application documents, including amendments, or the 
comment period for this MRTPA. To receive email alerts, visit FDA's 
email subscription service management website (https://www.fda.gov/about-fda/contact-fda/get-email-updates), provide an email address, 
scroll down to the ``Tobacco'' heading, select ``Modified Risk Tobacco 
Product Application Update'', and click ``Submit''. To encourage public 
participation consistent with section 911(e) of the FD&C Act, FDA is 
making the redacted MRTPA that is the subject of this notice available 
electronically (see section II).

II. Electronic Access

    Persons with access to the internet may obtain the application 
documents at either https://www.fda.gov/tobacco-products/advertising-and-promotion/philip-morris-products-sa-modified-risk-tobacco-product-mrtp-applications or http://www.regulations.gov.

    Dated: May 10, 2021.
Lauren K. Roth,
Acting Principal Associate Commissioner for Policy.
[FR Doc. 2021-10177 Filed 5-13-21; 8:45 am]
BILLING CODE 4164-01-P