The Tobacco Control Act s Premarket Review Authorities: Reports on Substantial Equivalence and Exemption Requests (905(j))

Similar documents
Effective and Compliance Dates Applicable to Retailers, Manufacturers, Importers, and Distributors of Newly Deemed Tobacco Products

TOBACCO PRODUCT OR MEDICAL PRODUCT?

Mitch Zeller, Director, Center for Tobacco Products, FDA September 19, 2013 Kansas Public Health Association

UPDATE ON PREMARKET TOBACCO PRODUCT AUTHORIZATION PATHWAY

Tobacco-related risk perceptions in the regulation of tobacco products at the FDA Center for Tobacco Products

FDA s Action Agenda to Reduce Tobacco Related-Cancer Incidence and Mortality

Planning For The FDA s 'Deeming Rule' For E- Cigarettes

FDLI s Enforcement, Litigation, and Compliance Conference. Center for Tobacco Products Office of Compliance and Enforcement 2017 Update

FDA Center for Tobacco Products: Tobacco Research and the Population Assessment of Tobacco and Health (PATH) Study

UNITED STATES REGULATION OF TOBACCO PRODUCTS. Presented by Mitch Zeller Center Director FDA Center for Tobacco Products

Philip Morris USA Inc. v. FDA

RESULTS AT A GLANCE. FDA Oversight of Tobacco Manufacturing Establishments. HHS OIG Data Brief August 2017 OEI

6/2/2015. Welcome to VAPE U! Module V: Legal Challenges in the E-Liquid Market

The Family Smoking Prevention and Tobacco Control Act s Grant of Authority to the FDA and the Impact on the Grower

Modified Risk Tobacco Product Applications A Succinct ENDS Industry Perspective

UPDATES FROM THE FDA CENTER FOR TOBACCO PRODUCTS (CTP)

Section 1. Object The object of these regulations is to limit the damage to health caused by the use of tobacco.

Introduction to Product Regulation Under the Family Smoking Prevention & Tobacco Control Act

The Legal Resource Center for Public Health Policy provides information and technical assistance on issues related to public health in Maryland.

Three-Month Extension of Certain Tobacco Product Compliance Deadlines Related to the

Distillers Grains Opportunities and Challenges

Understanding the Tobacco Control Act

GENERAL INFORMATION AND INSTRUCTIONS

Final Rule for Preventive Controls for Animal Food

WHO Framework Convention on Tobacco Control

Teva Pharmaceuticals USA Attention: Scott D. Tomsky Vice President, US Generics Regulatory Affairs 425 Privet Road Horsham, PA 19044

The Marketing of a Food Ingredient Understanding a System that has Worked for 105 Years

SFIREG Issue Paper: Pesticide Use on Cannabis State Established Pesticide Residue Action Levels

Addressing the Challenge of ENDS Regulation. David Graham President & Managing Partner Reveritas Group

Use of Light, Mild, Low, or Similar Descriptors in the Label, Labeling, or Advertising of Tobacco Products

NDI: LOOKING BACK & AHEAD

2014 FDA/JIFSAN Food & Nutrition Webinar

Speakers. Speakers. Tackling Tobacco in California: New Laws Regulating Tobacco Sales 8/18/2016. Derek Carr Legal Fellow ChangeLab Solutions

December 4, 2017 VIA ELECTRONIC SUBMISSION

Challenges and Opportunities: Implementing the Tobacco Control Act

STANDARDISED PACKAGING AND TOBACCO PRODUCTS DIRECTIVE

CIGARETTE FIRE SAFETY AND FIREFIGHTER PROTECTION ACT Act of Jul. 4, 2008, P.L. 518, No. 42 Cl. 35 AN ACT

Foreign Supplier Verification Programs for Importers of Food for Humans and Animals

consistent with the industry documents we note in our September letter.

STANDARDISED PACKAGING AND TOBACCO PRODUCTS DIRECTIVE

HOW TO: Collect Information Required For The FDA s E-Liquid and E-Vapor Device Ingredient Listing Reports

Family Smoking Prevention and Tobacco Control Act. Comments regarding crop protection agents

E-Cigs, Etc.: Policy Options for Regulating Nicotine Delivery Devices. Indiana Local Boards of Health Webinar Feb. 12, 2015

UPDATES TO CALIFORNIA PROPOSITION 65 GUIDELINES

Communicating the Risk of Nicotine Delivery Products

Use of Standards in Substantial Equivalence Determinations

REGULATIONS OF THE PLYMOUTH BOARD OF HEALTH FOR TOBACCO SALES IN CERTAIN PLACES & SALE OF TOBACCO PRODUCTS TO MINORS

Agency Information Collection Activities; Submission for Office of Management and Budget

MODIFIED RISK TOBACCO PRODUCT MARKETING DECISIONS

Taylor C. Wallace, PhD, CFS, FACN, March 22, 2018

Country profile. Gambia. Note: Where no data were available, " " shows in the table. Where data were not required, " " shows in the table.

Food Safety Modernization Act - Impacts on the Grain and Feed Industry

An Overview of the Government of Canada s Approach to Legalize, Regulate and Restrict Access to Cannabis. February 2018

An Overview of the Government of Canada s Approach to Legalize, Regulate and Restrict Access to Cannabis

G O L D E N S E A L R O O T P O W D E R

PUBLIC CONSULTATION DOCUMENT

Dietary Supplement Health and Education Act of 1994 Public Law rd Congress

Cigarette Papers, Legal Compliance USA/Europe 05/24/2011. Cigarette Papers. Williamsburg, VA May 22-24, 2011

510(k) submissions. Getting US FDA clearance for your device: Improving

Alignment of FSMA with Existing Food Safety Programs International Citrus & Beverage Conference

Country profile. Austria

Guidance for Industry DRAFT GUIDANCE. This guidance document is being distributed for comment purposes only.

The proposed rule is significant, and the requirements and exceptions are complex. Key provisions of the proposal are described below.

Class II Special Controls Guidance Document: Intraoral Devices for Snoring and/or Obstructive Sleep Apnea; Guidance for Industry and FDA

Draft Guidance for Industry

FDLI Annual Conference

ACHIEVING SMOKEFREE AOTEAROA BY2025

Key findings from a national survey of 1,000 registered voters, conducted February 2-5, Project # 15054

Country profile. Timor-Leste

FDA Regulation of Diagnostic Tests Jeffrey N. Gibbs Hyman, Phelps & McNamara, P.C. Washington, DC

AN UPDATE ON FDA S COMPREHENSIVE PLAN ON TOBACCO AND NICOTINE

Nutrition Keys. GMA-FMI Voluntary Front-of-Pack Nutrition Labeling System. FINAL D R A F T Style Guide For Implementers.

Country profile. Republic of Moldova

POSSIBLE REVISION OF THE TOBACCO PRODUCTS DIRECTIVE 2001/37/EC PUBLIC CONSULTATION DOCUMENT

51ST LEGISLATURE - STATE OF NEW MEXICO - FIRST SESSION, 2013

May 7, Dear Mr. Landa:

Country profile. Myanmar

(Cochineal Extract and Carmine: Declaration by Name on the Label of All Foods and Cosmetic Products That Contain These Color Additives)

Preparing a US FDA Medical Device 510(K) Submission

ORDER OF THE LIEUTENANT GOVERNOR IN COUNCIL

Country profile. Lebanon

Country profile. Nepal

Inter-Agency Overlap and Jurisdictional Boundaries

FDA Tobacco Retailers Compliance Program Presentation

Can a system like the U.S. OTC monographs work for ENDS?

TOP Tobacco Republic Tobacco. FDA Regulation 35 Month Review May 21, 2012

Overview of the Legal Framework for Medical Device Regulation in the United States

REQUEST FOR COUNCIL ACTION

February 15, AtriCure, Inc. Melissa Smallwood Regulatory Affairs Specialist 7555 Innovation Way Mason, Ohio 45040

THE STATE OF TOBACCO CONTROL LAW & POLICY THE NATIONAL LANDSCAPE OF FEDERAL, STATE AND LOCAL REGULATION

Policy Options for the Regulation of Electronic Cigarettes

Draft Guidance for Industry

Country profile. Hungary

After the FDA Tobacco Control Law: Which Policies Are Legal To Pursue?

NOV Jo 6) ' 510(k) Summary

Country profile. Italy

Overview of Regulatory Science of Food Contact Substances

Smoke Free Public Housing

- Decree nº (January 2 nd, 2006) Promulgates the Framework Convention on Tobacco Control

Transcription:

The Tobacco Control Act s Premarket Review Authorities: Reports on Substantial Equivalence and Exemption Requests (905(j)) January 12, 2011 Cristi Stark, MS Senior Regulatory Health Project Manager Office of Science Center for Tobacco Products

Presentation Outline Premarket Authorities New Tobacco Products and Marketing Substantial Equivalence Substantial Equivalence Exemption Frequently Asked Questions

Tobacco Overview Current Tobacco Products Regulated by FDA Cigarettes Roll-your-own Smokeless Tobacco Control Act is a Public Health Law Science-based regulation CTP makes the decision as to the appropriateness for public health

Why Are Premarket Authorities Important? Beginning in March 2011, manufacturers must submit new tobacco products for FDA review Generally, the premarket provisions provide FDA with authority over a tobacco product before it enters the market. New products that do not meet the statutory premarket requirements cannot be legally marketed (misbranded and adulterated).

What is a New Tobacco Product? Section 910(a) of the Tobacco Control Act defines new tobacco product as: - (A) any tobacco product (including those products in test markets) that was not commercially marketed in the United States as of February 15, 2007; or

New Tobacco Product (cont d): Section 910(a) defines new tobacco product as: - (B) any modification (including a change in design, any component, any part, or any constituent, including a smoke constituent, or in the content, delivery or form of nicotine, or any other additive or ingredient) of a tobacco product where the modified product was commercially marketed in the United States after February 15, 2007.

Options for Marketing New Tobacco Products: In general, three pathways to enter commercial distribution as a new tobacco product: (1) a report of substantial equivalence and compliance with the Act (905(j)(1)(A)(i)); (2) exemption from substantial equivalence (905(j)(3), must also report under 905(j)(1)(A)(ii)); or (3) new product application (910(b)). This presentation focuses on the 905(j) report and exemption from substantial equivalence pathways.

Substantial Equivalence (SE)

Substantial Equivalence Notes of Interest FDA s determination of substantially equivalent (or not) to a predicate tobacco product is a necessary foundation for protecting the public health. FDA reviews a substantial equivalence report (905(j) report) and issues an order that a tobacco product is substantially equivalent (or not) for marketing: Interim products: submit 905(j) report by March 22, 2011, and market unless FDA issues an order that the tobacco product is not substantially equivalent (see 910(a)(2)(B)). New tobacco products with 905(j) reports submitted March 23, 2011 and after: the manufacturer must wait for an FDA order of substantial equivalence prior to marketing

Substantial Equivalence Section 910(a)(3) defines substantial equivalence as: with respect to the new tobacco product being compared to the predicate tobacco product, that the FDA by order has found that the new product (1) has the same characteristics as the predicate tobacco product; or (2) has different characteristics and the information submitted contains information, including clinical data if deemed necessary by FDA, that demonstrates that it is not appropriate to regulate the product under section 910 (premarket application) because the product does not raise different questions of public health.

Characteristics Section 910(a)(3)(B) defines characteristics as the materials, ingredients, design, composition, heating source, or other features of a tobacco product. CTP has interpreted other features as: Harmful and/or Potentially Harmful Constituents (HPHC) Any additional characteristics

Predicate Tobacco Product Section 905(j)(1)(A) states that the manufacturer must include information in the 905(j) report that explains why the new product is substantially equivalent to a tobacco product commercially marketed (other than for test marketing) in the United States as of February 15, 2007, or to a tobacco product that FDA has previously determined is substantially equivalent and in compliance with the requirements of the Act. In short, the predicate product.

Substantial Equivalence: Statutory Framework As an alternative to a premarket application under 910, a manufacturer--at least 90 days prior to introducing the product into interstate commerce for commercial distribution--may submit a report intended to demonstrate the tobacco product is: (1) Substantially equivalent to a predicate tobacco product; (2) In compliance with the requirements of the Act; and (3) In compliance with any applicable standards. (sections 905(j)(1) and 910(a))

Substantial Equivalence Guidance Broad guidance explaining: recommendations for information that should be included with substantial equivalence reports, including information on substantial equivalence to a predicate and compliance with the requirements of the Act. Recommendations include information on the following: (1) Single predicate

Substantial Equivalence Guidance (cont d) Broad guidance explaining: recommendations for information that should be included with premarket reports, including information on substantial equivalence to a predicate and compliance with the requirements of the Act. Recommendations include information on the following: (2) When the predicate product is a product previously found substantially equivalent (SE) by FDA, the new product should also be compared to a grandfathered product;

Substantial Equivalence Guidance (cont d) Broad guidance explaining: recommendations for information that should be included with premarket reports, including information on substantial equivalence to a predicate and compliance with the requirements of the Act. Recommendations include information on the following: (3) Characteristics to be reported: -design features -ingredients -materials -composition -heating source -HPHC

Substantial Equivalence Guidance (cont d) Broad guidance explaining: recommendations for information that should be included with premarket reports, including information on substantial equivalence to a predicate and compliance with the requirements of the Act. Recommendations include information on the following: (4) Other information FDA needs to make a determination to demonstrate the new product does not raise different questions of public health. -clinical data -abuse liability data -consumer perception studies -toxicology data

Enforcement Discretion At this time, FDA does not intend to enforce the requirements of sections 910 and 905(j) for: Tobacco blending changes required to address the year-to-year variation of tobacco crops Components (e.g., filters, papers) of regulated tobacco products that are sold or distributed solely for further manufacturing into finished tobacco products CTP intends to work on a case-by-case basis with manufacturers of tobacco products first marketed between February 15, 2007 and March 22, 2011 who submit reports as required.

SE Guidance Summary Includes recommendations related to describing a new tobacco product s characteristics (materials, ingredients, design, composition heating source, other features) and how the new product compares to the predicate tobacco product. Includes a recommendation that information on HPHC be included as part of addressing other features of the new tobacco product. Recommends that the manufacturer report levels of HPHC with a side-by-side comparison to the predicate tobacco product and, where applicable, to a grandfathered tobacco product. When a predicate is a product previously found SE by FDA, the new product should also be compared to a grandfathered tobacco product. In the case of products with characteristics different from the predicate, to help ensure that the product does not raise different questions of health, the guidance explains that FDA may request: Additional data on clinical endpoints, abuse liability [addiction potential], toxicology, and consumer health risk perception. Enforcement discretion is currently being utilized for: certain tobacco blending changes components of regulated tobacco products that are sold/distributed solely for further manufacturing

Substantial Equivalence Exemption

Substantial Equivalence Exemption: Statutory Framework FDA may exempt from substantial equivalence requirements tobacco products that are modified by adding or deleting an additive or increasing or decreasing the quantity of an existing additive, if FDA determines that-- (1) the modification is a minor modification to a tobacco product that can be sold under the Act, (2) A 905(j) (substantial equivalence) report is not necessary to ensure the marketing of the product is appropriate for the protection of public health, and (3) The exemption is otherwise appropriate.

Exemption from Substantial Equivalence (cont d) After obtaining an exemption determination under 905(j)(3) need to report to FDA at least 90 days before introducing a tobacco product into interstate commerce for commercial distribution the basis for determining: (1) the product is modified as described in 905(j)(3); (2) the modifications are to a product that is commercially marketed and in compliance with the Act; (3) all modifications are covered by exemptions granted pursuant to 905(j)(3); and (4) action taken to comply with applicable requirements under 907 (standards). (905(j)(1)(A)(ii) and (B))

Draft Proposed Rule on Exemptions The proposed rule would implement section 905(j)(3) (establishing a process for making an exemption request). Under the proposed rule, the exemption request: (1) may be made only by the manufacturer of a legally marketed tobacco product for a minor modification to that manufacturer s product; (2) must include detailed information describing the modification and how the statutory criteria are met; (3) must be submitted electronically; (4) must include a certification by a responsible official that the change does not increase the tobacco product s appeal to/use by minors, toxicity, or addictiveness/abuse liability. Proposal does not include categories of modifications.

Some Points to Remember-- Submitting a 905(j) report by March 22, 2011, enables a tobacco product that was introduced into commercial distribution after February 15, 2007, and before March 22, 2011, to continue legal marketing (unless FDA determines the product is not SE). CTP intends to work on a case-by-case basis with manufacturers of tobacco products first marketed between February 15, 2007 and March 22, 2011 who submit reports as required. On or after March 22, 2011, new products must obtain FDA review and an order prior to marketing. Enforcement discretion for certain tobacco blending changes and components of regulated tobacco products sold/distributed solely for further manufacturing. Exemption proposal does not include categories of exemptions.

Frequently Asked Questions Are cigarette rolling papers subject to the Substantial Equivalence requirements? If we introduce a new cigarette rolling paper, does that need FDA approval even though there is no tobacco in the paper? If approval is needed, how is that done?

Frequently Asked Questions (cont d) We are an importer of fine papers for the cigarette industry. We import tipping base, plugwrap and cigarette paper used to manufacture Tipping Paper, Filters and Cigarettes. We understand that FDA intends to limit its enforcement of the requirements of Section 910 and 905(j) to finished, regulated tobacco products. Are we in compliance under the Tobacco Control Act if we do not file any reports under section 905(j) and 910 at this time? Is there a date when we are required to file these reports? We also import generic (no-name) cigarette paper booklets and tubes that are used by tobacco product manufacturers as part of kits and are not sold separately to consumers or are being used for internal laboratory testing. Please provide guidance and advice regarding our responsibility to file reports under Section 910 and 905(j) for these products.

Frequently Asked Questions (cont d) In the guidance document, what does FDA mean by the phrase "tabular format"? Do companies have flexibility in creating tables or spreadsheets to present their information, or are there specific rows/columns the Agency expects to see?

Frequently Asked Questions (cont d) Whose responsibility is it to know when a product was first commercially marketed?

Frequently Asked Questions (cont d) Would a cigarette be a "new tobacco product," and subject to a Substantial Equivalence filing, if the cigarette was marketed before February 15, 2007 but the packaging has been changed for compliance with the new tobacco law (e.g., removal of descriptors of light, low, mild, addition of graphic warnings, etc.) or due to other factors (e.g., a change from hard pack to soft pack, a de minimis change such as font size, ink color, background color, etc)?

Frequently Asked Questions (cont d) Do I need to file? I am with a small business that was established before February 2007. I have the same product...just switched the supplier of the dressing/conditioner. This was listed in my ingredients when I submitted it.

Frequently Asked Questions (cont d) I have a question for you concerning the proposed rule in the Federal Register on Thursday, Jan 6, 2011: Tobacco Products, Exemptions From Substantial Equivalence Requirements http://edocket.access.gpo.gov/2011/2011-34.htm Can you tell me if this is expected to affect foreign manufacturers of tobacco products?

Frequently Asked Questions (cont d) When can I submit a request for an exemption from the substantial equivalence requirements?

Frequently Asked Questions (cont d) Has FDA considered allowing the current proposed rule to act as a safe harbor for manufacturers who are acting in good faith? FDA has already stated it will do so with respect to the guidance. I think having no route for the exemptions actually puts a greater burden on both the industry and FDA. It allows for or will create, more (tasks) then we're already going to see. FDA has already noted that it is going to use enforcement discretion with regard to the applications themselves. And again, I wonder whether you have considered or will consider using the current proposed rule as a safe harbor. Thank you.

Questions? CTP Call Center: 1-877-287-1373 (9:00am 4:00pm ET) AskCTP@fda.hhs.gov http://www.fda.gov/tobaccoproducts/resourc esforyou/forindustry/ucm238891.htm