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United States • Title 21 CFR • Part 330

Part 330PART 330—OVER-THE-COUNTER (OTC) HUMAN DRUGS WHICH ARE GENERALLY RECOGNIZED AS SAFE AND EFFECTIVE AND NOT MISBRANDED

This part outlines the general conditions for Over-the-Counter (OTC) human drugs to be considered Generally Recognized As Safe and Effective (GRASE) and not misbranded. It details requirements for manufacturing, establishment registration, product listing, labeling, advertising, inactive ingredients, container components, and specific warnings. It also establishes procedures for classifying OTC drugs and creating monographs.

What this part covers

  • OTC drugs must meet all conditions in this part and applicable monographs to be considered GRASE and not misbranded.
  • Manufacturing must comply with current Good Manufacturing Practices (21 CFR parts 210 and 211).
  • Manufacturing establishments must be registered, and drug products listed per 21 CFR part 207.
  • Labeling must comply with the Federal Food, Drug, and Cosmetic Act (FD&C Act) and relevant regulations, including specific format and content requirements (§ 201.66).
  • Advertising must align with the product's labeling claims.
  • Inactive ingredients must be safe and not interfere with the drug's effectiveness or testing.
  • Specific warnings like 'Keep out of reach of children' are mandatory, with provisions for exemptions.
  • Procedures for classifying OTC drugs and establishing monographs involve advisory review panels and public data submission.
  • Standards for safety and effectiveness are defined, emphasizing adequate testing, human experience, and clinical investigations.
  • The part lists various categories of OTC drugs for which monographs are established.

Sections in Part 330

§ 330.1

General conditions for general recognition as safe, effective and not misbranded.

An over-the-counter (OTC) drug listed in this subchapter is generally recognized as safe and effective and is not misbranded if it meets each of the conditions contained in this part and each of the conditions contained in any applicable monograph. Any product which fails to conform to each of the conditions contained in this part and in an applicable monograph is liable to regulatory action. (a) The product is manufactured in compliance with current good manufacturing practices, as established by parts 210 and 211 of this chapter. (b) The establishment(s) in which the drug product is manufactured is registered, and the drug product is listed, in compliance with part 207 of this chapter. It is requested but not required that the number assigned to the product pursuant to part 207 of this chapter appear on all drug labels and in all drug labeling. If this number is used, it shall be placed in the manner set forth in part 207 of this chapter. et seq.(c)(1) The product is labeled in compliance with chapter V of the Federal Food, Drug, and Cosmetic Act (the act) and subchapter C of this chapter, including the format and content requirements in § 201.66 of this chapter. An OTC drug…

§ 330.10

Procedures for classifying OTC drugs as generally recognized as safe and effective and not misbranded, and for establishing monographs.

For purposes of classifying over-the-counter (OTC) drugs as drugs generally recognized among qualified experts as safe and effective for use and as not misbranded drugs, the following regulations shall apply: Procedure for establishing OTC drug monographsAdvisory review panels.(a) —(1) The Commissioner shall appoint advisory review panels of qualified experts to evaluate the safety and effectiveness of OTC drugs, to review OTC drug labeling, and to advise him on the promulgation of monographs establishing conditions under which OTC drugs are generally recognized as safe and effective and not misbranded. A single advisory review panel shall be established for each designated category of OTC drugs and every OTC drug category will be considered by a panel. The members of a panel shall be qualified experts (appointed by the Commissioner) and may include persons from lists submitted by organizations representing professional, consumer, and industry interests. The Commissioner shall designate the chairman of each panel. Summary minutes of all meetings shall be made. Request for data and views.Federal Register041/2(2) The Commissioner will publish a notice in the requesting interested…

§ 330.11

NDA deviations from applicable monograph.

A new drug application requesting approval of an OTC drug deviating in any respect from a monograph that has become final shall be in the form required by § 314.50 of this chapter, but shall include a statement that the product meets all conditions of the applicable monograph except for the deviation for which approval is requested and may omit all information except that pertinent to the deviation. [39 FR 11741, Mar. 29, 1974, as amended at 55 FR 11581, Mar. 29, 1990]

§ 330.12

Status of over-the-counter (OTC) drugs previously reviewed under the Drug Efficacy Study (DESI).

(a) There were 420 OTC drugs reviewed in the Drug Efficacy Study (a review of drugs introduced to the market through new drug procedures between 1938 and 1962). A careful review has been made of the reports on these drugs to determine those drugs for which implementation may be deferred without significant risk to the public health, pending review by appropriate OTC drug advisory review panels and promulgation of a monograph. Federal Register04(b) On and after April 20, 1972, a number of notices were published in the concerning previously unpublished OTC drugs reviewed by the National Academy of Sciences-National Research Council Drug Efficacy Study Group. Only the evaluations and comments of the panels were published, with no conclusions of the Commissioner of Food and Drugs. Those publications were for the purpose of giving interested persons the benefit of the Academy's opinions. For those products, and also for OTC drug products previously published with the Commissioner's conclusions (except for the products listed in paragraphs (b) (1) and (2) of this section, all requests for data, revised labeling, requests for new drug applications, abbreviated new drug applications,…

§ 330.13

Conditions for marketing ingredients recommended for over-the-counter (OTC) use under the OTC drug review.

Federal Register04(a) Before the publication in the of an applicable proposed monograph, an OTC drug product that contains: (1) An active ingredient limited, on or after May 11, 1972, to prescription use for the indication and route of administration under consideration by an OTC advisory review panel, and not thereafter exempted from such limitation pursuant to § 310.200 of this chapter, or (2) An active ingredient at a dosage level higher than that available in an OTC drug product on December 4, 1975, shall be regarded as a new drug within the meaning of section 201(p) of the act for which an approved new drug application is required. (b)(1) An OTC drug product that contains: (i) An active ingredient limited, on or after May 11, 1972, to prescription use for the indication and route of administration under consideration by an OTC advisory review panel, and not thereafter exempted from such limitation pursuant to § 310.200 of this chapter, or Federal Register04(ii) An active ingredient at a dosage level higher than that available in an OTC drug product on December 4, 1975, which ingredient and/or dosage level is classified by the panel in category I (conditions subject to §…

§ 330.14

Additional criteria and procedures for classifying OTC drugs as generally recognized as safe and effective and not misbranded.

This section sets forth additional criteria and procedures by which over-the-counter (OTC) drugs initially marketed in the United States after the OTC drug review began in 1972 and OTC drugs without any U.S. marketing experience can be considered in the OTC drug monograph system. This section also addresses conditions regulated as a cosmetic or dietary supplement in a foreign country that would be regulated as OTC drugs in the United States. Section 330.15 sets forth timelines for FDA review and action. Definitions.(a) The definitions and interpretations contained in section 201 of the Federal Food, Drug, and Cosmetic Act and the following definitions of terms apply to this section and to § 330.15. Botanical drug substance(1) means a drug substance derived from one or more plants, algae, or macroscopic fungi, but does not include a highly purified or chemically modified substance derived from such a source. Condition(2) means an active ingredient or botanical drug substance (or a combination of active ingredients or botanical drug substances), dosage form, dosage strength, or route of administration, marketed for a specific OTC use, except as excluded in paragraph (b)(2) of…

§ 330.15

Timelines for FDA review and action on time and extent applications and safety and effectiveness data submissions.

Applicability.(a) This section applies to the review of a condition in a time and extent application (TEA) submitted under § 330.14 for consideration in the over-the-counter (OTC) drug monograph system. This section does not apply to: (1) A sunscreen active ingredient or combination of sunscreen active ingredients, and other conditions for such ingredients; or (2) A non-sunscreen active ingredient or combination of non-sunscreen active ingredients, and other conditions for such ingredients submitted in a TEA under § 330.14 before November 27, 2014, subject to section 586F(a)(1)(C) of the Federal Food, Drug, and Cosmetic Act. Metrics.(b) FDA will maintain and update annually, a publicly available posting of metrics for the review of TEAs and safety and effectiveness data submissions that are subject to the timelines in this section. The posting will contain the following information for tracking the extent to which the timelines set forth in paragraph (c) of this section were met during the previous calendar year. (1) Number and percent of eligibility notices or ineligibility letters issued within 180 days of submission of a TEA; (2) Number and percent of filing determinations…

§ 330.2

Pregnancy-nursing warning.

A pregnancy-nursing warning for OTC drugs is set forth under § 201.63 of this chapter. [47 FR 54758, Dec. 3, 1982]

§ 330.3

Imprinting of solid oral dosage form drug products.

A requirement to imprint an identification code on solid oral dosage form drug products is set forth under part 206 of this chapter. [58 FR 47959, Sept. 13, 1993]

§ 330.5

Drug categories.

Monographs promulgated pursuant to the provisions of this part shall be established in this part 330 and following parts and shall cover the following designated categories: (a) Antacids. (b) Laxatives. (c) Antidiarrheal products. (d) Emetics. (e) Antiemetics. (f) Antiperspirants. (g) Sunburn prevention and treatment products. (h) Vitamin-mineral products. (i) Antimicrobial products. (j) Dandruff products. (k) Oral hygiene aids. (l) Hemorrhoidal products. (m) Hematinics. (n) Bronchodilator and antiasthmatic products. (o) Analgesics. (p) Sedatives and sleep aids. (q) Stimulants. (r) Antitussives. (s) Allergy treatment products. (t) Cold remedies. (u) Antirheumatic products. (v) Ophthalmic products. (w) Contraceptive products. (x) Miscellaneous dermatologic products. (y) Dentifrices and dental products such as analgesics, antiseptics, etc. (z) Miscellaneous (all other OTC drugs not falling within one of the above therapeutic categories).

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