Assyro AI

Title 21 CFR reference

Explore the full hierarchy of this title across chapters, subchapters, and parts.

Select a part from the tree to begin

Browse chapters and parts on the left to load sections

United States • Title 21 CFR • Part 338

Part 338PART 338—NIGHTTIME SLEEP-AID DRUG PRODUCTS FOR OVER-THE-COUNTER HUMAN USE

This part establishes the conditions for over-the-counter (OTC) nighttime sleep-aid drug products to be generally recognized as safe and effective. It defines nighttime sleep-aids, lists approved active ingredients (diphenhydramine hydrochloride and diphenhydramine citrate), and specifies detailed labeling requirements for identity, indications, warnings, and directions for use.

What this part covers

  • OTC nighttime sleep-aid drug products must meet conditions in this part and general conditions in § 330.1.
  • A nighttime sleep-aid is defined as a drug useful for occasional sleeplessness.
  • Approved active ingredients are diphenhydramine hydrochloride and diphenhydramine citrate.
  • Labeling must include a statement of identity as 'nighttime sleep-aid'.
  • Indications must state phrases like 'Helps you fall asleep if you have difficulty falling asleep' or 'For relief of occasional sleeplessness'.
  • Specific warnings are required, including age restrictions (not for children under 12), consultation with a doctor if sleeplessness persists, contraindications for certain medical conditions (breathing problems, glaucoma, prostate enlargement), and avoidance of alcohol and other sedatives.
  • Dosage instructions are provided for adults and children 12 years and over, specifying 50 mg of diphenhydramine hydrochloride or 76 mg of diphenhydramine citrate at bedtime as needed.
  • The term 'physician' can be substituted for 'doctor' in labeling.

Sections in Part 338

§ 338.1

Scope.

(a) An over-the-counter nighttime sleep-aid drug product in a form suitable for oral administration is generally recognized as safe and effective and is not misbranded if it meets each condition in this part and each general condition established in § 330.1 of this chapter. (b) References in this part to regulatory sections of the Code of Federal Regulations are to chapter I of title 21 unless otherwise noted.

§ 338.10

Nighttime sleep-aid active ingredients.

The active ingredient of the product consists of any of the following when used within the dosage limits established for each ingredient in § 338.50(d): (a) Diphenhydramine hydrochloride. (b) Diphenhydramine citrate.

§ 338.3

Definition.

As used in this part: Nighttime sleep-aid. A drug that is useful for the relief of occasional sleeplessness by individuals who have difficulty falling asleep.

§ 338.50

Labeling of nighttime sleep-aid drug products.

Statement of identity.(a) The labeling of the product contains the established name of the drug, if any, and identifies the product as a “nighttime sleep-aid.” Indications.(b) The labeling of the product states, under the heading “Indications,” one or more of the phrases listed in this paragraph. Other truthful and nonmisleading statements, describing only the indications for use that have been established and listed in this paragraph (b), may also be used, as provided in § 330.1(c)(2) of this chapter, subject to the provisions of section 502 of 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. (1) (“Helps you” or “Reduces time to”) “fall asleep if you have difficulty falling asleep.” (2) “For relief of occasional sleeplessness.” (3) “Helps to reduce difficulty falling asleep.” Warnings.(c) The labeling of the product contains the following warnings under the heading “Warnings”: (1) “Do not give to children under 12 years of age.” (2) “If sleeplessness persists continuously for more than 2 weeks,…

Regulatory Context

This document sits within United States CFR and is most useful when linked to operational submission, quality, and inspection workflows.

United StatesCFR

Related Terms

Operational Use Cases

Related Actions