Exam 1 - Lecture 1 Flashcards
Time Line of Federal Laws & Regulations
1906 - Pure Food and Drug Act
1938 - FD&C Act
1951 - Durham-Humphrey Amendment
1962 - Kefauver-Harris Amendement
1976 - Medical Device Amendment
1983 - Orphan Drug Act
1984 - Drug Price Competition and Patent Term Restoration Act
1987 - Prescription Drug Marketing Act
1994 - Dietary supplement Health and Education Act
2013- Drug Quality and Security Act (Title I compounding & Title II supply chain security)
Pure Food and Drug Act of 1906
- Prohibited the adulteration and misbranding of foods and drugs in interstate commerce
- Required drugs to meet standards- USP/NF
- Misbranding provision only prevented false claims regarding the drug’s identity (strength, quality, and purity) but not false or misleading efficacy claims.
- Did not give the FDA authority to ban unsafe drugs
FD&C Act
- Prompted by the Sulfanilamide elixir tragedy of 1937
- No New Drug can be approved until proven safe for use under the conditions described on the label and approved by the FDA
- Expanded definitions of misbranding and adulteration
- Required that labels must contain adequate directions for use and warning about the habit-forming properties of certain drugs
- Expanded law to cover cosmetics
Durham-Humphrey Amendment of 1951
- established two classes of drugs: prescription and OTC. (legend & non legend)
- amended the FD&C Act of 1938 provided that prescription drug products labels need not contain adequate directions for use as long as they contain “caution: federal law prohibits dispensing w/o a prescription”(Rx only)
- Allowed verbal prescriptions over phone and refills called in from physician’s office
Kefauver-Harris Amendment of 1962
added the efficacy requirement for drug products, which was made retroactive to 1938. Drug products marketed prior to 1938 remained exempted.
Medical Device Amendment of 1976
provide for more extensive regulation and administrative authority regarding safety and efficacy of medical devices.
Orphan Drug Act of 1983
provides incentives for manufacturers to develop and market drugs and biological for the treatment of rare diseases or conditions
Drug Price Competition and Patent Term Restoration Act of 1984
- Also known as Waxman-Hatch Amendment of 1984
- Facilitated approval process of generic drug while affording patent extensions to innovator drug products
- Created automatic approval for generic drugs by eliminating submission to FDA
- allowed for greater generic competition
Prescription Drug Marketing Act of 1987
- established requirements for prescription drug sample distributions and prohibits the resale of pharmaceutical by hospitals and other healthcare entities to other businesses
Dietary Supplement Health and Education Act of 1994 (DSHEA)
- FDA must regulate Dietary Supplements as food rather than drugs
- FDA cant require pre-market approval for supplements
- FDA required to prove that a dietary supplement is unsafe before removing from market
Rational for Federal Drug regulation?
Protection of the public against adulterer and misbranded drug products
Functions of FDA….
Rulemaking
Issue guidance documents
Incorporate advice from standing advisory committees of outside experts
Food and Drug Administration Info
- Under Department of Health and Human Services
- Lead by a Commissioner, appointed by President and confirmation by Senate
- Administrative agency w/ authority to oversee the safety of food, drug and cosmetics
- Rulemaking authority, develops regulations based on laws set forth in the FD&C Act
What is a drug?
(A) recognized by United States Pharmacopoeia (USP), official Homoeopathic Pharmacopoeia of the United States, or official National Formulary (NF)
(B) intended for use in diagnosis, cure, mitigation, treatment, or prevention of disease
(C) (Non-food) intended to affect structure or function of human body/animals
(D) intended for use as a component of A, B, or C above
What is a Food?
(1) articles used for food or drink for man or other animals,
(2) chewing gum, and
(3) articles used for
components of any such article.
What are Cosmetics?
(1) intended to be rubbed, poured, sprinkled, or sprayed on, introduced into, or otherwise applied to the human body or any part thereof for cleansing, beautifying, promoting attractiveness, or altering the appearance, and
(2) intended for use as a component of any such articles; except that such term shall not include soap.
What is a Device?
an instrument, apparatus, implement, machine, implant or other related article which is:
• Recognized in the USP/NF;
• Intended for diagnosis, cure, treatment or prevention; or
• Intended to affect the structure of human or animal body, and
which does not achieve its primary intended purpose by chemical action and is not dependent on metabolism to achieve its primary intended purpose.
What is a Dietary Supplement?
is a product (other than tobacco) intended to supplement the diet that bears or contains one or more of the following dietary ingredients:
(A) a vitamin;
(B) a mineral;
(C) an herb or other botanical;
(D) an amino acid;
(E) a dietary substance for use by man to supplement the diet by increasing the total dietary intake; or
(F) a concentrate, metabolite, constituent, extract, or combination of any ingredient described in clause (A), (B), (C), (D), or (E)
DSHEA permits four types of nutritional support claims, these are….
- Benefiting a classical nutrient deficiency disease
- Describing role of the DS in affecting the structure/function of the body
- Characterizing the mechanism by which a DS acts to maintain the structure or function
- Statements of general well-being
- Must be substantiated as truthful and not misleading*
- Label must contain disclaimer*
When does DSHEA permit health claims?
- if either FDA approves the claim by regulation or by the significant scientific agreement test