Prescription Drug Advertisements

Forms and Documents

Document Name	Status

No forms / supporting documents in this ICR. Check IC Document Collections.

IC Document Collections

IC ID	Document Title	Status
232749	GFI: Product Name Placement, Size, and Prominence in Promotional Labeling and Advertisements	New
196331	Prescription Drug Advertisements 3rd Party Disclosure Requirements	Unchanged
196327	Prescription Drug Advertisements Reporting Requirements	Unchanged

ICR Details

OMB Control No: 0910-0686	ICR Reference No: 201808-0910-010
Status: Active	Previous ICR Reference No: 201706-0910-014
Agency/Subagency: HHS/FDA	Agency Tracking No: CDER
Title: Prescription Drug Advertisements
Type of Information Collection: Revision of a currently approved collection	Common Form ICR:  No
Type of Review Request: Regular
OIRA Conclusion Action: Approved without change	Conclusion Date: 08/29/2018
	Date Received in OIRA: 08/21/2018
Terms of Clearance:

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	08/31/2021	36 Months From Approved	11/30/2020
Responses	126,159	0	21,804
Time Burden (Hours)	18,475,780	0	18,162,706
Cost Burden (Dollars)	0	0	0

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Abstract: This information collection supports FDA regulations regarding prescription drug advertising. Under authority of the Federal Food, Drug, and Cosmetic Act, FDA is responsible for ensuring that advertisements published in journals, magazines, newspapers, or other periodicals, as well as advertisements broadcast through media such as radio, television, and telephone communication systems comply with the public health protection provisions therein. Respondents to the information collection are sponsors of prescription drug product promotional material. The information collection also includes agency guidance clarifying the requirements for product name placement, size, prominence, and frequency in promotional labeling and advertisements for human and animal prescription drugs and prescription biological products.

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Authorizing Statute(s): US Code: 21 USC 301 et seq. Name of Law: FFDCA
  

Citations for New Statutory Requirements: None

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Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
	Not associated with rulemaking
	Other Documents for OIRA Review

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Federal Register Notices & Comments
60-day Notice:	Federal Register Citation:	Citation Date:
	78 FR 69691	11/20/2013
30-day Notice:	Federal Register Citation:	Citation Date:
	82 FR 58423	12/12/2017
Did the Agency receive public comments on this ICR? No

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Number of Information Collection (IC) in this ICR: 3

IC Title	Form No.	Form Name
Prescription Drug Advertisements Reporting Requirements
Prescription Drug Advertisements 3rd Party Disclosure Requirements
GFI: Product Name Placement, Size, and Prominence in Promotional Labeling and Advertisements

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ICR Summary of Burden

	Total Approved	Previously Approved	Change Due to New Statute	Change Due to Agency Discretion	Change Due to Adjustment in Estimate	Change Due to Potential Violation of the PRA
Annual Number of Responses	126,159	21,804	0	104,355	0	0
Annual Time Burden (Hours)	18,475,780	18,162,706	0	313,074	0	0
Annual Cost Burden (Dollars)	0	0	0	0	0	0

Burden increases because of Program Change due to Agency Discretion: Yes

Burden Increase Due to: Miscellaneous Actions

Burden decreases because of Program Change due to Agency Discretion: No

Burden Reduction Due to:

Short Statement: The information collection is being revised to include agency guidance on third-party disclosure. This is discussed in the supporting statement.

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Annual Cost to Federal Government: $0

Does this IC contain surveys, censuses, or employ statistical methods? No

Does this ICR request any personally identifiable information (see OMB Circular No. A-130 for an explanation of this term)? Please consult with your agency's privacy program when making this determination.     No

Does this ICR include a form that requires a Privacy Act Statement (see 5 U.S.C. §552a(e)(3))? Please consult with your agency's privacy program when making this determination.     No

Is this ICR related to the Affordable Care Act [Pub. L. 111-148 & 111-152]? No

Is this ICR related to the Dodd-Frank Wall Street Reform and Consumer Protection Act, [Pub. L. 111-203]? No

Is this ICR related to the American Recovery and Reinvestment Act of 2009 (ARRA)? No

Is this ICR related to the Pandemic Response? Uncollected

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Common Form ICR:  No

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On behalf of this Federal agency, I certify that the collection of information encompassed by this request complies with 5 CFR 1320.9 and the related provisions of 5 CFR 1320.8(b)(3).

The following is a summary of the topics, regarding the proposed collection of information, that the certification covers:

(a) It is necessary for the proper performance of agency functions;

(b) It avoids unnecessary duplication;

(c) It reduces burden on small entities;

(d) It uses plain, coherent, and unambiguous language that is understandable to respondents;

(e) Its implementation will be consistent and compatible with current reporting and recordkeeping practices;

(f) It indicates the retention periods for recordkeeping requirements;

(g) It informs respondents of the information called for under 5 CFR 1320.8 (b)(3) about:

(i) Why the information is being collected;

(ii) Use of information;

(iii) Burden estimate;

(iv) Nature of response (voluntary, required for a benefit, or mandatory);

(v) Nature and extent of confidentiality; and

(vi) Need to display currently valid OMB control number;

(h) It was developed by an office that has planned and allocated resources for the efficient and effective management and use of the information to be collected.

(i) It uses effective and efficient statistical survey methodology (if applicable); and

(j) It makes appropriate use of information technology.

If you are unable to certify compliance with any of these provisions, identify the item by leaving the box unchecked and explain the reason in the Supporting Statement.

Certification Date: 08/21/2018

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