•Result of 15 years of intense lobbying efforts
-By Brand and Generic Drug Firms
-Both Needed Something Important
Nội dung chính
- What was the purpose of the Food Drug and Cosmetic FDC Act of 1938 quizlet?
- What does the Food Drug and Cosmetic Act do for consumers quizlet?
- What is the Food Drug and Cosmetic Act of 1938?
- What is the purpose of the Federal Food Drug and Cosmetic Act?
•Streamlining of generic drug approval process
-"Abbreviated New Drug Application"
-Demonstration of Bio-equivalency = sufficient now
•
•"Patent term extensions" to brand name drugs
-Compensate for length of FDA Review process
-Extension capped at 5 extra years
•Applies equally to U.S. drugs and imports
•
•FDA cooperated with the U.S. Patent Office
•
•Requires FDA to publish the "Orange Book"
-Bio-equivalency of
"brand" to "generics"
-
•Didn't cure all ills of FDA drug review process
Upgrade to remove ads
Only SGD 41.99/year
- Social Science
- Law
- Civil Law
Flashcards
Learn
Test
Match
Flashcards
Learn
Test
Match
Terms in this set [43]
Pure Food and Drug Act of 1906
-Required drugs to be safe, but no pre-approval process
-Criminal penalty for violations
-No adulteration or misbranding
-USP standards of purity and quality followed unless manufacturing standards declared on the label
Sherley Amendment [1912]
A drug is misbranded if the drug makes false therapeutic claims
Purpose of FD&C
Limit interstate commerce to drugs proven safe and effective; prevents adulteration and misbranding of products
Elixir Sufanilamide Disaster of 1937
Antifreeze [diethylene glycol] was used in a medication and it killed many people - considered misbranding because it did not meet definition of an elixir
Could not be removed due to safety issues because FDA did not hold this power at the time - only removed due to the elixir misbranding
Proved that the Pure Food and Drug Act of 1906 did not work --> FD&C of 1938 creation
Requirements of FD&C
-FDA had to declare drugs safe before marketing
-Labels must have directions for use for consumer
Durham-Humphrey Amendment of 1951
-Established category of RX and OTC drugs and labeling requirements [legend drugs]
-Exemption from the rule that label of drugs has directions for consumer b/c it can be directed at pharmacist or doctor
instead
-Allows oral prescriptions and refills
Legend drugs
RX drugs; must contain on the label
Caution: Federal law prohibits dispensing without a prescription
Thalidomide Disaster of 1961
Taken by pregnant women for N/V in Europe, but was actually causing birth defects
This led to the FDA withholding approval in the USA - FD&C did its job
Kefauver-Harris Amendment of 1962
-New drugs must be proven safe AND effective before marketing
-Drugs before 1938 given grandfather status and can stay on the market if nothing changes including labeling
-Drugs between 1938 and 1962 must be proven safe and effective
-Requires informed consent and adverse effect reporting in clinical trials
-RX advertising given from FTC to FDA
-Established good manufacturing practices
Drug Efficacy Study Implementation [DESI]
Established by the FDA to review all products between 1938 and 1962 and determine if they are effective, since they were already proven safe
Conducted by National Academy of Sciences/National Research Council
New England Compounding Center
Had a recall because fungus inside of a steroid spinal injection was causing meningitis
Drug Quality and Security Act of 2013 [DQSA]
Created outsourcing facilities that must register with the FDA and comply with good manufacturing practices; do not have to be a pharmacy
Official compendium
the United States Pharmacopeia and the National Formulary [USP/NF]; official listing of recognized drugs in the US; and Homeopathic Pharmacopoeia of the United States; official compendia for homeopathic products in the US
Plus any supplements to these
Food
Articles used for food or drink for human or animals, gum, and components of these articles
Food additive
Directly or indirectly affects the characteristic of the food - all must be approved
EX: Packaging is indirect, preservative is direct
Drug
1] Recognized in the USP/NF/HUSP
2] Articles intended to diagnosis, treat, or prevent disease
3] Components of these articles
4] Structure-function claims
Structure function claim example
St Johns Wort impacts levels of serotonin in the brain [does not outright say depression]
New drug
Drugs that have not gone through the FDA process yet to be proven safe and effective - once it is approved its no longer considered new
Counterfeit drug
Drug bears the trademark of a manufacturer that did not actually manufacture it
Device
Apparatus that is recognized by the USP/NF or intended to diagnosis/treat/prevent disease or affects structure-function of the body
AND does not complete its purpose through chemical action within the body or metabolism
Cosmetic
Applied to the human body for altering appearance and any components of this article; does not include soap
Label vs labeling
Label - Anything directly on the container
Labeling - Directly on the container or accompanying
information like a package insert
Tobacco
Any product derived from tobacco for human consumption
Dietary supplement
Product intended to supplement the diet containing...
-Vitamin
-Mineral
-Herb
-Amino acid
-Increases dietary intake
-Metabolite or extract of anything described above
Not considered a food, drug, or food additive; it has its own category --> NOT OTC DRUGS
EX: St. John's Wort, Ginseng, Gingko, Saw Palmetto
Dietary Supplement Health and Education Act of 1994 [DSHEA]
Allows non-drug structure function claims
Can change a supplement into a drug but not a drug into a supplement
Major claim types
Structure-function: Must be truthful and does not need premarket approval
Health claim: Must have relationship between substance and disease; needs premarket approval
Drug claim: Subject to drug regulations; must cure, treat, prevent, or diagnosis
Labeling exclusions
If the information is reprinted in entirety and used in connection with sales; must be physically separated from the product and cannot say treatment on the cover page
EX: Brochure
Adulteration & Misbranding
FDA has burden of proof, but courts cannot defer to them; instead company has to prove it is not misbranded or adulterated
Considered this if it has harmful substance in it or has risk of illness under conditions of use on the label
OTC drugs
Must also be proven safe and effective
Labeled for the consumer and label regulated by the FDA
Federal Trade Commission [FTC]
Regulates advertising of OTC drugs
Orphan Drug Act
Incentives for manufacturers to make drugs for these diseases by giving 7 yrs of market exclusivity
Prescription Drug Marketing Act
Requirements for drug samples, prevents reselling drugs from hospitals, regulates wholesalers, and bans reimporting American made drugs except by the manufacturer
PDUFA and GDUFA
PDUFA --> Manufacturers pay fees for NDAs
GDUFA --> Generic manufacturers pay fees for ANDAs
Prescription drug user fee amendment
Generic drug user fee
amendment
United States vs Johnson
Showed weakness of Pure Food and Drug Act of 1906
Misbranding did not prevent false claims - only in relation to drug strength, quality, and purity - which led to manufacturers omitting label information out of fear of violation
Amendment in 1912 prevented false claims, but was difficult to prove fraudulent intent and enforce the amendment
Food Additives Amendment of 1958
Components of food must have premarket safety approval and contains the Delaney Clause which says that no additive can be linked to cancer
Color Additive Amendments of 1960
Safety of color additives must be established premarket and cannot cause cancer; a color can be approved for one use but not others
Drug Price Competition and Patent Term Restoration Act of 1984
Waxman-Hatch Amendment
Gives patent extensions to innovative drugs and streamlines generic approval
Food and Drug Administration Modernization Act of 1997
Requires FDA to define scope of responsibility in a mission statement and publish compliance plans after consulting with healthcare professionals and industry representatives
Creates fast track approvals for life saving drugs/medical devices and creates a data bank of clinical trial information
Expands authority on OTC drugs and ingredient labeling requirements
How does the FDA work?
Component of the Department of Health and Human Services, in which the commissioner is appointed by the President and Senate
Divided into five offices
-Our main focus is Office of Medical Products and Tobacco
Receives advice from outside experts on advisory committees
Medical food
A food to be taken under the supervision of a physician and intended for the dietary management of a disease/condition for which distinctive nutritional requirements are established by scientific evaluation
Not considered a drug nor is special dietary foods
Ephedra
Dietary supplement removed from the market due to its lack of safety
Supplement and Nonprescription Drug Consumer Protection Act of 2006
Requires supplement manufacturers to warn of adverse events
DHSEA criticisms
Makes it hard to remove unsafe supplements off of the market and prevents FDA from evaluating unsafe products premarket
FDA requires supplements to undergo good manufacturing practices, but cannot inspect products prior to marketing
Sets with similar termsLaw Lecture 2
53 terms
Kayla_Creel
Pharmacy Law
69 terms
carrie4022
Pharm Ch 1
41 terms
Deborah_Huber4
Combo with "PA 103 Law and Ethics Week #3" and 5 o…
93 terms
drvlh2016
Sets found in the same folderState Licensing & Regulation
33 terms
Sydkyd515
Pharmacy Technician Midterm
221 terms
kelly_wells
PTU -- Pharmacy Technician Roles, Package Inserts,…
99 terms
ALTAMT
module 2: laws, regulations, and controlled substa…
16 terms
Lisa_Tunnell5TEACHER
Other sets by this creatorLaw Review Packet
229 terms
Sydkyd515
Calculations
97 terms
Sydkyd515
Scope of Practice
11 terms
Sydkyd515
Maryland Controlled Substances
26 terms
Sydkyd515
Other Quizlet setsImmunology 1-
105 terms
mgl67
Geo Final Study Guide
33 terms
phillygildea
Abdomen - Case Based Questions
15 terms
stephanie_mallia
Econ Test 1
35 terms
waaa76
What was the purpose of the Food Drug and Cosmetic FDC Act of 1938 quizlet?
The United States Federal Food, Drug, and Cosmetic Act [abbreviated as FFDCA, FDCA, or FD&C], is a set of laws passed by Congress in 1938 giving authority to the U.S. Food and Drug Administration [FDA] to oversee the safety of food, drugs, and cosmetics.
What does the Food Drug and Cosmetic Act do for consumers quizlet?
The Pure Food and Drug Act of 1906 prohibited the sale of misbranded or adulterated food and drugs in interstate commerce and laid a foundation for the nation's first consumer protection agency, the Food and Drug Administration [FDA].
What is the Food Drug and Cosmetic Act of 1938?
FDR signed the Food, Drug, and Cosmetic Act on 25 June 1938. The new law brought cosmetics and medical devices under control, and it required that drugs be labeled with adequate directions for safe use.
What is the purpose of the Federal Food Drug and Cosmetic Act?
The enactment of the 1938 Food, Drug, and Cosmetic Act tightened controls over drugs and food, included new consumer protection against unlawful cosmetics and medical devices, and enhanced the government's ability to enforce the law.