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republic of the philippines department of health food and drug administration 1 2 3 fda circular 4 no 5 6 subject guidelines on labeling requirements of drug products under maximum ...

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                                                                                                                                                                                                                                                        Republic of the Philippines 
                                                                                                                                                                                                                                                                     Department of Health 
                                                                                                                                                                                                                FOOD AND DRUG ADMINISTRATION 
                                                   1                         
                                                        2                     
                                                         3                      FDA CIRCULAR 
                                                         4                      No. ____________ 
                                                   5                         
                                                   6                         
                                                                                                                      SUBJECT  :  Guidelines on Labeling Requirements of Drug Products under 
                                                                                                                                                                                                              Maximum Retail Price (MRP) 
                                                                                                                                                                                                               
                                                   7                                                                                                                                                               
                                                   8                                       
                                                   9                                       
                                             10                                            
                                             11                                    I.                           BACKGROUND 
                                             12                              
                                             13                                                                 It is the policy of the state to protect public health and, when the public interest or 
                                             14                                                                 circumstances of extreme urgency so require, it shall adopt appropriate measures to 
                                             15                                                                 promote and ensure access to affordable quality drugs and medicines for all. Chapter 3, 
                                             16                                                                 Section 26(a) of Republic Act (RA) No. 9502 entitled “Universally Accessible Cheaper 
                                             17                                                                 and Quality Medicines Act of 2008” stipulated that every drug product that is subject 
                                             18                                                                 to price regulation shall reflect the retail price which shall not exceed the maximum 
                                             19                                                                 retail price. To achieve the goal of this law to promote and ensure access to affordable 
                                             20                                                                 quality drugs and medicines for all, Executive Order (EO) No. 821 s. 2009 “Prescribing 
                                             21                                                                 the Maximum Drug Retail Prices for Selected Drugs and Medicines that Addresses 
                                             22                                                                 Diseases the Account for the Leading Causes of Morbidity and Mortality”, was issued 
                                             23                                                                 wherein 5 drug molecules or 27 drug formulas are subjected to price regulation. The 
                                             24                                                                 list of drug product under Maximum Retail Price (MRP) was expanded into 122 drug 
                                             25                                                                 molecules or 205 drug formulas under EO No. 104 s. 2020. On 07 December 2021, EO 
                                             26                                                                 No. 155 s. 2021 was issued for further improving access to healthcare through the 
                                             27                                                                 regulation of prices in the retail of drugs and medicines and repealing EO No. 821 s. 
                                             28                                                                 2009. The price regulation through MRP under EO No. 155 shall be imposed on the 
                                             29                                                                 additional 34 drug molecules or 71 drug formulas.  
                                             30                                     
                                             31                                                                 Section VII, 6.c of Administrative Order (AO) No. 2020-0039 “Guidelines in the 
                                             32                                                                 Implementation of Maximum Retail Price (MRP) on Drugs and Medicines” states that 
                                             33                                                                 the Food and Drug Administration (FDA) shall issue labeling requirement guidelines 
                                             34                                                                 for  MRP  medicines.  Relative  to  this,  AO  No.  2016-0008  “Revised  Rules  and 
                                             35                                                                 Regulations  Governing  the  Generic  Labeling  Requirements  of  Drug  Products  for 
                                             36                                                                 Human Use” stipulated the minimum mandatory requirements that shall be required to 
                                             37                                                                 appear on the label of products under MRP. 
                                             38                                
                                             39                                                                 To reduce the regulatory burden in the application and approval of the inclusion or 
                                             40                                                                 update of the MRP statement to the labeling materials of drug products, this Circular is 
                                             41                                                                 hereby issued. 
                                             42                              
                                             43                              
                                             44                              
                                             45                              
                                                                             
                                                                                       Civic Drive, Filinvest City, Alabang 1781 Muntinlupa, Philippines 
                                                                                                         Trunk Line +63 2 857 1900                                                                                                                                                   Fax  +63 2 807 0751 
                                                                                                          Website: www.fda.gov.ph                                                                                                                                             Email: info@fda.gov.ph 
                                                                             
               46          II.       OBJECTIVES 
               47                     
               48                   To provide a streamlined and rational application process for the change of labeling 
               49                   materials of drug products under MRP. 
               50                    
               51          III.      SCOPE 
               52                     
               53                   This shall apply to all licensed drug manufacturers, traders, and distributors of drugs 
               54                   products under MRP. 
               55                  
               56                  
               57          IV.  GUIDELINES 
               58                     
               59                    A.       The following MRP statement shall be printed on the primary and secondary 
               60                             packaging label of the drug product on a red strip (red background or red font) 
               61                             following Section VI.B.7 of AO No. 2016-0008: 
               62                           
                                                                         UNDER DRUG PRICE REGULATION 
                                                                    RETAIL PRICE NOT TO EXCEED [PRICE] 
               63                           
               64                                                                                OR 
               65         
               66         
                                                                         UNDER DRUG PRICE REGULATION 
                                                                    RETAIL PRICE NOT TO EXCEED [PRICE] 
               67         
               68                                                                                OR 
               69         
               70                           
                                                                         UNDER DRUG PRICE REGULATION 
                                                                    RETAIL PRICE NOT TO EXCEED [PRICE] 
               71                           
               72                             Example: 
               73                           
               74                                                               SECONDARY PACKAGING 
               75                           
               76                           
               77                           
               78                           
               79                           
               80                           
               81                                                                                                                                        Reg No.: 
               82                                                                    ATORVASTATIN 
               83                                                                       Brand Name 
               84                                                                     10 mg Film-Coated                                Batch No.: 
               85                                                                                                                      Expiry Date: 
                                                                                                                                             UNDER DRUG PRICE 
                                                                                                                                          REGULATION RETAIL PRICE 
               86                                                                                                                          NOT TO EXCEED PhP 34.35 
               87                           
               88         
                                                                                                                                                                Page 2 of 4 
                                                                                                                                                                                 
                       89              
                       90                                                                                                           PRIMARY PACKAGING 
                       91                                               
                       92                                               
                       93                                               
                       94                                               
                       95                                               
                       96                                               
                       97                                               
                       98                                               
                       99                                                                                        
                    100                                                 
                    101                                                 
                    102                                                 
                    103                                                 
                    104                                                 
                    105                                                                                                 UNDER DRUG PRICE REGULATION RETAIL PRICE              UNDER DRUG PRICE REGULATION RETAIL PRICE 
                                                                                                                                 NOT TO EXCEED PhP 34.35                               NOT TO EXCEED PhP 34.35 
                    106                                                                                                                                                        
                    107                                                 
                    108                                                 
                    109                                                For primary label such as blister pack/foil strip, MRP statement shall be printed 
                    110                                                on every standard blister pack/foil strip. This shall exclude drug products in small 
                    111                                                containers. 
                    112                                            
                    113                               B.               Existing  registered  drug  products  shall  follow  FDA  Circular  No.  2016-017 
                    114                                                “Additional Post-Approval Changes for Pharmaceutical Products”. The following 
                    115                                                documentary  requirements  shall  be  submitted  for  applications  of  Minor 
                    116                                                Variation-Notification [MiV-PH-N1] for the change or inclusion of the price or 
                    117                                                MRP statement: 
                    118                                                1. Notarized Application Form – Notification for Minor Variation/s of Registered 
                    119                                                       Pharmaceutical Product  
                    120                                                2. Integrated Application Form (IAF) in excel format 
                    121                                               3.  Portable Document Format (PDF) copy of the signed IAF 
                    122                                               4.  Electronic  copy  of  the  complete  documentary  requirements  and  pertinent 
                    123                                                        evidences supporting the changes (currently approved and proposed labeling 
                    124                                                        materials) 
                    125                                               5.  Declaration, signed by the Head of the Regulatory Office, that there is no other 
                    126                                                        changes except for the proposed variation; and 
                    127                                               6.   Proof of payment 
                    128                                                     
                    129                                 C.             Drug products for registration (New Drug under Monitored Release, Initial, and 
                    130                                                Drug Product for Emergency Use) shall bear the MRP statement in the labels 
                    131                                                upon submission of the application. 
                    132                
                    133                
                    134                  V.                 TRANSITION PERIOD  
                    135                                  
                    136                                     Registered drug products under the prescribed MRP shall be given one (1) year 
                    137                                     exhaustion  period  of  old  labeling  materials  at  the  manufacturing  level  after  the 
                    138                                     effectivity of this Circular.  
                                                                                                                                                                                                                                                        Page 3 of 4 
                                                                                                                                                                                                                                                                                
        139             
        140             Drug molecules or drug formula that will be included in succeeding EO of MRP shall 
        141             likewise be given one (1) year from effectivity of the EO to transition to the provisions 
        142             of this issuance and exhaust old labeling materials at the manufacturing level. 
        143              
        144     
        145      VI.    PENALTY 
        146             
        147             Violations of this Circular shall warrant the application of the penalties under the 
        148             applicable provisions of RA No. 9711 and RA 9502 and the Implementing Rules and 
        149             Regulations thereof. 
        150     
        151     
        152      VII.  SEPARABILITY CLAUSE 
        153                    
        154             If any provision in this Circular or application of such provision to any circumstances 
        155             is held invalid, the remainder of the provisions in this Circular shall not be affected. 
        156              
        157              
        158      VIII.  EFFECTIVITY 
        159             
        160             This Circular shall take effect fifteen (15) calendar days after publication in one (1) 
        161             newspaper  of  general  circulation  and  upon  filing  with  the  University  of  the 
        162             Philippines, Office of the National Administrative Register (ONAR). 
        163     
        164     
        165     
                                                                       FRANCISCO T. DUQUE III, MD, MSc 
                                                                                          Secretary of Health 
                                                                      
        166     
                                                                                                   Page 4 of 4 
                                                                                                              
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