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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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