[Federal Register: June 27, 2005 (Volume 70, Number 122)]
[Rules and Regulations]
[Page 36836]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr27jn05-14]
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CONSUMER PRODUCT SAFETY COMMISSION
16 CFR Part 1700
Poison Prevention Packaging; Notice of Lifing of Stay of
Enforcement for Lidoderm[reg] Patch
AGENCY: Consumer Product Safety Commission.
ACTION: Lifting Stay of Enforcement.
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SUMMARY: This notice announces the Commission's decision to lift a stay
enforcement of special packaging requirements for the drug
Lidoderm[reg]. The Commission issued the stay in August of 2001. The
manufacturer of Lidoderm[reg] is now using packaging that complies with
special packaging requirements.
DATES: The action will be effective on June 27, 2005.
FOR FURTHER INFORMATION CONTACT: Geri Smith, Office of Compliance,
Consumer Product Safety Commission, Washington, DC 20207; telephone
(301) 504-7529.
SUPPLEMENTARY INFORMATION: In 1995, the Commission issued a regulation
under the Poison Prevention Packaging Act (``PPPA'') requiring child
resistant (``CR'') packaging for lidocaine products with more than 5
milligrams (mg) of lidocaine in a single package. 16 CFR 1700.14
(a)(23).
Lidoderm[reg] is a single-use dermal patch that contains lidocaine.
Lidoderm[reg] is prescribed to treat post-herpetic neuralgia (``PHN''),
a rare, chronic condition that results from nerve injury caused by
shingles. Each Lidoderm[reg] patch contains 700 mg lidocaine. Under the
PPPA, if a product requires special packaging, the immediate container
of the product must be CR. This means that for Lidoderm[reg] to comply
with the PPPA, each patch must be packaged in an individual CR pouch,
or multiple patches that are not packaged in individual CR pouches must
be packaged together in a single resealable CR pouch without envelopes.
On August 14, 2000, the manufacturer of Lidoderm[reg], Endo
Pharmaceuticals Inc. (``Endo''), petitioned the Commission for a
partial exemption for Lidoderm[reg] from special packaging requirements
stating that ``it is not practicable to market each Lidoderm[reg] patch
in a child-resistant envelope.'' At that time, Lidoderm[reg] was
marketed in the form of five patches inside a non-CR resealable
envelope. One non-CR carton of Lidoderm[reg] contained six envelopes
(each envelope contained five patches) for a total of 30 patches per
carton. Endo asserted that placing each patch in a CR envelope would be
cost prohibitive and would force it to discontinue production of
Lidoderm[reg].
The Commission declined to issue the exemption that Endo requested
because, as explained in the August 30, 2001 stay notice, under the
PPPA, the expense of special packaging cannot be the basis for an
exemption. 66 FR 45842. However, the Commission did agree to stay
enforcement of the special packaging requirements for Lidoderm[reg]
under certain conditions specified in the notice of the stay. Id.
Endo has informed the Commission that it is now packaging
Lidoderm[reg] patches in CR packaging in full compliance with the PPPA
requirements (each single-use patch is packaged in an individual CR
pouch). Because the stay of enforcement is no longer necessary, the
Commission has decided to lift the stay. This means that Lidoderm[reg],
like any other item requiring special packaging under the Commission's
PPPA regulations, must comply with all PPPA special packaging
requirements.
Dated: June 22, 2005.
Todd Stevenson,
Secretary, Consumer Product Safety Commission.
[FR Doc. 05-12673 Filed 6-24-05; 8:45 am]
BILLING CODE 6355-01-P