[Code of Federal Regulations]
[Title 21, Volume 4]
[Revised as of April 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 21CFR201.64]

[Page 40-42]
 
                        TITLE 21--FOOD AND DRUGS
 
CHAPTER I--FOOD AND DRUG ADMINISTRATION, DEPARTMENT OF HEALTH AND HUMAN 
                          SERVICES (CONTINUED)
 
PART 201_LABELING--Table of Contents
 
       Subpart C_Labeling Requirements for Over-the-Counter Drugs
 
Sec. 201.64  Sodium labeling.

    (a) The labeling of over-the-counter (OTC) drug products intended 
for oral ingestion shall contain the sodium content per dosage unit 
(e.g., tablet, teaspoonful) if the sodium content of a single 
recommended dose of the product (which may be one or more dosage units) 
is 5 milligrams or more. OTC drug products intended for oral ingestion 
include gum and lozenge dosage forms, but do not include dentifrices, 
mouthwashes, or mouth rinses.
    (b) The sodium content shall be expressed in milligrams per dosage 
unit and shall include the total amount of sodium regardless of the 
source, i.e., from both active and inactive ingredients. The sodium 
content shall be rounded-off to the nearest whole number. The sodium 
content per dosage unit shall follow the heading ``Other information'' 
as stated in Sec. 201.66(c)(7).
    (c) The labeling of OTC drug products intended for oral ingestion 
shall contain the following warning under the heading ``Warning'' (or 
``Warnings'' if it appears with additional warning statements) if the 
amount of sodium present in the labeled maximum daily

[[Page 41]]

dose of the product is more than 140 milligrams: ``Do not use this 
product if you are on a sodium-restricted diet unless directed by a 
doctor.''
    (d) The term sodium free may be used in the labeling of OTC drug 
products intended for oral ingestion if the amount of sodium in the 
labeled maximum daily dose is 0 milligram. For example, a product 
containing 0.4 (rounded-off to zero (0)) milligram sodium per tablet 
with directions to take one tablet daily may use the term ``sodium 
free'' in its labeling. However, when the recommended dose provides for 
taking more than one dosage unit per day, e.g., take one or two tablets, 
or take two tablets, the same product containing 0.4 milligram sodium 
per tablet shall not use the term ``sodium free'' because the labeled 
maximum daily dose contains 0.8 milligram sodium.
    (e) The term very low sodium may be used in the labeling of OTC drug 
products intended for oral ingestion if the amount of sodium in the 
labeled maximum daily dose is 35 milligrams or less.
    (f) The term low sodium may be used in the labeling of OTC drug 
products intended for oral ingestion if the amount of sodium in the 
labeled maximum daily dose is 140 milligrams or less.
    (g) The term salt is not synonymous with the term sodium and shall 
not be used interchangeably or substituted for the term sodium.
    (h) The terms sodium free, very low sodium, and low sodium shall be 
in print size and style no larger than the product's statement of 
identity and shall not be unduly prominent in print size or style 
compared to the statement of identity.
    (i) Any product subject to this paragraph that contains sodium 
bicarbonate, sodium phosphate, or sodium biphosphate as an active 
ingredient for oral ingestion and that is not labeled as required by 
this paragraph and that is initially introduced or initially delivered 
for introduction into interstate commerce after April 22, 1997, is 
misbranded under sections 201(n) and 502 (a) and (f) of the Federal 
Food, Drug, and Cosmetic Act (the act).

[61 FR 17806, Apr. 22, 1996, as amended at 62 FR 19925, Apr. 24, 1997; 
64 FR 13286, Mar. 17, 1999]

    Effective Date Note: At 62 FR 19925, Apr. 24, 1997, the effective 
date for Sec. 201.64 (a) through (h) was delayed until further notice. 
At 69 FR 13717, Mar. 24, 2004, the effectiveness of paragraphs (a) 
through (h) was further delayed until Apr. 23, 2004.

    Effective Date Note: At 69 FR 13724, Mar. 24, 2004, Sec. 201.64 was 
amended by revising paragraphs (a), (c), and (d) and by adding paragraph 
(j), effective Apr. 23, 2004. For the convenience of the user, the 
revised and added text is set forth as follows:

Sec. 201.64  Sodium labeling.

    (a) The labeling of over-the-counter (OTC) drug products intended 
for oral ingestion shall contain the sodium content per dosage unit 
(e.g., tablet, teaspoonful) if the sodium content of a single maximum 
recommended dose of the product (which may be one or more dosage units) 
is 5 milligrams or more. OTC drug products intended for oral ingestion 
include gum and lozenge dosage forms, but do not include dentifrices, 
mouthwashes, or mouth rinses.

                                * * * * *

    (c) The labeling of OTC drug products intended for oral ingestion 
shall contain the following statement under the heading ``Warning'' (or 
``Warnings'' if it appears with additional warning statements) if the 
amount of sodium present in the labeled maximum daily dose of the 
product is more than 140 milligrams: ``Ask a doctor before use if you 
have [in bold type] [bullet]\1\ a sodium-restricted diet''. The warnings 
in Sec. Sec. 201.64(c), 201.70(c), 201.71(c), and 201.72(c) may be 
combined, if applicable, provided the ingredients are listed in 
alphabetical order, e g., a calcium or sodium restricted diet.
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    \1\ See Sec. 201 .66(b)(4) of this chapter for definition of bullet 
symbol.
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    (d) The term sodium free may be used in the labeling of OTC drug 
products intended for oral ingestion if the amount of sodium in the 
labeled maximum daily dose is 5 milligrams or less and the amount of 
sodium per dosage unit is 0 milligram (when rounded-off in accord with 
paragraph (b) of this section).

                                * * * * *

    (j) Any product subject to paragraphs (a) through (h) of this 
section that is not labeled as required and that is initially introduced 
or initially delivered for introduction into interstate commerce after 
the following

[[Page 42]]

dates is misbranded under sections 201(n) and 502(a) and (f) of the 
Federal Food, Drug, and Cosmetic Act.
    (1) As of the date of approval of the application for any single 
entity and combination products subject to drug marketing applications 
approved on or after April 23, 2004.
    (2) Septemeber 24, 2005, for all OTC drug products subject to any 
OTC drug monograph, not yet the subject of any OTC drug monograph, or 
subject to drug marketing applications approved before April 23, 2004.