[Code of Federal Regulations]
[Title 21, Volume 5]
[Revised as of April 1, 2008]
From the U.S. Government Printing Office via GPO Access
[CITE: 21CFR347.50]

[Page 276-279]
 
                        TITLE 21--FOOD AND DRUGS
 
CHAPTER I--FOOD AND DRUG ADMINISTRATION, DEPARTMENT OF 
 
PART 347_SKIN PROTECTANT DRUG PRODUCTS FOR OVER-THE-COUNTER HUMAN
USE--Table of Contents
 
                           Subpart C_Labeling
 
Sec. 347.50  Labeling of skin protectant drug products.

    Source: 68 FR 33377, June 4, 2003, unless otherwise noted.


    A skin protectant drug product may have more than one labeled use 
and labeling appropriate to different uses may be combined to eliminate 
duplicative words or phrases as long as the labeling is clear and 
understandable. When the labeling of the product contains more than one 
labeled use, the appropriate statement(s) of identity, indications, 
warnings, and directions must be stated in the labeling.
    (a) Statement of identity. The labeling of the product contains the 
established name of the drug, if any, and identifies the product with 
one or more of the following:
    (1) For any product. ``Skin protectant'' (optional, may add dosage 
form, e.g., ``cream,'' ``gel,'' ``lotion,'' or ``ointment'').
    (2) For any product formulated as a lip protectant. ``Skin 
protectant,'' ``lip protectant,'' or ``lip balm'' (optional, may add 
dosage form, e.g., ``cream,'' ``gel,'' ``lotion,'' or ``ointment'').
    (3) For products containing any ingredient in Sec. 347.10(b), (c), 
(j), (s), (t), and (u). ``Poison ivy, oak, sumac drying'' (optional, may 
add dosage form, e.g., ``cream,'' ``gel,'' ``lotion,'' or ``ointment'').
    (4) For products containing any ingredient in Sec. 347.10(b), (c), 
(f), (j), (o), (s), (t), and (u). ``Poison ivy, oak, sumac protectant.''
    (b) Indications. The labeling of the product states, under the 
heading ``Uses,'' one or more of the phrases listed in this paragraph 
(b), as appropriate. Other truthful and nonmisleading statements, 
describing only the uses that have been established and listed in this 
paragraph (b), may also be used, as provided in Sec. 330.1(c)(2) of 
this chapter, subject to the provisions of section 502 of the Federal 
Food, Drug, and Cosmetic Act (the act) relating to misbranding and the 
prohibition in section 301(d) of the act against the introduction or 
delivery for introduction into interstate commerce of unapproved new 
drugs in violation of section 505(a) of the act.
    (1) For products containing any ingredient in Sec. 347.10(a), (d), 
(e), (i), (k), (l),

[[Page 277]]

(m), and (r). The labeling states ``temporarily protects minor: 
[bullet]\1\ cuts [bullet] scrapes [bullet] burns''.
---------------------------------------------------------------------------

    \1\ See Sec. 201.66(b)(4) of this chapter for definition of bullet 
symbol.
---------------------------------------------------------------------------

    (2) For products containing any ingredient in Sec. 347.10(a), (d), 
(e), (g), (h), (i), (k), (l), (m), and (r)--(i) The labeling states 
(optional: ``helps prevent and'') ``temporarily protects'' (optional: 
``and helps relieve'') (optional: ``chafed,'') ``chapped or cracked 
skin'' (optional: ``and lips''). This statement may be followed by the 
optional statement: ``helps'' (optional: ``prevent and'') ``protect from 
the drying effects of wind and cold weather''. [If both statements are 
used, each is preceded by a bullet.]
    (ii) For products formulated as a lip protectant. The labeling 
states (optional: ``helps prevent and'') ``temporarily protects'' 
(optional: ``and helps relieve'') (optional: ``chafed,'') ``chapped or 
cracked lips''. This statement may be followed by the optional 
statement: ``helps'' (optional: ``prevent and'') ``protect from the 
drying effects of wind and cold weather''. [If both statements are used, 
each is preceded by a bullet.]
    (3) For products containing any ingredient in Sec. 347.10(b), (c), 
(j), (s), (t), and (u). The labeling states ``dries the oozing and 
weeping of poison: [bullet] ivy [bullet] oak [bullet] sumac''.
    (4) For products containing colloidal oatmeal identified in Sec. 
347.10(f). The labeling states ``temporarily protects and helps relieve 
minor skin irritation and itching due to: [select one or more of the 
following: `[bullet] rashes' `[bullet] eczema' `[bullet] poison ivy, 
oak, or sumac' `[bullet] insect bites'].''
    (5) For products containing sodium bicarbonate identified in Sec. 
347.10(o). The labeling states ``temporarily protects and helps relieve 
minor skin irritation and itching due to: [bullet] poison ivy, oak, or 
sumac [bullet] insect bites''.
    (6) For products containing topical starch identified in Sec. 
347.10(q). The labeling states ``temporarily protects and helps relieve 
minor skin irritation''.
    (7) For products containing the combination of ingredients in Sec. 
347.20(a)(4). The labeling states ``temporarily protects and helps 
relieve minor skin irritation and itching due to: [select one or more of 
the following: `rashes' or `eczema'].'' [If both conditions are used, 
each is preceded by a bullet.]
    (c) Warnings. The labeling of the product contains the following 
warnings under the heading ``Warnings'':
    (1) ``For external use only'' in accord with Sec. 201.66(c)(5)(i) 
of this chapter. For products containing only mineral oil in Sec. 
347.10(l) or sodium bicarbonate in Sec. 347.10(o), this warning may be 
omitted if labeling for oral use of the product is also provided.
    (2) ``When using this product [bullet] do not get into eyes''.
    (3) ``Stop use and ask a doctor if [bullet] condition worsens 
[bullet] symptoms last more than 7 days or clear up and occur again 
within a few days''.
    (4) For products labeled according to Sec. 347.50(b)(1) or (b)(2): 
``Do not use on [bullet] deep or puncture wounds [bullet] animal bites 
[bullet] serious burns''.
    (5) For products containing colloidal oatmeal identified in Sec. 
347.10(f) when labeled for use as a soak in a tub. ``When using this 
product [bullet] to avoid slipping, use mat in tub or shower''.
    (6) For powder products containing kaolin identified in Sec. 
347.10(j) or topical starch identified in Sec. 347.10(q)--(i) ``Do not 
use on [bullet] broken skin''.
    (ii) ``When using this product [bullet] keep away from face and 
mouth to avoid breathing it''.
    (7) For products containing colloidal oatmeal identified in Sec. 
347.10(f) or sodium bicarbonate identified in Sec. 347.10(o) when 
labeled for use as a soak, compress, or wet dressing. ``When using this 
product [bullet] in some skin conditions, soaking too long may 
overdry''.
    (d) Directions. The labeling of the product contains the following 
statements, as appropriate, under the heading ``Directions'':
    (1) For products labeled according to Sec. 347.50(b)(1), (b)(2), 
(b)(3), (b)(5), or (b)(6). The labeling states ``apply as needed''.
    (2) For products containing colloidal oatmeal identified in Sec. 
347.10(f)--(i) For products requiring dispersal in water. The labeling 
states ``[bullet] turn warm water faucet on to full force [bullet]

[[Page 278]]

slowly sprinkle'' (manufacturer to insert quantity to be used) ``of 
colloidal oatmeal directly under the faucet into the tub or container 
[bullet] stir any colloidal oatmeal settled on the bottom''.
    (A) For products used as a soak in a bath. The manufacturer must 
provide adequate directions to obtain a solution containing a minimum of 
0.007 percent colloidal oatmeal or 0.003 percent colloidal oatmeal in 
the oilated form for a tub bath, sitz bath, or infant bath, or a minimum 
of 0.25 percent colloidal oatmeal for a foot bath. ``For use as a soak 
in a bath: [bullet] soak affected area for 15 to 30 minutes as needed, 
or as directed by a doctor [bullet] pat dry (do not rub) to keep a thin 
layer on the skin''.
    (B) For products used as a compress or wet dressing. The 
manufacturer must provide adequate directions to obtain a solution 
containing a minimum of 0.25 percent colloidal oatmeal. ``For use as a 
compress or wet dressing: [bullet] soak a clean, soft cloth in the 
mixture [bullet] apply cloth loosely to affected area for 15 to 30 
minutes [bullet] repeat as needed or as directed by a doctor [bullet] 
discard mixture after each use''.
    (ii) For topical products intended for direct application. The 
labeling states ``apply as needed''.
    (3) For products containing sodium bicarbonate identified in Sec. 
347.10(o). The labeling states ``[bullet] adults and children 2 years of 
age and over:''
    (i) The labeling states ``For use as a paste: [bullet] add enough 
water to the sodium bicarbonate to form a paste [bullet] apply to the 
affected area of the skin as needed, or as directed by a doctor''.
    (ii) The labeling states ``For use as a soak in a bath: [bullet] 
dissolve 1 to 2 cupfuls in a tub of warm water [bullet] soak for 10 to 
30 minutes as needed, or as directed by a doctor [bullet] pat dry (do 
not rub) to keep a thin layer on the skin''.
    (iii) The labeling states ``For use as a compress or wet dressing: 
[bullet] add sodium bicarbonate to water to make a mixture in a 
container [bullet] soak a clean, soft cloth in the mixture [bullet] 
apply cloth loosely to affected area for 15 to 30 minutes [bullet] 
repeat as needed or as directed by a doctor [bullet] discard mixture 
after each use''.
    (iv) Any of the directions in paragraphs (d)(3)(i), (d)(3)(ii), or 
(d)(3)(iii) of this section shall be followed by the statement: 
``[bullet] children under 2 years: ask a doctor''.
    (4) For products containing aluminum hydroxide gel identified in 
Sec. 347.10(b). The labeling states ``[bullet] children under 6 months: 
ask a doctor''.
    (5) For products containing glycerin identified in Sec. 347.10(h). 
The labeling states ``[bullet] children under 6 months: ask a doctor''.
    (6) For products containing zinc acetate identified in Sec. 
347.10(s). The labeling states ``[bullet] children under 2 years: ask a 
doctor''.
    (e) Products formulated and labeled as a lip protectant and that 
meet the criteria established in Sec. 201.66(d)(10) of this chapter. 
The title, headings, subheadings, and information described in Sec. 
201.66(c) of this chapter shall be printed in accordance with the 
following specifications:
    (1) The labeling shall meet the requirements of Sec. 201.66(c) of 
this chapter except that the title, headings, and information described 
in Sec. 201.66(c)(1), (c)(3), (c)(6), and (c)(7) may be omitted, and 
the headings, subheadings, and information described in Sec. 
201.66(c)(2), (c)(4), and (c)(5) may be presented as follows:
    (i) The active ingredients (Sec. 201.66(c)(2) of this chapter) 
shall be listed in alphabetical order.
    (ii) The heading and the indication required by Sec. 201.66(c)(4) 
of this chapter may be limited to: ``Use [in bold type] helps'' 
(optional: ``prevent and'') ``protect'' (optional: ``and relieve'') 
``chapped lips''. If both optional terms are used, the indication may be 
limited to: ``Use [in bold type] helps prevent, protect, and relieve 
chapped lips''.
    (iii) The ``external use only'' warning in Sec. 347.50(c)(1) and in 
Sec. 201.66(c)(5)(i) of this chapter may be omitted. The warnings in 
Sec. 347.50(c)(2), (c)(3), and (c)(4) are not required.
    (iv) The subheadings in Sec. 201.66(c)(5)(iii) through (c)(5)(vi) 
of this chapter may be omitted, provided the information after the 
heading ``Warning'' contains the warning in Sec. 347.50(e)(1)(iii).

[[Page 279]]

    (v) The warnings in Sec. 201.66(c)(5)(x) of this chapter may be 
omitted.
    (2) The labeling shall be printed in accordance with the 
requirements of Sec. 201.66(d) of this chapter except that any 
requirements related to Sec. 201.66(c)(1), (c)(3), (c)(6), and (c)(7), 
and the horizontal barlines and hairlines described in Sec. 
201.66(d)(8), may be omitted.
    (f) Products containing only cocoa butter, petrolatum, or white 
petrolatum identified in Sec. 347.10(d), (m), and (r), singly or in 
combination with each other, and marketed other than as a lip 
protectant. (1) The labeling shall meet the requirements of Sec. 
201.66(c) of this chapter except that the headings and information 
described in Sec. 201.66(c)(3) and (c)(7) may be omitted, and the 
headings, subheadings, and information described in Sec. 201.66(c)(2), 
(c)(4), and (c)(5) may be presented as follows:
    (i) The active ingredients (Sec. 201.66(c)(2) of this chapter) 
shall be listed in alphabetical order.
    (ii) The heading and the indication required by Sec. 201.66(c)(4) 
of this chapter may be limited to ``Use [in bold type] helps protect 
minor cuts and burns'' or ``Use [in bold type] helps'' (optional: 
``prevent and'') ``protect chapped skin'' or ``Use [in bold type] helps 
protect minor cuts and burns and'' (optional: ``prevent and protect'') 
``chapped skin''.
    (iii) The warning in Sec. 347.50(c)(3) may be revised to read ``See 
a doctor if condition lasts more than 7 days.''
    (iv) The subheadings in Sec. 201.66(c)(5)(iv) through (c)(5)(vii) 
of this chapter may be omitted, provided the information after the 
heading ``Warnings'' contains the warnings in Sec. 347.50(c)(2), 
(c)(4), and (f)(1)(iii).
    (2) The labeling shall be printed in accordance with the 
requirements of Sec. 201.66(d) of this chapter except that any 
requirements related to Sec. 201.66(c)(3) and (c)(7) may be omitted.

[68 FR 33377, June 4, 2003, as amended at 68 FR 68511, Dec. 9, 2003; 73 
FR 6017, Feb. 1, 2008]