General conditions for general recognition as safe, effective and not misbranded

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Citation 21 C.F.R. §330.1
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5 cases
  • Calchi v. Topco Assocs.
    • United States
    • U.S. District Court — Northern District of Illinois
    • 30 September 2024
    ...(last accessed 7/30/24). A monograph essentially sets out the federal requirements for a given category of nonprescription drugs. See 21 C.F.R. § 330.1. monograph goes through a lengthy notice-and-comment process. That process includes review by a panel of experts, two public comment period......
  • Lester v. CVS Pharm.
    • United States
    • U.S. District Court — Southern District of New York
    • 27 March 2024
    ...as safe and effective and is not misbranded if it meets each condition in this OTC monograph and each general condition established in 21 CFR 330.1.” See M003 § M003.1. The FDCA states that a “drug or device shall be deemed to be misbranded . . . [i]f its labeling is false or misleading in ......
  • Gibson v. Albertsons Cos.
    • United States
    • U.S. District Court — Northern District of Illinois
    • 17 October 2024
    ...setting conditions under which specific drugs may qualify as safe, effective, and not misbranded when sold over the counter. See, e.g., 21 C.F.R. § 330.1. For drugs, the FDA sets out a series of general rules and then it promulgates monographs containing specific rules for more specific cat......
  • Tobin v. Procter & Gamble Co.
    • United States
    • U.S. District Court — Northern District of California
    • 9 April 2024
    .... . . is not misbranded if it meets each of the conditions in [21 C.F.R. Part 341] and each of the general conditions established in § 330.1.” 21 C.F.R. § 341.1. Part provides a non-exclusive list of statements that may be used to describe cough and cold medications. 21 C.F.C. § 341.74(b). ......
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1 firm's commentaries
  • Class Complaint Fails in OTC Drug MDL
    • United States
    • LexBlog United States
    • 7 November 2024
    ...and nonmisleading statements describing only those indications for use that have been established in an applicable monograph.” 21 C.F.R. § 330.1(c)(1). “Nothing in the PE monograph or the general monograph suggests manufacturers have a freestanding duty to update their indications in respon......