Section 22-B10318. SPECIAL REQUIREMENTS FOR SPECIFIC DEVICES - LABELING OF ARTICLES INTENDED FOR LAY USE IN THE REPAIRING OR REFITTING OF DENTURES

 

10318.1The American Dental Association and leading dental authorities have advised the FDA of their concern regarding the safety of denture reliners, repair kits, pads, cushions, and other articles marketed and labeled for lay use in repairing, refitting, or cushioning of ill-fitting, broken, or irritating dentures.  It is the opinion of dental authorities and the FDA that to properly repair and properly refit dentures a person must have professional knowledge and specialized technical skill.  Laymen cannot be expected to maintain the original vertical dimension of occlusion and the centric relation essential in the proper repairing or refitting of dentures.  The continued wearing of improperly repaired or refitted dentures may cause acceleration of bone resorption, soft tissue hyperplasia, and other irreparable damage to the oral cavity.  Such articles designed for lay use should be limited to emergency or temporary situations pending the services of a licensed dentist.

 

10318.2The FDA and the Department therefore regard such articles as unsafe and misbranded under the Federal Food, Drug, and Cosmetic Act unless the labeling:

 

(a)Limits directions for use for denture repair kits to emergency repairing pending unavoidable delay in obtaining professional reconstruction of the denture;

 

(b) Limits directions for use for denture reliners, pads, and cushions to temporary refitting pending unavoidable delay in obtaining  professional reconstruction of the denture;

 

(c) Contains in a conspicuous manner the word "emergency" preceding and modifying each indication-for-use statement for denture repair kits and the word "temporary" preceding and modifying each indication-for-use statement for reliners, pads, and cushions; and

 

(d) Includes a conspicuous warning statement to the effect:

 

(1)For denture repair kits: "Warning--For emergency repairs only. Long term use of home-repaired dentures may cause faster bone loss, continuing irritation, sores, and tumors. This kit is for emergency use only. See Dentist Without Delay;"

(2)For denture reliners, pads, and cushions: "Warning--For temporary use only. Long-term use of this product may lead to faster bone loss, continuing irritation, sores, and tumors.  For Use Only Until a Dentist Can Be Seen."

 

10318.3Adequate directions for use require full information of the temporary and emergency use recommended in order for the layman to understand the limitations of usefulness, the reasons therefore, and the importance of adhering to the warnings. Accordingly, the labeling should contain the following information:

 

(a)For denture repair kits:

 

(1)Special training and tools are needed to repair dentures to fit properly.  Home-repaired dentures may cause irritation to the gums and discomfort and tiredness while eating.  Long term use may lead to more troubles, even permanent changes in bones, teeth, and gums, which may make it impossible to wear dentures in the future.  For these reasons, dentures repaired with this kit should be used only in an emergency until a dentist can be seen.  Dentures that don't fit properly cause irritation and injury to the gums and faster bone loss, which is permanent.  Dentures that don't fit properly cause gum changes that may require surgery for correction.  Continuing irritation and injury may lead to cancer in the mouth.  You must see your dentist as soon as possible;

 

(b) For denture reliners, pads, and cushions:

 

(1)Use of these preparations or devices may temporarily decrease the discomfort; however, their use will not make the denture fit properly.  Special training and tools are needed to repair a denture to fit properly.  Dentures that do not fit properly cause irritation and injury to the gums and faster bone loss, which is permanent and may require a completely new denture.  Changes in the gums caused by dentures that do not fit properly may require surgery for correction.  Continuing irritation and injury may lead to cancer in the mouth.  You must see your dentist as soon as possible;

 

(2)If the denture relining or repairing material forms a permanent bond with the denture, a warning statement to the following effect should be included: "This reliner becomes fixed to the denture and a completely new denture may be required because of its use."

 

10318.4Labeling claims exaggerating the usefulness or the safety of the material or failing to disclose all facts relevant to the claims of usefulness will be regarded as false and misleading under 21 U.S.C. §§ 321(n) and 352(a).

 

10318.5Regulatory action may be initiated with respect to any article found within the jurisdiction of the Act contrary to the provisions of this policy statement after ninety (90) days following the date of publication of these rules in the D.C. Register.

 

authority

Section 19(a)(3) of the District of Columbia Pharmacist and Pharmacy Regulation Act of 1980, effective September 16, 1980 (D.C. Law 3-98; D.C. Official Code § 47-2885.18(a)(3) (2005 Repl.)); Mayor’s Order 98-48, dated April 15, 1998; Section 4902 of the Fiscal Year 2002 Budget Support Act of 2001, effective October 3, 2001 (D.C. Law 14-28; D.C. Official Code § 7-731 (2008 Repl.)); Section 15 of the District of Columbia Medical Device Manufacture and Distribution Licensure Act of 1990, effective June 13, 1990 (D.C. Law 8-137; D.C. Official Code § 48-714(a) (2005 Repl.)); and Mayor’s Order 98-88, dated May 29, 1998.

source

Final Rulemaking published at 60 DCR 10252 (July 12, 2013).