[Federal Register: October 24, 2002 (Volume 67, Number 206)]
[Rules and Regulations]
[Page 65311-65312]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr24oc02-8]
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DEPARTMENT OF HEALTH AND HUMAN SERVICES
Food and Drug Administration
21 CFR Part 73
[Docket No. 00C-1321]
Listing of Color Additives Exempt From Certification; Mica-Based
Pearlescent Pigments
AGENCY: Food and Drug Administration, HHS.
ACTION: Final rule.
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SUMMARY: The Food and Drug Administration (FDA) is amending the color
additive regulations to provide for the safe use of mica-based
pearlescent pigments as color additives in contact lenses. This action
is in response to a petition filed by Wesley Jessen Corp.
DATES: This regulation is effective November 26, 2002. Submit written
or electronic objections and requests for a hearing by November 25,
2002. See Section VIII of the SUPPLEMENTARY INFORMATION section of this
document for information on the filing of objections.
ADDRESSES: Submit written or electronic objections to the Dockets
Management Branch (HFA-305), Food and Drug Administration, 5630 Fishers
Lane, rm. 1061, Rockville, MD 20852. Submit electronic comments to
http://www.fda.gov/dockets/ecomments.
FOR FURTHER INFORMATION CONTACT: Aydin [Ouml]rstan, Center for Food
Safety and Applied Nutrition (HFS-265), Food and Drug Administration,
5100 Paint Branch Pkwy., College Park, MD 20740, 202-418-3076.
SUPPLEMENTARY INFORMATION:
I. Introduction
In a notice published in the Federal Register of June 7, 2000 (65
FR 36148), FDA announced that a color additive petition (CAP 0C0271)
had been filed by Wesley Jessen, Corp., 333 East Howard Ave., Des
Plaines, IL 60018 (now Ciba Vision Corp., 11460 Johns Creek Pkwy.,
Duluth, GA 30097-1556). The petition proposed to amend the color
additive regulations in part 73 (21 CFR part 73 subpart D--Medical
Devices) to provide for the safe use of mica to color contact lenses.
During its subsequent review of the petition, the agency determined
that the subject color additives are composite pigments composed of
mica coated with iron oxides or mica coated with titanium dioxide.
Therefore, in the Federal Register of May 20, 2002 (67 FR 35551), the
agency published an amended filing notice to state that the petition
proposes that the color additive regulations be amended to provide for
the safe use of mica coated with iron oxides or mica coated with
titanium dioxide, collectively identified as mica-based pearlescent
pigments, in contact lenses.
II. Identity and Manufacturing
Mica-based pearlescent pigments consist of either mica platelets
coated with titanium dioxide or mica platelets coated with iron oxides.
These color additives are manufactured by preparing a suspension of
mica platelets, and then adding a solution of a soluble salt of
titanium or of iron, and a base to precipitate titanium hydroxide or
iron hydroxide onto the mica platelets. These particles are heated
(calcined) at 800 to 900 [deg]C to obtain mica coated with titanium
dioxide or mica coated with iron oxides. These color additives create a
pearlescent effect and are known commonly as pearlescent pigments.
Therefore, the agency is establishing mica-based pearlescent pigments
as the common or usual name of the color additives.
III. Safety Evaluation
During its review of the safety of the use of mica-based
pearlescent pigments in contact lenses, the agency considered the
exposure to the color additives from the petitioned use. The agency
notes that it is highly unlikely that the color additives or their
components would migrate out of the contact lens into the aqueous
environment of the eye, because: (1) These pigments are insoluble in
aqueous media, and (2) they are an integral part of the contact lens.
Therefore, the agency concludes that the exposure to the components of
the color additives, including any impurities that may be present in
them, from the petitioned use would be negligible (Ref. 1).
The agency notes that two of the components of the color additives,
iron oxides (Sec. 73.3125) and titanium dioxide (Sec. 73.3126),
already are listed for use as color additives in contact lenses.
Therefore, the agency concludes that the use of iron oxides or titanium
dioxide in mica-based pearlescent pigments does not present a safety
concern (Ref. 2).
Although mica currently is not regulated for use as a color
additive in contact lenses, it has been approved for safe use in
coloring cosmetics generally, including those applied to the area of
the eye, including the eyeball (Sec. Sec. 73.2496 and 70.3(s)).
Generally, the toxicological tests the agency requires to demonstrate
that a color additive is safe for use in coloring cosmetics applied to
the eye area are adequate to support the safety of a color additive
used in contact lenses. In both cases, the tests must show that the
color additive is safe and not expected to cause adverse effects under
the conditions of use. This is reflected in the agency's current
guidance document for contact lens manufacturers (Ref. 3).
In this case, the toxicological data which supported the approval
of mica for use in eye area cosmetics are sufficient to support the
safe use of mica in contact lenses. These data showed that instillation
of a solution containing 5-percent mica directly into the eyes of
rabbits did not produce any evidence of ocular or iridial irritation
(Ref. 4). In contrast to this exaggerated and direct exposure to mica
in the eye, the exposure to mica from its proposed use in contact
lenses would be negligible, and if any incidental exposure to mica were
to occur, it would not be a safety concern. Therefore, the agency
concludes that mica also may be used safely to color contact lenses
(Ref. 2).
The regulations listing mica for use in coloring drugs (Sec.
73.1496) and cosmetics (Sec. 73.2496) provide specifications to ensure
the safe use of mica in those products. To ensure that the mica used in
the manufacture of mica-based pearlescent pigments is of comparable
purity to the already regulated mica, the agency is requiring in new
Sec. 73.3128 that mica used to manufacture the color additives meet
the identity and specifications for mica in Sec. 73.1496. The agency
also has considered the need to establish purity specifications for the
mica-based pearlescent pigments. As noted previously, the agency has
determined that the exposure to the components of mica-based
pearlescent pigments, including any impurities that may be present in
them from the petitioned use, would be negligible. Given the negligible
exposure to the color additive and the specifications that are being
established for the mica component of the color additive, the agency
concludes that it is not necessary to establish separate specifications
for the mica-based pearlescent pigments in new Sec. 73.3128.
IV. Conclusion
Based on the data in the petition and other relevant material, FDA
concludes that the petitioned use of mica-based pearlescent pigments as
color additives in contact lenses is safe, the additives will achieve
their intended technical effects, and thus, are suitable for this use.
The agency concludes that part 73 should be amended as set forth in
this document. In addition, based upon the factors listed in 21 CFR
71.20(b), the
[[Page 65312]]
agency concludes that certification of mica-based pearlescent pigments
is not necessary for the protection of the public health.
V. Inspection of Documents
In accordance with Sec. 71.15 (21 CFR 71.15), the petition and the
documents that FDA considered and relied upon in reaching its decision
to approve the petition are available for inspection at the Center for
Food Safety and Applied Nutrition by appointment with the information
contact person. As provided in Sec. 71.15, the agency will delete from
the documents any materials that are not available for public
disclosure before making the documents available for inspection.
VI. Environmental Impact
The agency has previously considered the environmental effects of
this rule as announced in the notice of filing for CAP 0C0271 (65 FR
36148, June 7, 2000). No new information or comments have been received
that would affect the agency's previous determination that there is no
significant impact on the human environment and that an environmental
impact statement is not required.
VII. Paperwork Reduction Act of 1995
This final rule contains no collections of information. Therefore,
clearance by the Office of Management and Budget under the Paperwork
Reduction Act of 1995 is not required.
VIII. Objections
Any person who will be adversely affected by this regulation may
file with the Dockets Management Branch (see ADDRESSES) written
objections by (see DATES). Each objection shall be separately numbered,
and each numbered objection shall specify with particularity the
provisions of the regulation to which objection is made and the grounds
for the objection. Each numbered objection on which a hearing is
requested shall specifically so state. Failure to request a hearing for
any particular objection shall constitute a waiver of the right to a
hearing on that objection. Each numbered objection for which a hearing
is requested shall include a detailed description and analysis of the
specific factual information intended to be presented in support of the
objection in the event that a hearing is held. Failure to include such
a description and analysis for any particular objection shall
constitute a waiver of the right to a hearing on the objection. Three
copies of all documents shall be submitted and shall be identified with
the docket number found in brackets in the heading of this document.
Any objections received in response to the regulation may be seen in
the Dockets Management Branch between 9 a.m. and 4 p.m., Monday through
Friday. FDA will publish notice of the objections that the agency has
received or lack thereof in the Federal Register.
IX. References
1. Carberry, S. E., memorandum entitled ``Use of Mica-Based
Pearlescent Pigments as Colorants for Contact Lenses'' from the
Division of Petition Review (HFS-265) to the Division of Petition
Review (HFS-265), Center for Food Safety and Applied Nutrition, FDA,
March 28, 2002.
2. Johnson, C. B., memorandum entitled ``Use of Mica-Based
Pearlescent Pigments to Color Contact Lenses: Toxicology Review''
from the Division of Petition Review (HFS-225) to the Division of
Petition Review (HFS-215), Center for Food Safety and Applied
Nutrition, FDA, November 9, 2001.
3. Center for Devices and Radiological Health, Premarket
Notification (510(k)) Guidance Document for Daily Wear Contact
Lenses, Addendum to Chemistry Guidance for Listing Color Additives
in Contact Lenses, Part 5, p.149, (http://www.fda.gov/cdrh/ode/conta.html) May 1994.
4. Gittes, H. R., memorandum entitled ``Eye Area Studies'' from
the Division of Toxicology (HFF-152) to the Petitions Control Branch
(HFF-334), Center for Food Safety and Applied Nutrition, FDA, May
17, 1977.
List of Subjects in 21 CFR Part 73
Color additives, Cosmetics, Drugs, Medical devices.
Therefore, under the Federal Food, Drug, and Cosmetic Act and under
authority delegated to the Commissioner of Food and Drugs, and
redelegated to the Director, Center for Food Safety and Applied
Nutrition, 21 CFR part 73 is amended as follows:
PART 73--LISTING OF COLOR ADDITIVES EXEMPT FROM CERTIFICATION
1. The authority citation for 21 CFR part 73 continues to read as
follows:
Authority: 21 U.S.C. 321, 341, 342, 343, 348, 351, 352, 355,
361, 362, 371, 379e.
2. Section 73.3128 is added to subpart D to read as follows:
Sec. 73.3128 Mica-based pearlescent pigments.
(a) Identity and specifications. The color additive is formed by
depositing titanium or iron salts from a basic solution onto mica,
followed by calcination to produce titanium dioxide or iron oxides on
mica. Mica used to manufacture the color additive shall conform in
identity and specifications to the requirements of Sec. 73.1496(a)(1)
and (b).
(b) Uses and restrictions. (1) Mica-based pearlescent pigments
listed in paragraph (a) of this section may be used as a color additive
in contact lenses in amounts not to exceed the minimum reasonably
required to accomplish the intended coloring effect.
(2) Authorization and compliance with this use shall not be
construed as waiving any of the requirements of sections 510(k), 515,
and 520(g) of the Federal Food, Drug, and Cosmetic Act (the act) with
respect to the contact lenses in which the additive is used.
(c) Labeling. The label of the color additive shall conform to the
requirements in Sec. 70.25 of this chapter.
(d) Exemption from certification. Certification of this color
additive is not necessary for the protection of the public health, and
therefore batches thereof are exempt from the certification
requirements of section 721(c) of the act.
Dated: September 30, 2002.
L. Robert Lake,
Director, Office of Regulations and Policy, Center for Food Safety and
Applied Nutrition.
[FR Doc. 02 - 27048 Filed 10-23- 02 ; 8:45 am]
BILLING CODE 4160-01-S
Food Ingredients and Packaging