Title: Protecting Our Kids' Medicine Act of 2017
Policy area: Health

Summary:
Protecting Our Kids' Medicine Act of 2017
This bill amends the Federal Food, Drug, and Cosmetic Act to prohibit the sale of liquid formulations of over-the-counter drugs that are not packaged with a dosage delivery device, such as a calibrated cup or spoon, and that do not have measurements on the label and on the dosage delivery device exclusively in metric units. The Food and Drug Administration may waive the requirement for metric units if that requirement would not benefit public health.

[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1586 Introduced in House (IH)]

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115th CONGRESS
  1st Session
                                H. R. 1586

To amend the Federal Food, Drug, and Cosmetic Act to ensure that liquid 
   over-the-counter medications are packaged with appropriate dosage 
   delivery devices and, in the case of such medications labeled for 
  pediatric use, appropriate flow restrictors, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             March 16, 2017

 Mr. Serrano introduced the following bill; which was referred to the 
                    Committee on Energy and Commerce

_______________________________________________________________________

                                 A BILL


 
To amend the Federal Food, Drug, and Cosmetic Act to ensure that liquid 
   over-the-counter medications are packaged with appropriate dosage 
   delivery devices and, in the case of such medications labeled for 
  pediatric use, appropriate flow restrictors, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Protecting Our Kids' Medicine Act of 
2017''.

SEC. 2. DOSAGE DELIVERY DEVICES FOR LIQUID OTC DRUGS AND FLOW 
              RESTRICTORS FOR SUCH DRUGS LABELED FOR PEDIATRIC USE.

    (a) In General.--Section 502 of the Federal Food, Drug, and 
Cosmetic Act (21 U.S.C. 352) is amended by adding at the end the 
following:
    ``(ee)(1) If it is a liquid formulation of a drug that is not 
subject to section 503(b) and--
            ``(A) it is not packaged with a dosage delivery device in 
        accordance with specifications to be determined by the 
        Secretary by regulation;
            ``(B) in the case of such a liquid formulation that is 
        labeled for pediatric use, it is not packaged with a dosage 
        delivery device, as described in subparagraph (A), and--
                    ``(i) a flow restrictor; or
                    ``(ii) another mechanism to reduce the frequency 
                and volume of accidental ingestion that provides a 
                level of safety that is equivalent to or greater than 
                the level of safety that would be provided by a flow 
                restrictor, as determined by the Secretary by 
                regulation; or
            ``(C) its labeling is in violation of subparagraph (2).
    ``(2) The Secretary shall require that any measurement in the 
labeling of a liquid formulation of a drug that is not subject to 
section 503(b), including any measurement in the labeling of a dosage 
delivery device packaged with the liquid formulation, be expressed 
exclusively in metric units. The Secretary may waive the requirement in 
the preceding sentence with respect to one or more liquid formulations 
if the Secretary determines that, with respect to such formulations, 
implementation of such requirement would not benefit the public health.
    ``(3) In this paragraph:
            ``(A) The term `dosage delivery device'--
                    ``(i) means an object that is designed to measure 
                the dosage of a drug in liquid form and deliver that 
                drug to an individual; and
                    ``(ii) includes calibrated cups, droppers, 
                syringes, and spoons.
            ``(B) The term `flow restrictor' has such meaning as the 
        Secretary may prescribe by regulation.''.
    (b) Regulations.--Not later than 1 year after the date of enactment 
of this Act, the Secretary of Health and Human Services, acting through 
the Commissioner of Food and Drugs, shall--
            (1) promulgate a final rule implementing the amendment made 
        by subsection (a); and
            (2) include in such rule a definition of the term ``flow 
        restrictor''.
    (c) Applicability.--The amendment made by subsection (a) applies 
beginning on the date that is 1 year after the date of enactment of 
this Act.
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