EMA has published a draft guideline on the use of phthalates as excipients in human medicinal products. The guideline establishes new Permitted Daily Exposure (“PDE”) values for the following phthalates that are among the most commonly used as excipients in medicinal products:

  • dibutyl phthalate: 0.01 mg/kg/day
  • diethyl phthalate: 4 mg/kg/day
  • polyvinyl acetate phthalate: 2 mg/kg/day

The guideline also concludes that data currently available for cellulose acetate phthalate and hydroxypropyl methylcellulose acetate phthalate do not indicate that their presence in human medicinal products constitutes a potential risk for human safety.

As from the final adoption of the guideline, applications for the marketing authorization of new medicinal products will be expected to comply with the PDE values of the guideline.  Already authorized medicinal products will have a maximum of three years to comply with the new PDE values.

Importantly, the guideline states that its recommendations should be considered precautionary measures and that daily exposure values above the PDE values “could be accepted as exceptions, on a case-by-case basis, taking into consideration the intended patient population, the disease seriousness and the presence or not of alternative treatment options.”

It is noteworthy that the use of dibutyl phthalate and other phthalates in non-medicinal products is already subject to restrictions under the REACH Regulation on chemicals and other EU product specific legislation.

Interested parties may submit comments on the draft guideline until October 31, 2013.  Comments should follow the template document provided in the draft guideline and should be sent by email to SWP-H@ema.europa.eu.

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Photo of Cándido García Molyneux Cándido García Molyneux

Cándido García Molyneux provides clients with regulatory, policy and strategic advice on EU environmental and product safety legislation. He helps clients influence EU legislation and guidance and comply with requirements in an efficient manner, representing them before the EU Courts and institutions.

Cándido…

Cándido García Molyneux provides clients with regulatory, policy and strategic advice on EU environmental and product safety legislation. He helps clients influence EU legislation and guidance and comply with requirements in an efficient manner, representing them before the EU Courts and institutions.

Cándido co-chairs the firm’s Environmental Practice Group.

Cándido has a deep knowledge of EU requirements on chemicals, circular economy and waste management, climate change, energy efficiency, renewable energies as well as their interrelationship with specific product categories and industries, such as electronics, cosmetics, healthcare products, and more general consumer products.

In addition, Cándido has particular expertise on EU institutional and trade law, and the import of food products into the EU. Cándido also regularly advises clients on Spanish food and drug law.

Cándido is described by Chambers Europe as being “creative and frighteningly smart.” His clients note that “he has a very measured, considered, deliberative manner,” and that “he has superb analytical and writing skills.”