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States’ Limits On OTC Dextromethorphan Sales Could Force Congress’ Hand

 
• By Eileen Francis

US House legislation banning the sale of DXM OTCs to consumers under age 18 likely stands the same chance right now as previous versions that have failed, but CHPA expects an increasing number of state laws could spur future action.

The number of states that age-restrict sales of OTC dextromethorphan cough/cold drugs soon could reach a “tipping point” and spur Congress to enact a nationwide requirement to curb abuse of the ingredient by younger consumers, the Consumer Healthcare Products Association predicts.

CHPA prefers a nationwide age restriction on purchases of the products over varying state laws, saying that latter causes confusion among consumers and for retailers operating in states that don’t age-restrict the sales and in others that do. The trade group also backs a nationwide age restriction on DXM sales as a better option than a proposal FDA floated in 2010 to make all products containing the ingredient prescription-only. An advisory committee that year voted against a proposed controlled substance scheduling, which could have effectively made the ingredient entirely Rx

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