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Alternative approaches should be discussed in advance with the relevant program area to avoid possibly finding that applicable statutory or regulatory requirements have not been met.As a corollary to the above, it is equally important to note that Health Canada reserves the right to request information or material, or define conditions not specifically described in this document.Health Canada is committed to ensuring that such requests are justifiable and that decisions are clearly documented.To provide market authorization holders direction on the process to be followed and information to be submitted to Health Canada regarding the potential for a proposed name to be misleading or confused with another product authorized for use in Canada with the aim of preventing medication errors.However, in this case, a sponsor may not sell the product under a name other than the common/proper name without filing a supplemental submission and obtaining an NOC or DIN for a different product name.
If confusion with the proposed brand name is considered likely and could result in safety concerns, then the Health Products and Food Branch (HPFB) can refuse to issue an NOC (for new drugs only) or a Drug Identification Number (for new drugs and existing drugs) as per C.01.014 and C.08.004 of the also provide authority to the regulator to address safety issues when identified post-market.
Health Canada may invoke C.08.006 or C.01.013 of the Health Canada has the regulatory authority to consider brand names when making a decision on whether or not to grant a Notice of Compliance and issue a Drug Identification Number to a sponsor.
As per the Where Health Canada is not satisfied in its queries and it is evident that a potential safety risk exists with the proposed brand name, Health Canada is entitled to refuse to issue a NOC/DIN in accordance with subsections C.01.014.2 and C.08.004 of the The guidance stated Health Canada's expectations and sought to generate consistency in the information submitted by sponsors regarding the impact of a proposed name on the safe use of a health product.
Guidance documents are administrative instruments not having force of law and, as such, allow for flexibility in approach.
Alternative approaches to the principles and practices described in this document may be acceptable provided they are supported by adequate justification.
A generic drug where the manufacturer's name or an abbreviation of the manufacturer's name is combined with the proper/common (non-proprietary) name is considered a brand name (e.g., Canada-Furosemide Tablets or Can-Furosemide Tablets where Canada is the manufacturer's name, Can is the abbreviation of the manufacturer's name and the product is furosemide).