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GAO-08-565R 1 (2008-04-25)

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United States Government Accountability Office
Washington, DC 20548


           April 25, 2008

           The Honorable Tom A. Coburn, M.D.
           Ranking Member
           Subcommittee on Federal Financial Management,
           Government Information, Federal Services,
           and International Security
           Committee on Homeland Security and
           Governmental Affairs
           United States Senate

           Subject: Food and Drug Administration: Agency Complied with Statutory Requirement to
                  Reexamine Condom Labels

           Dear Senator Coburn:

           Sexually transmitted diseases (STDs) affect men and women of all backgrounds and
           economic levels and remain a major public health challenge in the United States.' While
           substantial progress has been made in preventing, diagnosing, and treating certain STDs, an
           estimated 19 million new infections occur annually.2 According to the Centers for Disease
           Control and Prevention (CDC), correct and consistent use of a male latex condom can
           reduce, but not eliminate, the risk of STD transmission.

           Although male latex condoms have been proven to be highly effective in preventing
           HIV/AIDS, concerns have been raised over the past decade that condom labels do not include
           accurate information about condoms' effectiveness in preventing other STDs, including the
           human papillomavirus (HPV). A provision enacted as part of the Consolidated Appropriations
           Act, 2001, required the Secretary of Health and Human Services (HHS) to reexamine existing
           condom labels3 to determine whether they are medically accurate regarding the effectiveness
           of condoms in preventing STDs.4 You asked us to address issues related to condom labels. In
           this report, we discuss the scope of this statutory requirement and assess the extent to which
           the Food and Drug Administration (FDA)-the agency within HHS responsible for the
           regulation of medical devices, including condoms-complied with the requirement.


           'Included among STDs are HIV/AIDs, the human papillomavirus, gonorrhea, syphilis, and chlamydia.
           2Centers for Disease Control and Prevention, Trends in Reportable Sexually Transmitted Diseases in
           the United States 2004, National Surveillance Data for Chlamydia, Gonorrhea, and Syphilis
           (November 2005).
           3The term label generally refers to the written or printed matter on the immediate container of a
           device, while labeling refers to all labels and other printed materials on or accompanying a device.
           21 U.S.C. §§ 321(k), (m).
           4Pub. L. No. 106-554, app. A, § 516(b), 114 Stat. 2763, 2763A-73 (2000). Throughout this report, we refer
           to this provision as section 516(b).


GAO-08-565R Condom Labeling

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