--- Original Message ---
From: bigbootch
Received: 5/21/09 7:45:25 PM EDT
To: "TSA Contact Center" <[email protected]>
Subject: Prohibited Items

I had a question regarding items that are prohibited in carry-on luggage. As I understand the so-called 311 policy (as explained on the TSA website here: http://www.tsa.gov/assets/pdf/311_brochure.pdf), liquids and gels are prohibited in carry-on luggage except in a maximum of 3oz containers, all of which fit in one 1-quart bag. However, one of the exceptions to this is "All prescription and over-the-counter medications", as listed on the TSA website here: http://www.tsa.gov/311/311-carry-ons.shtm.

The U.S. Food and Drug Administration (FDA) considers fluoridated toothpaste to be an FDA-regulated over-the-counter medication (FDA website source here: http://www.fda.gov/buyonlineguide/OTClabel.htm). As such, I believe I was wronged when a tube of fluoridated toothpaste was confiscated from me at a TSA checkpoint at ORD. I explained to the supervisor exactly what I just outlined above, and he did not listen to me and made me throw it away anyway.



I would like clarification on the above points. From my perspective, the logic seems impeccable: TSA website says ALL prescription and OTC medications are allowed; FDA website says that fluoridated toothpaste is an FDA-regulated OTC medication; ergo, fluoridated toothpaste are allowed on carry-on luggage (above and beyond the 3 oz limit that non-medications are subject to). Could you confirm that this is correct? If not, then could you explain where my logic is flawed?

Thank you.

From: TSA Representative
Sent: Friday, June 19, 2009 2:04 PM
To: bigbootch
Cc: TSA-ContactCenter;
Subject: RE: Prohibited Items <<#328881-433815#>> - toothpaste



Dear bigbootch:



Thank you for your email to the TSA Contact Center. Yours is the first question to the TSA at O’Hare relating to the quantities of fluoride toothpaste allowed in carry-on baggage. I checked with the FDA and received this information:



Fluoride toothpaste is considered a drug. Some are OTC, some are prescription drugs if they have more than the allotted fluoride for OTC's.

Toothpaste without fluoride is considered a cosmetic product.



First of all, not all tubes of toothpaste are drugs and those that are not are clearly subjected to the 3-1-1 guidelines. For those that are, the question becomes just how much toothpaste is needed on a flight for medicinal purposes. Note the statements highlighted below.



- The exceptions to the 3-1-1 guidelines are exceptions made for people with disabilities or medical conditions, not the typical passenger passing through the checkpoint.

- Passengers with medical conditions are encouraged to limit the quantities to those needed for the duration of the flight.

- Supporting documentation for medications is encouraged.



We are continuing to permit prescription liquid medications and other liquids needed by persons with disabilities and medical conditions. This includes:



All prescription and over-the-counter medications (liquid, gel, and aerosol), including KY jelly, eye drops, and saline solution for medicinal purposes;

Liquids (to include water, juice, or liquid nutrition) or gels for passengers with a disability or medical condition;

Life support and life sustaining liquids (bone marrow, blood products, transplant organs);

Items used to augment the body for medical or cosmetic reasons (e.g. mastectomy products, prosthetic breasts, bras or shells) containing gels, saline solution, or other liquids; and

Gels or frozen liquids needed to cool disability or medically related items used by persons with disabilities or medical conditions.



Passengers with disabilities and medical conditions can choose to put their small bottles and items of liquid medication in the one quart sealable bag (mixed with toiletries) without the need to declare these items. However, if the liquid medications are in volumes larger than 3 ozs each, they may not be placed in the quart-size bag and must be declared to a Transportation Security Officer. A declaration can be made verbally, in writing, or by a person's companion, caregiver, interpreter, or family member. Declared liquid medications and other liquids for disabilities and medical conditions must be kept separate from all other property submitted for x-ray screening.



It is recommended (not required) that passengers bring along any supporting documentation (ID cards, letter from doctor, etc.) regarding their medication needs. It is recommended, not required, that the label on prescription medications match the passengers boarding pass. If the name on prescription medication label does not match the name of the passenger, the passenger should expect to explain why to the security officers.



To ensure a smooth screening process, passengers are encouraged to limit quantities to what is needed for the duration of the flight.



So, unless you have a physical disability or medical condition requiring a tube of toothpaste greater than the limits specified by the 3-1-1 guidelines, I recommend that you follow those guidelines when packing your toothpaste. If you do have a medical condition requiring fluoride toothpaste in quantities greater than 3 oz for a given flight, then I recommend you have medical documentation for your condition which explains why you need that much toothpaste in your carry-on. If the latter is the case, then I suggest you find lanes in airports reserved for families and people with medical needs; the Officers staffing those lanes are expecting passengers with special needs. We have such lanes at O’Hare.

Regards,
TSA Representative