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LegalText 21 U.S.C. § 355b Adverse-event reporting us united_states_code code_section 21 FOOD AND DRUGS 9 FEDERAL FOOD, DRUG, AND COSMETIC ACT 355b 21 U.S.C. § 355b current 119-100 2026-06-26 official https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc21@119-100.zip /us/usc/t21/s355b data/legal/raw/us/code/title-21/usc21.xml 51665ee55c188f51124a2c0c82f96818bf00e2630eec90b599fd151ae2bb1f5a 3dbd7a61c8616baefb8459bd8dac3b93242106deb416308c8d4dd5a9143176d1 a7729972e2f58d3d263401aeac253978b8d5419b109f1c49725a66efb1013d25 2026-07-04 official
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21 U.S.C. § 355b - Adverse-event reporting

Text

(a) Toll-free number in labeling Not later than one year after January 4, 2002, the Secretary of Health and Human Services shall promulgate a final rule requiring that the labeling of each drug for which an application is approved under section 505 of the Federal Food, Drug, and Cosmetic Act [21 U.S.C. 355] (regardless of the date on which approved) include the toll-free number maintained by the Secretary for the purpose of receiving reports of adverse events regarding drugs and a statement that such number is to be used for reporting purposes only, not to receive medical advice. With respect to the final rule:

(1) The rule shall provide for the implementation of such labeling requirement in a manner that the Secretary considers to be most likely to reach the broadest consumer audience.

(2) In promulgating the rule, the Secretary shall seek to minimize the cost of the rule on the pharmacy profession.

(3) The rule shall take effect not later than 60 days after the date on which the rule is promulgated.

(b) Drugs with pediatric market exclusivity (1) In general During the one year beginning on the date on which a drug receives a period of market exclusivity under 505A 11 So in original. Probably should be preceded by “section”. of the Federal Food, Drug, and Cosmetic Act [21 U.S.C. 355a], any report of an adverse event regarding the drug that the Secretary of Health and Human Services receives shall be referred to the Office of Pediatric Therapeutics established under section 393a of this title. In considering the report, the Director of such Office shall provide for the review of the report by the Pediatric Advisory Committee, including obtaining any recommendations of such subcommittee 22 So in original. Probably should be “Committee”. regarding whether the Secretary should take action under the Federal Food, Drug, and Cosmetic Act [21 U.S.C. 301 et seq.] in response to the report.

(2) Rule of construction Paragraph (1) may not be construed as restricting the authority of the Secretary of Health and Human Services to continue carrying out the activities described in such paragraph regarding a drug after the one-year period described in such paragraph regarding the drug has expired.

(Pub. L. 107109, § 17, Jan. 4, 2002, 115 Stat. 1422; Pub. L. 108155, § 3(b)(5), Dec. 3, 2003, 117 Stat. 1942.)

Notes

Editorial Notes

References in TextThe Federal Food, Drug, and Cosmetic Act, referred to in subsec. (b)(1), is act June 25, 1938, ch. 675, 52 Stat. 1040, which is classified generally to this chapter. For complete classification of this Act to the Code, see section 301 of this title and Tables.

Codification Section was enacted as part of the Best Pharmaceuticals for Children Act, and not as part of the Federal Food, Drug, and Cosmetic Act which comprises this chapter.

Amendments2003—Subsec. (b)(1). Pub. L. 108155 struck out “Advisory Subcommittee of the Anti-Infective Drugs” before “Advisory Committee”.

Statutory Notes and Related Subsidiaries

Effective Date of 2003 AmendmentAmendment by Pub. L. 108155 effective Dec. 3, 2003, except as otherwise provided, see section 4 of Pub. L. 108155, set out as an Effective Date note under section 355c of this title.