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Co-Authored-By: Claude Opus 4.8 <noreply@anthropic.com>
2026-07-06 10:51:44 -04:00

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LegalText 21 U.S.C. § 353c Prereview of television advertisements us united_states_code code_section 21 FOOD AND DRUGS 9 FEDERAL FOOD, DRUG, AND COSMETIC ACT 353c 21 U.S.C. § 353c 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/s353c data/legal/raw/us/code/title-21/usc21.xml 653fb5429d3aeb466c00ebae4eb18fdedf2360496c1edfadfc7d1aa1d4891bfd 3dbd7a61c8616baefb8459bd8dac3b93242106deb416308c8d4dd5a9143176d1 a0e2c9ab758f5fc2edd471b88aee264e1e33a0528ab714f5f8a17aad48dd00a4 2026-07-04 official
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21 U.S.C. § 353c - Prereview of television advertisements

Text

(a) In general The Secretary may require the submission of any television advertisement for a drug (including any script, story board, rough, or a completed video production of the television advertisement) to the Secretary for review under this section not later than 45 days before dissemination of the television advertisement.

(b) Review In conducting a review of a television advertisement under this section, the Secretary may make recommendations with respect to information included in the label of the drug—

(1) on changes that are—

(A) necessary to protect the consumer good and well-being; or

(B) consistent with prescribing information for the product under review; and

(2) if appropriate and if information exists, on statements for inclusion in the advertisement to address the specific efficacy of the drug as it relates to specific population groups, including elderly populations, children, and racial and ethnic minorities.

(c) No authority to require changes Except as provided by subsection (e), this section does not authorize the Secretary to make or direct changes in any material submitted pursuant to subsection (a).

(d) Elderly populations, children, racially and ethnically diverse communities In formulating recommendations under subsection (b), the Secretary shall take into consideration the impact of the advertised drug on elderly populations, children, and racially and ethnically diverse communities.

(e) Specific disclosures (1) Serious risk; safety protocol In conducting a review of a television advertisement under this section, if the Secretary determines that the advertisement would be false or misleading without a specific disclosure about a serious risk listed in the labeling of the drug involved, the Secretary may require inclusion of such disclosure in the advertisement.

(2) Date of approval In conducting a review of a television advertisement under this section, the Secretary may require the advertisement to include, for a period not to exceed 2 years from the date of the approval of the drug under section 355 of this title or section 262 of title 42, a specific disclosure of such date of approval if the Secretary determines that the advertisement would otherwise be false or misleading.

(f) Rule of construction Nothing in this section may be construed as having any effect on requirements under section 352(n) of this title or on the authority of the Secretary under section 314.550, 314.640, 601.45, or 601.94 of title 21, Code of Federal Regulations (or successor regulations).

(June 25, 1938, ch. 675, § 503C, formerly § 503B, as added Pub. L. 11085, title IX, § 901(d)(2), Sept. 27, 2007, 121 Stat. 939, renumbered § 503C, Pub. L. 11354, title I, § 102(a)(1), Nov. 27, 2013, 127 Stat. 587.)

Notes

Editorial Notes

Codification Section was formerly classified to section 353b of this title prior to renumbering by Pub. L. 11354.

Statutory Notes and Related Subsidiaries

Effective DateSection effective 180 days after Sept. 27, 2007, see section 909 of Pub. L. 11085, set out as an Effective Date of 2007 Amendment note under section 331 of this title.