Title 21Food and DrugsRelease 119-73

§355b Adverse-event reporting

Title 21 › Chapter CHAPTER 9— - FEDERAL FOOD, DRUG, AND COSMETIC ACT › Subchapter SUBCHAPTER V— - DRUGS AND DEVICES › Part Part A— - Drugs and Devices › § 355b

Last updated Apr 6, 2026|Official source

Summary

Within one year after January 4, 2002, the Secretary of Health and Human Services must issue a final rule that makes every drug approved under section 505 show the Secretary’s toll-free phone number on its label. The label must also say the number is only for reporting bad reactions, not for medical advice. The rule must be written so it reaches as many consumers as possible, try to keep pharmacy costs low, and must start no later than 60 days after it is issued. This applies to drugs no matter when they were approved. For the first year after a drug gets market exclusivity under section 505A, any adverse-event report about that drug that the Secretary receives must be sent to the Office of Pediatric Therapeutics. The Office director must have the Pediatric Advisory Committee review the report and get its recommendations on whether the Secretary should take action under the Food, Drug, and Cosmetic Act. The Secretary can still do these reviews or actions after that one-year period ends.

Full Legal Text

Title 21, §355b

Food and Drugs — Source: USLM XML via OLRC

(a)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)(1)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)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.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

References in Text

The 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.

Amendments

2003—Subsec. (b)(1). Pub. L. 108–155 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. 108–155 effective Dec. 3, 2003, except as otherwise provided, see section 4 of Pub. L. 108–155, set out as an

Effective Date

note under section 355c of this title.

Reference

Citations & Metadata

Citation

21 U.S.C. § 355b

Title 21Food and Drugs

Last Updated

Apr 6, 2026

Release point: 119-73