Title 21, Food and DrugsRelease 119-110

§355g Utilizing Real World Evidence

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

Last updated Sep 22, 2026|Official source

Summary

The Secretary must set up a program to study using real-world evidence to help approve new uses for already approved drugs and to help meet postapproval study requirements. Real-world evidence means data about how a drug is used and its benefits or risks that come from places other than traditional clinical trials. Within 2 years after December 13, 2016, the Secretary must publish a draft plan showing data sources (like safety monitoring, observational studies, registries, claims, and patient-centered research), gaps in data, methods and standards for collecting and analyzing the data, and priority topics and possible pilot projects. The Secretary must consult with industry, researchers, medical groups, patient and consumer organizations, and others, using partnerships, contracts or grants, or public workshops. The program must begin within 3 years after December 13, 2016. The program must be used to make guidance for drug makers on when and how real-world evidence can be used and on proper collection and analysis methods. A draft guidance must be issued no later than 5 years after December 13, 2016, and a revised draft or final guidance must follow within 18 months after the public comment period ends. The Secretary may use real-world evidence for other purposes if there is a sufficient basis, but this does not change existing evidence standards or the Secretary’s power to require studies or trials.

Full Legal Text

Title 21, §355g

Food and Drugs, Source: USLM XML via OLRC

(a)In general
The Secretary shall establish a program to evaluate the potential use of real world evidence—
(1)to help to support the approval of a new indication for a drug approved under section 355(c) of this title; and
(2)to help to support or satisfy postapproval study requirements.
(b)Real world evidence defined
In this section, the term “real world evidence” means data regarding the usage, or the potential benefits or risks, of a drug derived from sources other than traditional clinical trials.
(c)Program framework
(1)In general
Not later than 2 years after December 13, 2016, the Secretary shall establish a draft framework for implementation of the program under this section.
(2)Contents of framework
The framework shall include information describing—
(A)the sources of real world evidence, including ongoing safety surveillance, observational studies, registries, claims, and patient-centered outcomes research activities;
(B)the gaps in data collection activities;
(C)the standards and methodologies for collection and analysis of real world evidence; and
(D)the priority areas, remaining challenges, and potential pilot opportunities that the program established under this section will address.
(3)Consultation
(A)In general
In developing the program framework under this subsection, the Secretary shall consult with regulated industry, academia, medical professional organizations, representatives of patient advocacy organizations, consumer organizations, disease research foundations, and other interested parties.
(B)Process
The consultation under subparagraph (A) may be carried out through approaches such as—
(i)a public-private partnership with the entities described in such subparagraph in which the Secretary may participate;
(ii)a contract, grant, or other arrangement, as the Secretary determines appropriate, with such a partnership or an independent research organization; or
(iii)public workshops with the entities described in such subparagraph.
(d)Program implementation
The Secretary shall, not later than 3 years after December 13, 2016, and in accordance with the framework established under subsection (c), implement the program to evaluate the potential use of real world evidence.
(e)Guidance for industry
The Secretary shall—
(1)utilize the program established under subsection (a), its activities, and any subsequent pilots or written reports, to inform a guidance for industry on—
(A)the circumstances under which sponsors of drugs and the Secretary may rely on real world evidence for the purposes described in paragraphs (1) and (2) of subsection (a); and
(B)the appropriate standards and methodologies for collection and analysis of real world evidence submitted for such purposes;
(2)not later than 5 years after December 13, 2016, issue draft guidance for industry as described in paragraph (1); and
(3)not later than 18 months after the close of the public comment period for the draft guidance described in paragraph (2), issue revised draft guidance or final guidance.
(f)Rule of construction
(1)In general
Subject to paragraph (2), nothing in this section prohibits the Secretary from using real world evidence for purposes not specified in this section, provided the Secretary determines that sufficient basis exists for any such nonspecified use.
(2)Standards of evidence and Secretary’s authority
This section shall not be construed to alter—
(A)the standards of evidence under—
(i)subsection (c) or (d) of section 355 of this title, including the substantial evidence standard in such subsection (d); or
(ii)section 262(a) of title 42; or
(B)the Secretary’s authority to require postapproval studies or clinical trials, or the standards of evidence under which studies or trials are evaluated.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

Amendments

2017—Subsec. (b). Pub. L. 115–52, § 901(c), substituted “traditional” for “randomized”. Subsec. (d). Pub. L. 115–52, § 901(d), substituted “3 years” for “2 years”.

Reference

Citations & Metadata

Citation

21 U.S.C. § 355g

Title 21, Food and Drugs

Last Updated

Sep 22, 2026

Release point: 119-110