Title 21, Food and DrugsRelease 119-110

§360e–1 Pediatric Uses of Devices

Title 21 › CHAPTER 9 — FEDERAL FOOD, DRUG, AND COSMETIC ACT › SUBCHAPTER V — DRUGS AND DEVICES › Part A — Drugs and Devices › § 360e–1

Last updated Sep 22, 2026|Official source

Summary

Anyone sending an application under section 360j(m) or an application, supplement, or product development plan under section 360e must include, if readily available, a simple description of any groups of children who have the disease or condition the device is for and how many pediatric patients are affected. Within 18 months after September 27, 2007, and every year after that, the Secretary must send a report to the Senate Committee on Health, Education, Labor, and Pensions and the House Committee on Energy and Commerce. The report must show counts and review information for devices tied to pediatric groups (including devices used in children but not labeled for them where labeling could help), devices with humanitarian exemptions under 360j(m), devices labeled for children, devices fee-exempt under section 379j(a)(2)(B)(v), the review times for these groups, and how often adult data or one pediatric subgroup’s data were used to support use in other pediatric groups. The report must break these numbers down by pediatric subgroup. If the disease and the device work the same way in adults and children, the Secretary may use adult data to show the device works in children. A separate study is not always needed for each pediatric subgroup if data from one group can be applied to another. The term “pediatric subpopulation” is defined in section 360j(m)(6)(E)(ii).

Full Legal Text

Title 21, §360e–1

Food and Drugs, Source: USLM XML via OLRC

(a)New devices
(1)In general
A person that submits to the Secretary an application under section 360j(m) of this title, or an application (or supplement to an application) or a product development protocol under section 360e of this title, shall include in the application or protocol the information described in paragraph (2).
(2)Required information
The application or protocol described in paragraph (1) shall include, with respect to the device for which approval is sought and if readily available—
(A)a description of any pediatric subpopulations that suffer from the disease or condition that the device is intended to treat, diagnose, or cure; and
(B)the number of affected pediatric patients.
(3)Annual report
Not later than 18 months after September 27, 2007, and annually thereafter, the Secretary shall submit to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Energy and Commerce of the House of Representatives a report that includes—
(A)the number of devices approved in the year preceding the year in which the report is submitted, for which there is a pediatric subpopulation that suffers from the disease or condition that the device is intended to treat, diagnose, or cure;
(B)any information, based on a review of data available to the Secretary, regarding devices used in pediatric patients but not labeled for such use for which the Secretary determines that approved pediatric labeling could confer a benefit to pediatric patients;
(C)the number of pediatric devices that receive a humanitarian use exemption under section 360j(m) of this title;
(D)the number of devices approved in the year preceding the year in which the report is submitted, labeled for use in pediatric patients;
(E)the number of pediatric devices approved in the year preceding the year in which the report is submitted, exempted from a fee pursuant to section 379j(a)(2)(B)(v) of this title;
(F)the review time for each device described in subparagraphs (A), (C), (D), and (E);
(G)the number of devices for which the Secretary relied on data with respect to adults to support a determination of a reasonable assurance of safety and effectiveness in pediatric patients; and
(H)the number of devices for which the Secretary relied on data from one pediatric subpopulation to support a determination of a reasonable assurance of safety and effectiveness in another pediatric subpopulation.
For the items described in this paragraph, such report shall disaggregate the number of devices by pediatric subpopulation.
(b)Determination of pediatric effectiveness based on similar course of disease or condition or similar effect of device on adults
(1)In general
If the course of the disease or condition and the effects of the device are sufficiently similar in adults and pediatric patients, the Secretary may conclude that adult data may be used to support a determination of a reasonable assurance of effectiveness in pediatric populations, as appropriate.
(2)Extrapolation between subpopulations
A study may not be needed in each pediatric subpopulation if data from one subpopulation can be extrapolated to another subpopulation.
(c)Pediatric subpopulation
For purposes of this section, the term “pediatric subpopulation” has the meaning given the term in section 360j(m)(6)(E)(ii) of this title.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

Amendments

2017—Subsec. (a)(3). Pub. L. 115–52 added subpars. (B), (C), (G), and (H), redesignated former subpars. (B) to (D) as (D) to (F), respectively, substituted “(C), (D), and (E);” for “(B), and (C).” in subpar. (F), and inserted concluding provisions.

Statutory Notes and Related Subsidiaries

Final Rule Relating to Tracking of Pediatric Uses of Devices Pub. L. 112–144, title VI, § 620(b),
July 9, 2012, 126 Stat. 1064, provided that: “The Secretary of Health and Human Services shall issue— “(1) a proposed rule implementing section 515A(a)(2) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360e–1(a)(2)) not later than
December 31, 2012; and “(2) a final rule implementing such section not later than
December 31, 2013.”

Reference

Citations & Metadata

Citation

21 U.S.C. § 360e–1

Title 21, Food and Drugs

Last Updated

Sep 22, 2026

Release point: 119-110