US Code

Public Law 119-73 (01/23/2026)

21 U.S.C. § 355b

Adverse-event reporting

(a)

Toll-free number in labeling

21 U.S.C. 355Not later than one year after , 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 [] (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

1

1 So in original. Probably should be preceded by “section”.
21 U.S.C. 355asection 393a of this title2
2 So in original. Probably should be “Committee”.
21 U.S.C. 301During the one year beginning on the date on which a drug receives a period of market exclusivity under 505A  of the Federal Food, Drug, and Cosmetic Act [], 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 . 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  regarding whether the Secretary should take action under the Federal Food, Drug, and Cosmetic Act [ 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. 107–109, § 17115 Stat. 1422Pub. L. 108–155, § 3(b)(5)117 Stat. 1942(, , ; , , .)

Editorial Notes

References in Text

act June 25, 1938, ch. 67552 Stat. 1040section 301 of this titleThe Federal Food, Drug, and Cosmetic Act, referred to in subsec. (b)(1), is , , which is classified generally to this chapter. For complete classification of this Act to the Code, see 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

Pub. L. 108–1552003—Subsec. (b)(1). struck out “Advisory Subcommittee of the Anti-Infective Drugs” before “Advisory Committee”.

Statutory Notes and Related Subsidiaries

Effective Date of 2003 Amendment

Pub. L. 108–155section 4 of Pub. L. 108–155section 355c of this titleAmendment by effective , except as otherwise provided, see , set out as an Effective Date note under .