US Code

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

21 U.S.C. § 356i

Prompt reports of marketing status

(a)

Notification of withdrawal

section 355 of this titlesection 262 of title 42The holder of an application approved under subsection (c) or (j) of or subsection (a) or (k) of shall notify the Secretary in writing 180 days prior to withdrawing the approved drug from sale, or if 180 days is not practicable as soon as practicable but not later than the date of withdrawal. The holder shall include with such notice the—
(1)
National Drug Code;
(2)
identity of the drug by established name (or, in the case of a biological product, the proper name) and by proprietary name, if any;
(3)
new drug application number, abbreviated application number, or biologics license application number;
(4)
strength of the drug;
(5)
date on which the drug is expected to no longer be available for sale; and
(6)
reason for withdrawal of the drug.
(b)

Notification of drug not available for sale

section 355 of this titlesection 262 of title 42The holder of an application approved under subsection (c) or (j) of or subsection (a) or (k) of shall notify the Secretary in writing within 180 calendar days of the date of approval of the drug if the drug will not be available for sale within 180 calendar days of such date of approval. The holder shall include with such notice the—
(1)
identity of the drug by established name (or, in the case of a biological product, the proper name) and by proprietary name, if any;
(2)
new drug application number, abbreviated application number, or biologics license application number;
(3)
strength of the drug;
(4)
date on which the drug will be available for sale, if known; and
(5)
reason for not marketing the drug after approval.
(c)

Additional one-time report

section 262 of title 42section 262(k)(9)(A) of title 42Within 180 days of , all holders of applications approved under subsection (a) or (k) of shall review the information in the list published under and shall submit a written notice to the Secretary—
(1)
section 262(k)(9)(A) of title 42 stating that all of the application holder’s biological products in the list published under such that are not listed as discontinued are available for sale; or
(2)
section 262(k)(9)(A) of title 42 including the information required pursuant to subsection (a) or (b), as applicable, for each of the application holder’s biological products that are in the list published under such and not listed as discontinued, but have been discontinued from sale or never have been available for sale.
(d)

Failure to meet requirements

If a holder of an approved application fails to submit the information required under subsection (a), (b), or (c), the Secretary may—
(1)
section 355(j)(7)(A) of this titlesection 355(j)(7)(C) of this title move the application holder’s drugs from the active section of the list published under to the discontinued section of the list, except that the Secretary shall remove from the list in accordance with drugs the Secretary determines have been withdrawn from sale for reasons of safety or effectiveness; and
(2)
section 262(k)(9)(A) of title 42 identify the application holder’s biological products as discontinued in the list published under , except that the Secretary shall remove from the list in accordance with section 262(k)(9)(B) of such title biological products for which the license has been revoked or suspended for reasons of safety, purity, or potency.
(e)

Updates

section 355(j)(7)(A) of this titlesection 355(j)(7)(C) of this titlesection 262(k)(9)(A) of title 42section 262(k)(9)(B) of title 42The Secretary shall update the list published under based on the information provided under subsections (a), (b), and (c) by moving drugs that are not available for sale from the active section to the discontinued section of the list, except that drugs the Secretary determines have been withdrawn from sale for reasons of safety or effectiveness shall be removed from the list in accordance with . The Secretary shall update the list published under based on information provided under subsections (a), (b), and (c) by identifying as discontinued biological products that are not available for sale, except that biological products for which the license has been revoked or suspended for safety, purity, or potency reasons shall be removed from the list in accordance with . The Secretary shall make monthly updates to the lists referred to in the preceding sentences based on the information provided pursuant to subsections (a) and (b), and shall update such lists based on the information provided under subsection (c) as soon as practicable.

(f)

Limitation on use of notices

Any notice submitted under this section shall not be made public by the Secretary and shall be used solely for the purpose of the updates described in subsection (e).

June 25, 1938, ch. 675, § 506IPub. L. 115–52, title VIII, § 804131 Stat. 1071Pub. L. 117–328, div. FF, title III, § 3201136 Stat. 5808(, as added , , ; amended , , .)

Editorial Notes

Amendments

Pub. L. 117–328, § 3201(a)(1)(A)section 355 of this titlesection 262 of title 42section 355 of this title2022—Subsec. (a). , substituted “The holder of an application approved under subsection (c) or (j) of or subsection (a) or (k) of ” for “The holder of an application approved under subsection (c) or (j) of ” in introductory provisions.

Pub. L. 117–328, § 3201(a)(1)(B)Subsec. (a)(2). , substituted “established name (or, in the case of a biological product, the proper name)” for “established name”.

Pub. L. 117–328, § 3201(a)(1)(C)Subsec. (a)(3). , substituted “, abbreviated application number, or biologics license application number” for “or abbreviated application number”.

Pub. L. 117–328, § 3201(a)(2)(A)section 355 of this titlesection 262 of title 42Subsec. (b). , substituted “The holder of an application approved under subsection (c) or (j) of or subsection (a) or (k) of ” for “The holder of an application approved under subsection (c) or (j)” in introductory provisions.

Pub. L. 117–328, § 3201(a)(2)(B)Subsec. (b)(1). , substituted “established name (or, in the case of a biological product, the proper name)” for “established name”.

Pub. L. 117–328, § 3201(a)(2)(C)Subsec. (b)(2). , substituted “, abbreviated application number, or biologics license application number” for “or abbreviated application number”.

Pub. L. 117–328, § 3201(b)Subsec. (c). , amended subsec. (c) generally. Prior to amendment, subsec. (c) related to an additional one-time report to be done within 180 days of .

Pub. L. 117–328, § 3201(c)(1)section 355(j)(7)(A) of this titlesection 355(j)(7)(C) of this titleSubsec. (d). , added subsec. (d) and struck out former subsec. (d). Prior to amendment, text read as follows: “If a holder of an approved application fails to submit the information required under subsection (a), (b), or (c), the Secretary may move the application holder’s drugs from the active section of the list published under sub to the discontinued section of the list, except that the Secretary shall remove from the list in accordance with sub drugs the Secretary determines have been withdrawn from sale for reasons of safety of effectiveness.”

Pub. L. 117–328, § 3201(d)section 355(j)(7)(A) of this titlesection 355(j)(7)(A) of this titlesection 355(j)(7)(C) of this titlesection 355(j)(7)(C) of this titleSubsec. (e). , substituted “” for “sub” and “” for “sub”.

Pub. L. 117–328, § 3201(c)(2)section 262(k)(9)(A) of title 42section 262(k)(9)(B) of title 42, inserted “The Secretary shall update the list published under based on information provided under subsections (a), (b), and (c) by identifying as discontinued biological products that are not available for sale, except that biological products for which the license has been revoked or suspended for safety, purity, or potency reasons shall be removed from the list in accordance with .” before “The Secretary shall make monthly updates” and substituted “monthly updates to the lists referred to in the preceding sentences” for “monthly updates to the list” and “and shall update such lists based on” for “and shall update the list based on”.