21 U.S.C. § 387r | Drug products used to treat tobacco dependence

(a)

In general

The Secretary shall—

(1)

section 356 of this title at the request of the applicant, consider designating products for smoking cessation, including nicotine replacement products as fast track research and approval products within the meaning of ;

(2)

consider approving the extended use of nicotine replacement products (such as nicotine patches, nicotine gum, and nicotine lozenges) for the treatment of tobacco dependence; and

(3)

review and consider the evidence for additional indications for nicotine replacement products, such as for craving relief or relapse prevention.

(b)

Report on innovative products

(1)

In general

June 22, 2009Not later than 3 years after , the Secretary, after consultation with recognized scientific, medical, and public health experts (including both Federal agencies and nongovernmental entities, the Institute of Medicine of the National Academy of Sciences, and the Society for Research on Nicotine and Tobacco), shall submit to the Congress a report that examines how best to regulate, promote, and encourage the development of innovative products and treatments (including nicotine-based and non-nicotine-based products and treatments) to better achieve, in a manner that best protects and promotes the public health—

(A)

total abstinence from tobacco use;

(B)

reductions in consumption of tobacco; and

(C)

reductions in the harm associated with continued tobacco use.

(2)

Recommendations

The report under paragraph (1) shall include the recommendations of the Secretary on how the Food and Drug Administration should coordinate and facilitate the exchange of information on such innovative products and treatments among relevant offices and centers within the Administration and within the National Institutes of Health, the Centers for Disease Control and Prevention, and other relevant agencies.

June 25, 1938, ch. 675, § 918 Pub. L. 111–31, div. A, title I, § 101(b)(3)June 22, 2009123 Stat. 1825(, as added , , .)

Statutory Notes and Related Subsidiaries

Modification of Deadlines for Secretarial Action

Pub. L. 111–31June 22, 2009section 387s of this title section 6 of Pub. L. 111–31 section 387 of this titleWith respect to any time periods specified in an amendment by div. A of that begin on , within which the Secretary of Health and Human Services is required to carry out and complete specified activities, with certain limitations, the calculation of such time periods shall commence on the first day of the first fiscal quarter following the initial 2 consecutive fiscal quarters of fiscal year 2010 for which the Secretary has collected fees under , and the Secretary may extend or reduce the duration of one or more such time periods, except that no such period shall be extended for more than 90 days, see , set out as a note under .