§ 353c. Prereview of television advertisements

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 2007

   Food and Drug Administration Amendments Act of 2007

   Pub. L. 110–85 title IX § 901(d)(2) · 121 Stat. 823

   Enacted · 21 U.S.C. § 353c

   (June 25, 1938, ch. 675, § 503C, formerly § 503B, as added Pub. L. 110–85, title IX, § 901(d)(2), Sept. 27, 2007, 121 Stat. 939, renumbered § 503C, Pub. L. 113–54, title I, § 102(a)(1), Nov. 27, 2013, 127 Stat. 587.)

   Source evidence

   Code source credit
   (June 25, 1938, ch. 675, § 503C, formerly § 503B, as added Pub. L. 110–85, title IX, § 901(d)(2), Sept. 27, 2007, 121 Stat. 939, renumbered § 503C, Pub. L. 113–54, title I, § 102(a)(1), Nov. 27, 2013, 127 Stat. 587.)

   Enacted provision · exact public law section
   (2) by inserting after section 503A the following: “SEC. 503B. PREREVIEW OF TELEVISION ADVERTISEMENTS. “(a) In General.— The Secretary may require the submission of any television advertisement for a drug (including any script, story board, rough, or a completed video production of the television advertisement) to the Secretary for review under this section not later than 45 days before dissemination of the television advertisement. “(b) Review.— In conducting a review of a television advertisement under this section, the Secretary may make recommendations with respect to information included in the label of the drug— “(1) on changes that are— “(A) necessary to protect the consumer good and well-being; or “(B) consistent with prescribing information for the product under review; and “(2) if appropriate and if information exists, on statements for inclusion in the advertisement to address the specific efficacy of the drug as it relates to specific population groups, including elderly populations, children, and racial and ethnic minorities. “(c) No Authority to Require Changes.— Except as provided by subsection (e), this section does not authorize the Secretary to make or direct changes in any material submitted pursuant to subsection (a). “(d) Elderly Populations, Children, Racially and Ethnically Diverse Communities.— In formulating recommendations under subsection (b), the Secretary shall take into consideration the impact of the advertised drug on elderly populations, children, and racially and ethnically diverse communities. “(e) Specific Disclosures.— “(1) Serious risk; safety protocol.— In conducting a review of a television advertisement under this section, if the Secretary determines that the advertisement would be false or misleading without a specific disclosure about a serious risk listed in the labeling of the drug involved, the Secretary may require inclusion of such disclosure in the advertisement. “(2) Date of approval.— In conducting a review of a television advertisement under this section, the Secretary may require the advertisement to include, for a period not to exceed 2 years from the date of the approval of the drug under section 505 or section 351 of the Public Health Service Act, a specific disclosure of such date of approval if the Secretary determines that the advertisement would otherwise be false or misleading. “(f) Rule of Construction.— Nothing in this section may be construed as having any effect on requirements under section 502(n) or on the authority of the Secretary under section 314.550, 314.640, 601.45, or 601.94 of title 21, Code of Federal Regulations (or successor regulations).” .

1 of 1 references resolved to an enrolled provision