21 CFR Part 201 · Labeling

§ 201.115 New drugs or new animal drugs

Subpart D - Exemptions From Adequate Directions for Use Official text on eCFR Amendment history

A new drug shall be exempt from section 502(f)(1) of the act:

(a) To the extent to which such exemption is claimed in an approved application with respect to such drug under section 505 or 512 of the act or an index listing with respect to such drug under section 572 of the act; or

(b) If no application under section 505 or 512 of the act is approved and no request for addition to the index is granted under section 572 with respect to such drug but it complies with section 505(i), 512(j), or 572(g) of the act and regulations thereunder.

No exemption shall apply to any other drug which would be a new drug if its labeling bore representations for its intended uses.

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Warning letters citing § 201.115

363 FDA warning letters since 2017 cite this section ; the most recent:

Amendment history

Federal Register documents that created or amended this section.