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Importation of Certain FDA- Approved Human Prescription Drugs, Including Biological Products, and Combination Products under Section 801(d)(1)(B) of the Federal Food, Drug, and Cosmetic Act: Guidance for Industry

FinalCenter for Biologics Evaluation and Research Center for Drug Evaluation and Research Office of Inspections and Investigations Office of the Commissioner,Office of Clinical Policy and Programs,Office of Combination Products10/01/2020

Description

This guidance describes recommended procedures to obtain a National Drug Code (NDC) for certain FDA-approved prescription drug products that are imported into the United States in compliance with section 801 of the Federal Food, Drug, and Cosmetic Act (FD&C Act) (21 U.S.C. 381). As described in further detail in the Background section of this guidance, this guidance specifically addresses FDA-approved drugs that are also authorized for sale in a foreign country in which the drugs were originally intended to be marketed (hereinafter “multi-market approved products” or “MMA products”).

Scope & Applicability

Product Classes

3
Combination Product

Products combining drug, device, or biological constituents; Generally recommended for Enhanced Documentation; Requires 14971-based framework incorporating ICH Q9; A drug-device combination where the device constituent part detects ingestion.

Biological Product

Regulated under section 351(i) of the PHS Act; Virus, therapeutic serum, toxin, vaccine, or protein applicable to prevention or treatment; Alternative regulation category for products meeting device definition

MMA product

FDA-approved drugs authorized for sale in a foreign country originally intended to be marketed there; Multi-market approved product originally intended for sale in another country; Multi-Market Approved product authorized by the manufacturer to be marketed in the United States

Stakeholders

4
Manufacturer

Entity responsible for submitting NDINs

authorized importer

Entity whose name, address, and telephone number must be included in the import report

applicant

entity submitting marketing applications

authorized trading partner

Entities such as manufacturers, repackagers, wholesale distributors, and dispensers.

Regulatory Context

Attributes

1
dosage form

The physical form of the drug product.

Identified Hazards

Hazards

1
Counterfeit drug

Suspicious activity that must be reported to FDA

Related CFR Sections (3)

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See Also (8)