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21 U.S.C. § 331

Prohibited acts

United States · Title 21 — FOOD AND DRUGS · Status: effective

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21 U.S.C. § 331, Prohibited acts, United States, version 1 as recorded 2026-07-09, yourstate.us, https://yourstate.us/provision/454175
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The following acts and the causing thereof are prohibited: The failure or refusal— In the case of a drug, device, or food— The introduction or delivery for introduction into interstate commerce of any food to which has been added a drug approved under section 355 of this title, a biological product licensed under section 262 of title 42, or a drug or a biological product for which substantial clinical investigations have been instituted and for which the existence of such investigations has been made public, unless— the use of the drug or the biological product in the food is to enhance the safety of the food to which the drug or the biological product is added or applied and not to have independent biological or therapeutic effects on humans, and the use is in conformity with— Making any express or implied statement or representation directed to consumers with respect to a tobacco product, in a label or labeling or through the media or advertising, that either conveys, or misleads or would mislead consumers into believing, that— the product is safe or less harmful by virtue of— In this paragraph— The failure of a sponsor of a product approved under accelerated approval pursuant to section 356(c) of this title—

Legislative history

The public laws that enacted or amended this section. Tallies are for the whole bill as it passed each chamber — often an omnibus covering far more than this provision — not a vote on this section alone. The law that originally enacted this section predates the public laws loaded here, so only later amendments are listed.

  • Amended byPub. L. 94-295(S. 510)1976-05-28
    Medical Device Amendments of 1976
    House: no recorded tallySenate: no recorded tally
  • Amended byPub. L. 96-359(H.R. 6940)1980-09-26
    An act to amend the Federal Food, Drug, and Cosmetic Act to strengthen the authority under that Act to assure the safety and nutrition of infant formulas, and for other purposes.
    House: no recorded tallySenate: no recorded tally
  • Amended byPub. L. 99-570(H.R. 5484)1986-10-27
    Anti-Drug Abuse Act of 1986
    House: no recorded tallySenate: no recorded tally
  • Amended byPub. L. 100-293(H.R. 1207)1988-04-22
    Prescription Drug Marketing Act of 1987
    House: no recorded tallySenate: no recorded tally
  • Amended byPub. L. 101-502(H.R. 4238)1990-11-03
    Vaccine and Immunization Amendments of 1990
    House: no recorded tallySenate: no recorded tally
  • Amended byPub. L. 101-508(H.R. 5835)1990-11-05
    Omnibus Budget Reconciliation Act of 1990
  • Amended byPub. L. 102-300(S. 2783)1992-06-16
    Medical Device Amendments of 1992
    House: no recorded tallySenate: no recorded tally
  • Amended byPub. L. 102-571(H.R. 6181)1992-10-29
    To amend the Federal Food, Drug, and Cosmetic Act to authorize human drug application, prescription drug establishment, and prescription drug product fees and for other purposes.
    House: no recorded tallySenate: no recorded tally
  • Amended byPub. L. 103-80(H.R. 2900)1993-08-13
    Nutrition Labeling and Education Act Amendments of 1993
    House: no recorded tallySenate: no recorded tally
  • Amended byPub. L. 103-396(S. 340)1994-10-22
    Animal Medicinal Drug Use Clarification Act of 1994
    House: no recorded tallySenate: no recorded tally
  • Amended byPub. L. 103-417(S. 784)1994-10-25
    Dietary Supplement Health and Education Act of 1994
    House: no recorded tallySenate: no recorded tally
  • Amended byPub. L. 104-134(H.R. 3019)1996-04-26
    Omnibus Consolidated Rescissions and Appropriations Act of 1996
  • Amended byPub. L. 104-170(H.R. 1627)1996-08-03
    Food Quality Protection Act of 1996
    House: no recorded tallySenate: no recorded tally
  • Amended byPub. L. 104-250(H.R. 2508)1996-10-09
    Animal Drug Availability Act of 1996
    House: no recorded tallySenate: no recorded tally
  • Amended byPub. L. 105-115(S. 830)1997-11-21
    Food and Drug Administration Modernization Act of 1997
    House: no recorded tallySenate: 98–2
  • Amended byPub. L. 106-387(H.R. 4461)2000-10-28
    Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 2001
  • Amended byPub. L. 107-188(H.R. 3448)2002-06-12
    Public Health Security and Bioterrorism Preparedness and Response Act of 2002
  • Amended byPub. L. 107-250(H.R. 5651)2002-10-26
    Medical Device User Fee and Modernization Act of 2002
    House: no recorded tallySenate: no recorded tally
  • Amended byPub. L. 108-136(H.R. 1588)2003-11-24
    National Defense Authorization Act for Fiscal Year 2004
  • Amended byPub. L. 108-173(H.R. 1)2003-12-08
    Medicare Prescription Drug, Improvement, and Modernization Act of 2003
  • Amended byPub. L. 108-214(S. 1881)2004-04-01
    Medical Devices Technical Corrections Act
    House: 396–0Senate: no recorded tally
  • Amended byPub. L. 108-282(S. 741)2004-08-02
    Minor Use and Minor Species Animal Health Act of 2003
    House: no recorded tallySenate: no recorded tally
  • Amended byPub. L. 109-59(H.R. 3)2005-08-10
    SAFETEA-LU
  • Amended byPub. L. 109-462(S. 3546)2006-12-22
    Dietary Supplement and Nonprescription Drug Consumer Protection Act
    House: 203–98Senate: no recorded tally
  • Amended byPub. L. 110-85(H.R. 3580)2007-09-27
    Food and Drug Administration Amendments Act of 2007
    House: 405–7Senate: no recorded tally
  • Amended byPub. L. 111-31(H.R. 1256)2009-06-22
    To protect the public health by providing the Food and Drug Administration with certain authority to regulate tobacco products, to amend title 5, United States Code, to make certain modifications in the Thrift Savings Plan, the Civil Service Retirement System, and the Federal Employees' Retirement System, and for other purposes.
  • Amended byPub. L. 111-353(H.R. 2751)2011-01-04
    FDA Food Safety Modernization Act
    House: 215–144Senate: no recorded tally
  • Amended byPub. L. 112-144(S. 3187)2012-07-09
    Food and Drug Administration Safety and Innovation Act
    House: no recorded tallySenate: 96–1
  • Amended byPub. L. 113-54(H.R. 3204)2013-11-27
    Drug Quality and Security Act
    House: no recorded tallySenate: no recorded tally
  • Amended byPub. L. 114-114(H.R. 1321)2015-12-28
    Microbead-Free Waters Act of 2015
    House: no recorded tallySenate: no recorded tally
  • Amended byPub. L. 114-255(H.R. 34)2016-12-13
    21st Century Cures Act
    House: no recorded tallySenate: no recorded tally
  • Amended byPub. L. 115-271(H.R. 6)2018-10-24
    SUPPORT for Patients and Communities Act
  • Amended byPub. L. 117-328(H.R. 2617)2022-12-29
    Consolidated Appropriations Act, 2023
    House: 225–201Senate: no recorded tally