§360aaa–6. Rules of construction

(a) Unsolicited request

Nothing in section 360aaa of this title shall be construed as prohibiting a manufacturer from disseminating information in response to an unsolicited request from a health care practitioner.

(b) Dissemination of information on drugs or devices not evidence of intended use

Notwithstanding subsection (a), (f), or (o) of section 352 of this title, or any other provision of law, the dissemination of information relating to a new use of a drug or device, in accordance with section 360aaa of this title, shall not be construed by the Secretary as evidence of a new intended use of the drug or device that is different from the intended use of the drug or device set forth in the official labeling of the drug or device. Such dissemination shall not be considered by the Secretary as labeling, adulteration, or misbranding of the drug or device.

(c) Patent protection

Nothing in section 360aaa of this title shall affect patent rights in any manner.

(d) Authorization for dissemination of articles and fees for reprints of articles

Nothing in section 360aaa of this title shall be construed as prohibiting an entity that publishes a scientific journal (as defined in section 360aaa–5(5) of this title) from requiring authorization from the entity to disseminate an article published by such entity or charging fees for the purchase of reprints of published articles from such entity.

(June 25, 1938, ch. 675, §557, as added Pub. L. 105–115, title IV, §401(a), Nov. 21, 1997, 111 Stat. 2363 .)

Termination of Section

For termination of section by section 401(e) of Pub. L. 105–115, see Effective and Termination Dates note set out under section 360aaa of this title.