FDA is issuing this guidance to interpret the terms used in the definition of suspect product set 19 forth in section 581(21) of the Federal Food, Drug, and Cosmetic Act (FD&C Act) (21 U.S.C. 20 360eee(21), and the definition of illegitimate product set forth in section 581(8) of the FD&C 21 Act, to assist trading partners in meeting verification obligations (including notification) under 22 section 582(b)(4), (c)(4), (d)(4), and (e)(4) (21 U.S.C. 360eee-1(b)(4), (c)(4), (d)(4), and (e)(4))), respectively. The Drug Supply Chain Security Act (DSCSA) (Title II of Public Law 113-54) amended the FD&C Act to establish requirements for product tracing, verification, and identification for certain drug products that are distributed in the United States. Many of the terms used in these requirements are defined in section 581 of the FD&C Act. In general, FDA’s guidance documents do not establish legally enforceable responsibilities. Instead, guidances describe the Agency’s current thinking on a topic and should be viewed only as recommendations, unless specific regulatory or statutory requirements are cited. The use of the word should in Agency guidances means that something is suggested or recommended, but not required.
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