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HomeHealth and Safety CodeDiv. 104Pt. 4Ch. 4Art. 2§ 109320 Drug Approval Withdrawal

§ 109320 Drug Approval Withdrawal

Health and Safety Code·California
AI Summary·Official Text·Key Terms·Related Statutes·References
AI SummaryVerified

§ 109320 Drug Approval Withdrawal

This law says the government can stop a medicine or medical device from being sold if it's unsafe, doesn't work, or if the company lied or didn't keep good records.

Key Takeaways

  • •The government can stop a medicine or device if it's found to be unsafe later.
  • •If a company lies on their application, the product can be banned.
  • •Bad record-keeping or misleading labels can also get a product pulled.
  • •If there's a big danger to people, the government can act fast.

Example

A company sells a painkiller that later causes heart problems in some people.

The government can pull the painkiller off the shelves because it's unsafe, even if it was approved before.

AI-generated — May contain errors. Not legal advice. Always verify source.

Official Source
View on CA.gov

§ 109320 Drug Approval Withdrawal

(a)  The board shall issue an order withdrawing approval of an application concerning any drug, medicine, compound, or device if, after due notice to the applicant and opportunity for a hearing, the board finds any of the following: (1)  That clinical or other experience, tests, or other scientific data show that the drug, medicine, compound, or device is unsafe for use under the conditions of use upon the basis that the application was approved; (2)  That new evidence of clinical experience, not contained in the application or not available to the board until after the application was approved, or tests by new methods, or tests by methods not deemed reasonably applicable when the application was approved, evaluated together with the evidence available to the board when the application was approved, shows that the drug, medicine, compound, or device is not shown to be safe for use under conditions of use upon the basis that the application was approved; or (3)  On the basis of new information with respect to the drug, medicine, compound, or device, evaluated together with the evidence available to the board when the application was approved, that there is a lack of substantial evidence that the drug, medicine, compound, or device will have the effect it purports or is represented to have under the conditions of use prescribed, recommended, or suggested in the labeling or advertising thereof; or (4)  That the application contains any untrue statement of a material fact. (b)  If the board finds that there is an imminent hazard to the public health, it may suspend the approval of the application immediately. (c)  The board may also, after due notice and opportunity for hearing, withdraw the approval of an application with respect to any drug, medicine, compound, or device under this section if the board finds any of the following: (1)  That the applicant has failed to establish a system for maintaining required records, or has repeatedly or deliberately failed to maintain the records or to make required reports, or the applicant has refused to permit access to, or copying or verification of, the records. (2)  That on the basis of new information before the board, evaluated together with the evidence before it when the application was approved, the methods used in, or the facilities and controls used for, the manufacture, maintenance, processing, and packing of the drug, medicine, compound, or device are inadequate to assure and preserve its identity, strength, quality, and purity and with respect to a device are inadequate to preserve its safety or effectiveness and were not made adequate within a reasonable time after receipt of written notice from the board specifying the matter complained of. (3)  That on the basis of new information before it, evaluated together with the evidence before it when the application was approved, the labeling of the drug, medicine, compound, or device, based on a fair evaluation of all material facts, is false or misleading in any particular and was not corrected within a reasonable time after receipt of written notice from the board specifying the matter complained of. (d)  Any order under this section shall state the findings upon which it is based. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)

Last verified: January 11, 2026

Key Terms

applicationevidencehealthporthazardhearingthe boardexperience

Related Statutes

  • § 11801 County Alcohol Program Administration
  • § 128252 Medical Education Council Powers
  • § 14911 Board Report Modifications
  • § 1602.6 Blood Import Standards
  • § 1603.1 Blood Testing Requirements

References

  • Official text at leginfo.legislature.ca.gov
  • California Legislature. Health and Safety Code. Section 109320.
View Official Source