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21 CFR 314.80

Postmarketing Reporting of Adverse Drug Experiences

The US regulation requiring applicants to report postmarketing adverse drug experiences to the FDA — serious and unexpected reports as expedited 15-day "Alert Reports", plus periodic safety reporting — feeding the FDA Adverse Event Reporting System (FAERS).

LAST REVISED
January 2023
PRODUCT AREAS
Pharmacovigilance

What this does not cover

stated in the document's own scope
  • Covers post-marketing adverse-experience reporting for approved drugs; safety reporting during an IND is the separate subject of 21 CFR 312.32.
  • Applies to drugs under an NDA/ANDA; biologics licensed under the PHS Act report under the parallel 21 CFR 600.80.
  • Governs adverse-experience reports, not the field-alert reports for product/manufacturing defects, which fall under 21 CFR 314.81.
SOURCE & PROVENANCE
ISSUING BODY
Food and Drug Administration
JURISDICTION
United States
DOCUMENT ID
21 CFR 314.80
Official site — Food and Drug Administration

Always verify against the current published text before relying on it for a submission or inspection.

Overview

21 CFR 314.80 is the US regulation that governs how the holder of an approved drug application reports adverse drug experiences once the product is on the market. It defines the terms it uses — adverse drug experience, serious, unexpected — and then sets two reporting streams: expedited 15-day "Alert Reports" for events that are both serious and unexpected, and periodic reports that summarise everything else at defined intervals. The reports feed the FDA Adverse Event Reporting System (FAERS), the post-marketing safety database FDA uses for signal detection.

Scope & applicability

Holders of approved NDAs/ANDAs for marketed drugs. Parallel biologics reporting sits under 21 CFR 600.80.

Legal basis & how it acquires force

Section 314.80 is a binding regulation in Title 21 of the Code of Federal Regulations, issued under the Federal Food, Drug, and Cosmetic Act. It applies to holders of an approved NDA; §314.98 extends the same post-marketing reporting duties to ANDA (generic) holders, and §600.80 mirrors them for licensed biologics. Because it is codified regulation rather than guidance, its timelines and definitions are legal obligations, not recommendations.

Document structure

PartCovers
DefinitionsAdverse drug experience, serious adverse drug experience, unexpected adverse drug experience
Post-marketing 15-day Alert ReportsExpedited reporting of serious, unexpected experiences within 15 calendar days
Periodic adverse drug experience reportsQuarterly then annual periodic reporting for the remaining events
Scientific literature and other sourcesReports arising from the literature, studies, and foreign sources
RecordkeepingRetention of adverse-experience records and the basis for not reporting

Quick reference · Which report, and by when

How a marketed drug’s postmarketing adverse experiences reach the FDA.

ReportCoversDeadline
15-day “Alert Report”Adverse experiences that are both serious AND unexpected (foreign or domestic)15 calendar days from receipt
Periodic (PADER)All other reports — non-serious, or expectedQuarterly for 3 years after approval, then annually

The applicant must investigate all reports and submit follow-up within 15 calendar days; each quarterly report is due within 30 days of the close of the quarter. Reports feed the FDA Adverse Event Reporting System (FAERS).

Source: 21 CFR 314.80(c). Verify against the current text before relying on it for a submission.

Key requirements

  • Submit serious, unexpected ADEs as 15-day expedited reports
  • Submit periodic safety reports on the required schedule
  • Conduct and document diligent case follow-up

Implementation tips

  • Automate the 15-day clock from receipt date and reconcile submissions against the safety database monthly

Revision notes

Aligned over time with electronic ICSR submission to FAERS using the ICH E2B(R3) standard.

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21 CFR 314.80: frequently asked questions

Quick answers to common questions about 21 CFR 314.80.

What is a 15-day Alert Report under 21 CFR 314.80?

It is an expedited post-marketing report an application holder must submit within 15 calendar days for any adverse drug experience that is both serious and unexpected, whatever the source. The 15-day clock runs from first receipt of the information.

What is the difference between 21 CFR 314.80 and 312.32?

§314.80 governs post-marketing adverse-experience reporting for approved drugs; §312.32 governs safety reporting during clinical investigation under an IND. Different lifecycle stage, different regulation.

Where do 314.80 reports go?

They feed the FDA Adverse Event Reporting System (FAERS), FDA’s post-marketing safety database, and are increasingly submitted electronically in the ICH E2B format.