MLRagent
Rules/comparative/US-CMP-001

No unsubstantiated drug-to-drug safety/effectiveness comparison

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Rule

In prescription drug advertising, a drug-to-drug comparison claiming or suggesting greater safety or effectiveness must be demonstrated by substantial evidence or substantial clinical experience in that specific particular. This rule is scoped by its source to prescription drug advertising and should not be asserted against OTC materials on the basis of this citation.

Check

For any claim or suggestion that the drug is safer or more effective than another named or identifiable drug, verify that substantial evidence or substantial clinical experience supports that specific particular. If the comparison is to a non-drug treatment rather than another drug, cite 21 CFR 202.1(e)(6)(i) instead of this provision.

Escalate when

Sufficiency or applicability of the evidence/clinical experience to the exact comparative particular claimed is disputed, or it is unclear whether the comparator is a "drug" (triggering (e)(6)(ii)) versus a non-drug treatment (triggering (e)(6)(i)).

Where this comes from

21 CFR 202.1(e)(6)(ii). The highlighted words are quoted exactly; a script confirms they appear in the source before the rule can be published.

…ions than has been demonstrated by substantial evidence or substantial clinical experience (as described in paragraphs (e)(4)(ii) (b) and (c) of this section) whether or not such representations are made by comparison with other drugs or treatments, and whether or not such a representation or suggestion is made directly or through use of published or unpublished literature, quotations, or other references. (ii) Contains a drug comparison that represents or suggests that a drug is safer or more effective than another drug in some particular when it has not been demonstrated to be safer or more effective in such particular by substantial evidence or substantial clinical experience. (iii) Contains favorable information or opinions about a drug previously regarded as valid but which have been rendered invalid by contrary and more credible recent information, or contains literature references or quotations that are significantly more favorable to the drug than has been demonstrated by substantial evidence or substantial clinical experience. (iv) Contains a representation or suggestion that a dr…
Document
21 CFR 202.1
Version
2026-09-16 — the link above is pinned to this date, so it shows the text as it stood then
Retrieved
2026-09-21 from www.ecfr.gov
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