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Medical Device Electronic Labeling Act
To amend the Federal Food, Drug, and Cosmetic Act to expand the types of devices for which required labeling may be made available solely by electronic means, and for other purposes.
Summary
The bill would amend federal law to allow medical device manufacturers to provide required device labeling solely through electronic means rather than exclusively on physical labels or packaging. Manufacturers choosing electronic labeling must provide users with easy access to that labeling and allow users to request and receive paper copies at no cost, while physical labels must still meet regulatory requirements. The FDA Secretary may establish additional requirements or exceptions to electronic labeling on a case-by-case basis through orders published in the Federal Register with public notice and comment periods. The FDA may require certain information to remain on physical labels if necessary for devices used by patients without provider supervision or where electronic-only labeling would not ensure safety and effectiveness. Within two years, the FDA must seek public input on optimizing the format, accessibility, and usability of electronic device labeling.
AI-generated plain-language summary of the bill text — neutral, and may be imperfect. See the full text below for the exact wording.
Sponsor (1)
- Sen. Banks, Jim [R-IN] (R-IN)
1 cosponsor
Actions (2)
- May 13, 2026 Read twice and referred to the Committee on Health, Education, Labor, and Pensions. · senate
- May 13, 2026 Introduced in Senate
Similar bills (6)
Bills with similar text or summary — includes reintroductions across Congresses. Ranked by semantic similarity of the bill text (computed locally); a neutral discovery aid, not a claim the bills are duplicates.
Full text
IN THE SENATE OF THE UNITED STATES
May 13, 2026
Mr. Banks (for himself and Mr. Hickenlooper) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions
A BILL
To amend the Federal Food, Drug, and Cosmetic Act to expand the types of devices for which required labeling may be made available solely by electronic means, and for other purposes.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the “Medical Device Electronic Labeling Act”.
SEC. 2. ALLOWING REQUIRED LABELING OF DEVICES TO BE MADE AVAILABLE SOLELY BY ELECTRONIC MEANS.
Section 502(f) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 352(f)) is amended to read as follows:
“(f)(1) Unless its labeling bears (A) adequate directions for use; and (B) such adequate warnings against use in those pathological conditions or by children where its use may be dangerous to health, or against unsafe dosage or methods or duration of administration or application, in such manner and form, as are necessary for the protection of users, except that where any requirement of clause (A) of this subparagraph, as applied to any drug or device, is not necessary for the protection of the public health, the Secretary shall promulgate regulations exempting such drug or device from such requirement.
“(2) Subject to subparagraph (3), required labeling for devices (including in vitro diagnostic devices) may be made available solely by electronic means, provided that—
“(A) such required labeling complies with all applicable requirements of law and the manufacturer provides intended users of such devices with easy and user-friendly access to such labeling;
“(B) the manufacturer affords intended users of such devices the opportunity to request, through easily accessible mechanisms for making such request, the required labeling in paper form, and upon such request, promptly provides the requested information in paper form without additional cost; and
“(C) the label affixed to the device or its immediate container includes all information in compliance with this Act and the regulations thereunder or any applicable order of the Secretary under subparagraph (3)(A).
“(3)(A) The Secretary may issue an order establishing requirements in addition to, or exceptions from, the requirements under subparagraph
(2) for the label affixed to a device.
“(B) An order under clause (A) establishing a requirement in addition to the requirements under subparagraph (2) may be issued if the Secretary determines that—
“(i) such additional requirement is necessary to ensure that the label of a device intended for use by patients without provider supervision contains certain information or complies with certain conditions; or
“(ii) making labeling available solely by electronic means would not be sufficient to provide a reasonable assurance of the safety and effectiveness of the device.
“(C) An order under clause (A) establishing an exception from the requirements under subparagraph (2) shall contain a detailed description of which requirement the exception applies to and the justification for the exception.
“(D) Notwithstanding subchapter II of chapter 5 of title 5, United States Code, an order under this subparagraph shall be published in the Federal Register, following publication of a proposed order in the Federal Register and consideration of comments to a public docket.”.
SEC. 3. REQUEST FOR INFORMATION AND PUBLIC COMMENT.
Not later than 2 years after the date of enactment of this Act, the Secretary of Health and Human Services, acting through the Commissioner of Food and Drugs, shall post a request for information including a public docket in the Federal Register and on a publicly accessible website of the Department of Health and Human Services enabling stakeholders to submit comments on how to continue to optimize the format, accessibility, and usability of electronic labeling of devices other than prescription devices intended for use in health care facilities or by a health care professional and in vitro diagnostic devices intended for use by health care professionals or in blood establishments. <all>
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