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Can a supplier rely on the FCN obtained by its customers to sell to other customers?

Mar 2001

Question: Can a supplier rely on the FCN obtained by its customers to sell to other customers?

Answer: No. FDAMA makes clear that only the submitter and its customers may rely on a notification.

Thus, if a manufacturer of a new polymer obtains a notification, its supplier of the monomer used to make the polymer can rely on the notification to market the monomer only to the notifying company, not to a third company.

Likewise, if film manufacturer A obtains a notification on a single compound X contained in the film, the supplier of compound X may not rely on the notification to sell compound X to other film manufacturers. The notification applies only to film manufacturer A and its customers.

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