| Regulatory Authority | Food and Drug Administration |
|---|---|
| Regulatory Authority Website Link | Click Here |
| Device Classification | I,II,III |
| Medical Device Regulations | 21 CFR Part 820 | Click Here |
| IVD Classification | I,II,III |
| In Vitro Diagnostics Regulations | Overview of IVD Regulation |
| Device Classification Guidelines | How to Locate Classification Regulations | Click Here |
| Registration Process | Device Registration and Listing | Click Here |
| Registration Timeline | For 510k it takes 90 days and for PMA it takes 180 days. |
| Conformity Assessment Route |
Bringing a device to the market in the United States may appear complex. Following these four steps may assist you to navigate the process. Four steps to bring a device to the market:
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| Technical Documentation Format |
The technical document format for medical devices submitted to the U.S. FDA varies depending on the regulatory pathway, such as a Premarket Notification [510(k)], Premarket Approval (PMA), or De Novo classification request. Refer to Step 2 for how to prepare and submit the documents for FDA. | Click Here |
| Requirement of Authorized Representative | Yes |
| Language Requirement | Labels must be in English Language |
| Labeling Requirements |
The general labeling requirements for medical devices are contained in 21 CFR Part 801. These regulations specify the minimum requirements for all devices. | Click Here |
| Clinical Trials Information |
The Center for Devices and Radiological Health (CDRH) accepts and encourages the inclusion of clinical data in electronic (non-PDF) form as supporting material to a premarket (PMA or 510(k)) submission. | Click Here |
| Software Guidance Document |
This guidance document is intended to provide information regarding the recommended documentation for premarket submissions for FDA’s evaluation of the safety and effectiveness of device software functions | Click Here |
| Database | Medical Device Database | Click Here |
| Fees for Submission |
Under the user fee system, medical device companies pay fees to the FDA when they submit a premarket submission to market a new medical device in the U.S., and when they register their establishments and list their devices with the agency. | Click Here |
| Declaration of Conformity |
Elements of declaration of conformity – |
| Certificate of Free Sale |
CFG typically refers to a Certificate to Foreign Government issued by the U.S. FDA. A CFG certifies that a medical device can be legally marketed in the U.S. and complies with the Federal Food, Drug, and Cosmetic Act. It is often required by foreign regulatory bodies for device registration. This certificate is voluntary, not mandatory for exporting legally marketed devices. | Click Here |
| Post Market Surveillance |
These include such things as tracking systems, reporting of device malfunctions, serious injuries or deaths, and registering the establishments where devices are produced or distributed. | Click Here |
| Reportable Incidents |
Reportable incidents for medical devices under the FDA include events that lead to death, serious injury, or device malfunction that could result in death or serious injury if it were to recur. These incidents fall under the Medical Device Reporting (MDR) requirements outlined in 21 CFR Part 803. | Click Here |
| Adverse Event Reporting Timelines | For manufacturers: Submit reports of deaths, serious injuries, and certain malfunctions within 30 calendar days of becoming aware of the issue. |
| Recalls |
Medical device recalls are usually conducted voluntarily by the manufacturer under 21 CFR 7. | Click Here |
| Advertising and Promotions |
The FDA does not oversee advertising for most Over-the-Counter (OTC) devices, as these are not considered "restricted" and are regulated by the FTC. However, for restricted devices, the FDA mandates that all advertisements include a brief statement of the product's intended use, relevant warnings, precautions, side effects, and contraindications, alongside the device's true established name, according to the U.S. Food and Drug Administration (FDA). | Click Here |
| Additional Information | As of October 1, 2023, all 510(k) submissions, unless exempted, must be submitted as electronic submissions using eSTAR through the CDRH Portal for CDRH or the Electronic Submission Gateway (ESG) for CBER. De Novo, Pre-Sub submissions, and certain PMA application and supplement types can be voluntarily submitted as eSTARs through the CDRH Portal or mailed to the FDA. |
| Contact Phone | (301) 796-7100 |
| Contact Email | DICE@fda.hhs.gov |
| Contact Address | Division of Industry and Consumer Education CDRH-Center for Devices and Radiological Health Food and Drug Administration 10903 New Hampshire Avenue Silver Spring, MD 20993 |