Selected passages from the FDA letter
Quoted FDA text from the published dataset. These selected excerpts are not the complete letter.
Passage 1your devices are adulterated under section 501(f)(1)(B) of the Act, 21 U.S.C. § 351(f)(1)(B), because your firm does not have approved applications for premarket approval (PMA) in effect pursuant to section 515(a) of the Act, 21 U.S.C. § 360e(a), or approved applications for an investigational device exemption (IDE) under section 520(g) of the Act, 21 U.S.C. § 360j(g).
Passage 2Your devices are also misbranded under section 502(o) of the Act, 21 U.S.C. § 352(o), because your firm did not notify the agency of its intent to introduce your devices into commercial distribution, as required by section 510(k) of the Act, 21 U.S.C. § 360(k), and 21 CFR 807.81(a).
Passage 3These represent major changes or modifications to the intended uses for this device and are changes or modifications that could significantly affect its safety or effectiveness. Therefore, premarket notification for this device is required. See 21 CFR 807.81(a)(3).
Citations in the original letter
As cited in this historical letter, not a statement of current regulatory requirements.
- 21 CFR 807.81(a)
- 21 CFR 807.81(a)(3)
- 21 CFR 807.81(b)