21 CFR Part 820 · Quality System Regulation (before Feb 2, 2026)

21 CFR 820.198

Complaint files

21 CFR 820.198 is the regulation titled “Complaint files” in 21 CFR Part 820, Quality System Regulation (before Feb 2, 2026). Since 2021, 91 FDA warning letters have cited it.

Part 820 changed when FDA's Quality Management System Regulation took effect on February 2, 2026. This is the earlier text these letters cite.

Letters citing it
91 since 2021
Jan 1 to Oct 30, 2026
12 against 26 on the same dates in 2025
Most often cited with
21 CFR 820.30, in 70 letters
Closed out
21% of these letters have a published close-out
See the 91 letters citing 21 CFR 820.198 →

Letters citing it, by year issued

Most are medical device letters (90 of 91). 2026 runs to Oct 30, 2026. Pick a year to see its letters.

  1. 92021
  2. 132022
  3. 142023
  4. 142024
  5. 292025
  6. 122026

What FDA writes when it cites it

The finding headings that cite 21 CFR 820.198 most often, as written in the letters.

  • 8 lettersFailure to establish and maintain procedures for receiving, reviewing, and evaluating complaints by a formally designated unit, as required by 21 CFR 820.198(a)
  • 3 lettersFailure to adequately establish and maintain procedures for receiving, reviewing, and evaluating complaints by a formally designated unit, as required by 21 CFR 820.198(a)
  • 2 lettersFailure to adequately establish and maintain procedures for receiving, reviewing, and evaluating complaints by a formally designated unit, as required by 21 CFR 820.198

The regulation

Read the text of 21 CFR 820.198 (eCFR, as of Jun 1, 2025)

(a) Each manufacturer shall maintain complaint files. Each manufacturer shall establish and maintain procedures for receiving, reviewing, and evaluating complaints by a formally designated unit. Such procedures shall ensure that:

(1) All complaints are processed in a uniform and timely manner;

(2) Oral complaints are documented upon receipt; and

(3) Complaints are evaluated to determine whether the complaint represents an event which is required to be reported to FDA under part 803 of this chapter, Medical Device Reporting.

(b) Each manufacturer shall review and evaluate all complaints to determine whether an investigation is necessary. When no investigation is made, the manufacturer shall maintain a record that includes the reason no investigation was made and the name of the individual responsible for the decision not to investigate.

(c) Any complaint involving the possible failure of a device, labeling, or packaging to meet any of its specifications shall be reviewed, evaluated, and investigated, unless such investigation has already been performed for a similar complaint and another investigation is not necessary.

(d) Any complaint that represents an event which must be reported to FDA under part 803 of this chapter shall be promptly reviewed, evaluated, and investigated by a designated individual(s) and shall be maintained in a separate portion of the complaint files or otherwise clearly identified. In addition to the information required by § 820.198(e), records of investigation under this paragraph shall include a determination of:

(1) Whether the device failed to meet specifications;

(2) Whether the device was being used for treatment or diagnosis; and

(3) The relationship, if any, of the device to the reported incident or adverse event.

(e) When an investigation is made under this section, a record of the investigation shall be maintained by the formally designated unit identified in paragraph (a) of this section. The record of investigation shall include:

(1) The name of the device;

(2) The date the complaint was received;

(3) Any unique device identifier (UDI) or universal product code (UPC), and any other device identification(s) and control number(s) used;

(4) The name, address, and phone number of the complainant;

(5) The nature and details of the complaint;

(6) The dates and results of the investigation;

(7) Any corrective action taken; and

(8) Any reply to the complainant.

(f) When the manufacturer's formally designated complaint unit is located at a site separate from the manufacturing establishment, the investigated complaint(s) and the record(s) of investigation shall be reasonably accessible to the manufacturing establishment.

(g) If a manufacturer's formally designated complaint unit is located outside of the United States, records required by this section shall be reasonably accessible in the United States at either:

(1) A location in the United States where the manufacturer's records are regularly kept; or

(2) The location of the initial distributor.

[61 FR 52654, Oct. 7, 1996, as amended at 69 FR 11313, Mar. 10, 2004; 71 FR 16228, Mar. 31, 2006; 78 FR 58822, Sept. 24, 2013]

Text from eCFR as of Jun 1, 2025.

Cited alongside it

Regulations that appear in the same letters as 21 CFR 820.198.

Latest letters citing it

The 3 letters citing 21 CFR 820.198 that FDA posted most recently.

See the 91 letters citing 21 CFR 820.198 →
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