Food and Drug Food and Drug Administration Administration Kevin Bedal, Lisa Carlin, Matt Carroll, Erin NicholsOctober 24th, 2011

An Overview of the FDAAn Overview of the FDARegulates $1 trillion worth of products

◦ 25 cents of every dollar spent by AmericansRegulates cosmetics, food, blood supply,

medicines, biological, medical devices, radiation-emitting products, and feed & drugs for animals

Performs surveillance of regulated productsMakes sure products are labeled truthfullyEmploys 9,000 employees

◦ cost is $3 / person/yr◦ 95,000 FDA-regulated businesses

An Overview of the FDA An Overview of the FDA (cont)(cont)Visits to 15,000 facilities/yr

◦ collect 80,000 domestic & imported product samples

Violations of FDA laws & regulations◦ encourage firm to voluntarily correct the

problem◦ recall a faulty product from the market

about 3,000 products recalled/yr◦ FDA can go to court to force a company to stop

selling a product, can seize and destroy products

◦ Also criminal penalties against manufacturers and distributors

Example of Product RecallExample of Product Recall2010 Infant Formula Recall

◦ On September 22, 2010, Abbott  issued a voluntary recall of certain Similac powdered infant formula after identifying a common warehouse beetle (both larvae and adults) in the finished product at their Sturgis, Michigan plant.

◦ The company said it was voluntarily recalling just shy of 5 million units of Similac, the top-selling baby formula, in United States, Guam, Puerto Rico and other Caribbean markets.

Major Centers at FDAMajor Centers at FDAFDA is an agency of the Public Health

Service which is part of the Department of Health and Human Services

Center for Biologics Evaluation & Research◦ regulates biologically produced products such as

blood, vaccines, biological therapeuticsCenter for Drug Evaluation and Research

◦ regulates the safe and effective use of drugsCenter for Devices and Radiological Health

◦ regulates the safe and effective use of medical devices and eliminates unnecessary exposure to man-made radiation from medical, occupational, and consumer products

Latest Major Medical Device Latest Major Medical Device LawLawThe Medical Device User Fee and

Stabilization Act (MDUFSA) of 2005.◦The MDUFSA amends the user-fee

system created by the original Medical Device User Fee and Modernization Act of 2002, which allows the FDA to charge a fee for medical device product reviews.

History of the FDAHistory of the FDAFederal Food, Drug, and Cosmetic Act (FD&C Act)

1938◦ US Congress for the first time addressed issues related to

medical devices and drugs

◦ Radiation Control & Health Safety Act of 1968◦ both medical and nonmedical applications◦ performance standards for x-ray systems, computed

tomography, laser-based devices, and ultrasonic diagnostic and therapeutic products

Cooper Committee Report 1970◦ requires premarket clearance of risky devices◦ based on 10,000 device-related injuries over a 10 yr

period◦ classified medical devices into 3 groups: Class I, Class II,

Class III

History of the FDA (cont)History of the FDA (cont) Bureau of Medical Devices (BMD) 1974

◦ began classifying medical devices◦ created Office of Small Manufacturers Assistance to help

manufacturers understand the law Medical Device Amendments 1976

◦ made into law the tripartite medical device classification scheme

◦ manufacturers had to notify FDA prior to marketing any device, unless the device was exempt

◦ introduced concept of substantial equivalence to pre-amendment devices

◦ certain products previously classified as drugs were reclassified as class III devices

◦ required registration of medical device establishments◦ authorized what became Good Manufacturing Practices

(GMP)◦ expanded FDA enforcement authority

History of the FDA (cont)History of the FDA (cont)Good Manufacturing Practices Regulation (GMP)

1978◦ comprehensive set of requirements on

facilities methods controls for manufacturing, packaging, and storage of

medical devices

Medical Device Reporting Regulation (MDR rule) 1984◦ requires manufacturer to submit a report to FDA

whenever a device they marketed might have caused an adverse event resulting in death or serious injury

◦ must file a report whenever 1 device was known to have failed and a repeat occurrence would be likely to lead to death or serious injury

History of the FDA (cont)History of the FDA (cont) FDA Plan of Action (first) 1985

◦ response to criticism of FDA’s implementation of the 1976 amendments

◦ maintain regulatory control without putting up roadblocks to innovation

◦ provided guidelines for functional substantial equivalence rather than technological equivalence

◦ allowed premarket notifications (PMN or 510 (k) s) rather than premarket approvals (PMA)

FDA Plan of Action (second) 1987◦ FDA would focus on risk assessment for informed

judgments on device safety◦ emphasize post-market surveillance of devices◦ FDA focus on user education

History of the FDA (cont)History of the FDA (cont) FDA reviewer Guidance for Computer-controlled

Medical Devices undergoing 510(k) review 1991◦ applies to medical products having software as part of

the device◦ ensures uniform review of such devices

FDA Regulatory Procedures Manual Revision 1991◦ replaced older enforcement system of notices of adverse

findings and regulatory letters◦ now a single type of FDA communication - warning letter

Medical Device Amendments of 1992◦ refined medical device tracking regulations◦ made noncompliance with postmarket surveillance a civil

or criminal penalty◦ FDA can require repair, replacement, or refund for

devices not designed or made properly

History of the FDA (cont)History of the FDA (cont)Temple Report 1993

◦ found deficiencies in the design, conduct, and analysis of clinical trials in support of PMA’s and 510(k)’s

◦ expressed a need for better scientific rigor, called for controlled, randomized, and masked trials when feasible

Medical Device Reporting regulation for Manufacturers 1995◦ requires device manufacturers to provide FDA with

more information about adverse events with substantially more specificity

Revised GMP Regulation 1996◦ FDA rules for GMP now include preproduction quality

control

History of the FDA (cont)History of the FDA (cont)FDA Modernization Act of 1997

◦ device industry’s efforts to reform FDA their view, FDA is inefficient, unfair, needs reform

◦ became effective February 19, 1998

What is a Medical Device?What is a Medical Device? Medical device (section 201 of the Federal F,D, & C

Act)◦ instrument, apparatus, implement, machine, contrivance,

implant, in vitro reagent, or other similar or related article including any component, part, or accessory which is: recognized in the official National Formulary, or the United

States Pharmacopeia (USP), or any supplement to them; intended for the use in the diagnosis of disease or other

conditions, or in the cure, mitigation, treatment, or prevention of disease, in man or animals; or

intended to affect the structure of any function of the body of man or other animals; and which does not achieve its primary intended purposes through chemical action within or on the body of man… and which is not dependent upon being metabolized for the achievement of its primary purposes (i.e. not a drug).

Difference in Roles/ Difference in Roles/ ResponsibilitiesResponsibilities

Medical Device Manufacturer◦ Any person who manufactures, fabricates,

assembles, or processes a finished device, including any repacker and/or relabeler.

Medical Device Distributor◦ Any person who furthers the marketing of a device

from the original place of manufacture, whether domestic or imported, to the person who makes final delivery or sale to the ultimate consumer or user, but who does not repackage or otherwise change the container, wrapper, or labeling of the device or the device package.

Medical Device Company Owner/Operator◦ The name of the corporation, subsidiary, affiliated

company, partnership, or proprietor.

Classification of Medical Classification of Medical DevicesDevicesClass I Medical Devices

◦ not life sustaining, no risk to life◦ least risk of injury to either the operator or the

patient◦ only general controls such as

adulteration/misbranding, registration and listing, repair, replacement, refund, and banned products are needed to ensure safety and effectiveness

◦ examples include manual stethoscopes, surgical scalpels, forceps, wheelchairs, elastic bandages, exam gloves

◦ some class I devices can be exempt from PMN and/or GMP

Classification of Medical Classification of Medical DevicesDevicesClass II Medical Devices

◦ also not life sustaining◦ need additional controls such as performance

standards, postmarket surveillance, special labeling, patient registries, guidelines, recommendations

◦ examples include endoscopes for viewing body cavities, surgical lasers, powered wheelchairs, infusion pumps, surgical drapes

◦ usually exempt from proving safety and efficacy, however FDA may require additional laboratory or clinical studies

◦ class II devices are never exempt from PMN or GMP

Classification of Medical Classification of Medical DevicesDevices Class III Medical Devices

◦ general and special controls not sufficient to establish safety and efficacy

◦ used to support or sustain life or present a potential unreasonable risk of injury or illness

◦ generally requires an approved premarket approval (PMA) application (PMAA), unless: equivalent to devices marketed before 5/28/76 in which

case you follow a premarket notification (PMN or 510(k)) process unless FDA has already made that type of device follow the PMA process

PMA can take several years

◦ Failure mode analysis, animal tests, toxicology, human clinical trials (IDE and IRB) are required

◦ examples include indwelling gas analyzers, implanted cardiac pacemakers, balloon catheters, stents, cardiac arrhythmia alarms, heart valves, breast implants

Types of Class III DevicesTypes of Class III DevicesPreamendment Device

◦ Device that was in commercial distribution before May 28, 1976, the date the Medical Device Amendments were signed into law.

◦ Require a PMA only after FDA publishes a regulation calling for PMA submissions.

Postamendment Devices◦ Device that was first distributed commercially on or after May

28, 1976. Subject to same requirements as equivalent preamendment devices.

Transitional Devices◦ Device that was regulated as a new drug before May 28, 1976. ◦ Any Class III device that was approved by a New Drug

Application (NDA) is now governed by the PMA regulations.◦ Some of the transitional devices were down-classified to Class II.

Which Class is my Device?Which Class is my Device?

Types of DevicesTypes of Devices In Vitro Diagnostics

◦ Medical devices that test for diseases, conditions, or infections.

◦ Can be used in a laboratory setting, a professional healthcare setting, or even for at home use.

◦ Includes reagents, instruments, kits, or systems used to examine body specimens such as blood or tissue.

◦ Examples: Common tests include blood tests for glucose, liver

enzymes, levels of electrolytes such as calcium, sodium, and potassium, and tests for drugs.

‘Specimen receptacles’ - devices specifically intended by their manufacturers for the primary containment and preservation of specimens derived from the human body for the purpose of in vitro diagnostic examination.

Exempt: General lab equipment not specifically intended for in vitro diagnostic examination.

Types of Devices (cont)Types of Devices (cont)Combination Devices

◦ A product that is a combination of a drug, device, and/or biologic.

◦ Includes products that are physically or chemically combined, products that are packaged together as one unit, and any other products that are intended for use specifically with another product.

◦ Office of Combination Products (OCP) assigns which center has the primary responsibility for these types of devices.

◦ Examples:◦ Device coated with

drug or biologic

◦ Drug delivery system

Types of Devices (cont)Types of Devices (cont)Custom Devices

◦ Devices ordered by a physician or dentist for his or her own use or for a specific patient and that are not generally available.

◦ These devices cannot be labeled or advertised for commercial distribution.

◦ Currently being scrutinized by the FDA since a complete DHF and FDA submission is not required. Doctors must sign waivers saying that they

release the company from all liabilities.

FDA Approval ProcessFDA Approval ProcessRegistration

◦ Medical device manufacturers, US importers, distributors, repackers, and relabelers must register with the FDA.

◦ Exempt from registration: Licensed practitioners such as physicians,

dentists, and optometrists who manufacture or alter devices solely for their own use or practice.

Retail outlets, research manufacturers with no commercial products, warehouse operators provided they do not alter the devices, delivery people, people who dispense such as audiologists, optometrists, etc.

FDA Approval ProcessFDA Approval ProcessDevice Listing

◦ After being cleared for commercial distribution, the owner/operator must list the device with the FDA.

◦ Identifies the owner/operator and all others involved in the manufacturing, repacking, relabeling, specification development, distribution, or importation of the device.

FDA Approval ProcessFDA Approval ProcessDevice Labeling

◦ FDA requires following information on a label: Common name of device and accurate

statement of its principal intended actions. Adequate directions for use:

Indications, dose, frequency of administration, duration of administration, time of administration, route of administration, preparation for use

Declaration of its net quantity of contents. Name and address of the manufacturer,

packer, or distributor.

FDA Approval ProcessFDA Approval ProcessPremarket Approval (PMA)

◦ PMA is the FDA process of scientific and regulatory review to evaluate the safety and effectiveness of Class III medical devices.

◦ PMA’s must contain sufficient scientific evidence to ensure it is safe and effective for its intended use.

◦ FDA regulations provide 180 days to review the PMA and must decide that the device is safe and effective for PMA approval which may use advisory committees

◦ If there is not an effective date listed for the PMA then a Class III 510(k) should be submitted.

FDA Approval ProcessFDA Approval ProcessPremarket notification (PMN or

510(k) )◦ Any Class I, II or III device intended for human use that

does not require a PMA must submit a 510(k) unless: the device is exempt from PMN was marketed before May 28, 1976 requires premarket approval (PMA)

◦ This is a premarket submission to the FDA that demonstrates that the device is as safe and effective as a legally marketed device which is not subject to PMA (aka equal). The legally marketed device to which equivalence is drawn is

known as the predicate device.

◦ This allows the FDA to decide whether the device is substantially equivalent to a legally marketed Class I or Class II device, or to a predicate Class III device not requiring a PMA

FDA Approval ProcessFDA Approval ProcessPremarket notification (PMN or

510(k) ) (cont)◦ To say the device is substantially equivalent means it

need to be AT LEAST as safe and effective as the predicate device therefore it: Has the same intended use as the predicate and as the same

technological characteristics as the predicate OR Has the same intended use as the predicate and has different

technological characteristics and information submitted to the FDA

◦ A device may not be marketed until the device is declared substantially equivalent. If it is not then the submitter may Resubmit a 510(k) with new data Submit a PMA Or reclassify the device

FDA Approval ProcessFDA Approval ProcessGood Manufacturing Practices (GMP)

◦ Part of a quality system covering the manufacture and testing of pharmaceuticals, food and medical devices.

◦ Includes clearly defined and controlled processes to validate a process for consistent testing and results.

◦ Must provide assurance that the device is manufactured under regulated conditions and controls that ensure it is safe and effective for the intended use.

◦ Needs a quality assurance program (QA) Refers to a program with systematic monitoring and

evaluation to ensure the quality of the system/product is met.

FDA Approval ProcessFDA Approval Process Investigational Device Exemptions (IDE)

◦ Section 520 of the FD&C Act provides manufacturers the authority to ship devices solely for investigational use if they obtain approval for an IDE as part of a Pre Market Approval get the clinical data needed for the PMA

◦ Unless exempt, all clinical evaluations of investigational devices must have an approved IDE before starting the study.

◦ If evaluation is not cleared for marketing requires: An IDE approved by an institutional review board (IRB) and if there is a

risk with the device then FDA approval is also needed. Consent from patients Labeling for investigational use only Monitoring of the study as well as records and reports.

FDA Approval ProcessFDA Approval Process Investigational Device Exemptions (IDE)

(cont)◦ the IDE application must include

device description prior investigations investigational plan facility where the device was made investigator agreements institutions where the study will be conducted proposed labeling description of clinical evaluation and IRB supervision informed consent from human subjects

Example In Industry Example In Industry (Pharmaceuticals)(Pharmaceuticals)

Example in Industry (Medical Example in Industry (Medical Devices)Devices)

New Development Product (i.e. at US Endoscopy)

Production Level Device is Ready

In Vitro Testing on Animal Parts

Design Limited Market Release (Clinical Testing on Patients)

Bench Testing (Age, Output Verification, etc.)

Full Market Release

Testing acceptable

Testing acceptable

Testing acceptable

redesign

Formal Application to the FDA

90 or 180 days