AdvaMed Faults FDA on ‘Safety’ 510(k) Guidances

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AdvaMed is raising issues with FDA’s 9/2023 issuance of three “impactful and cross-cutting draft guidance documents related to the 510(k) program.” In its comment on the CDRH FY 2024 proposed guidance development document, the association notes that FDA said the guidances were developed in response to its 2018 Medical Device Safety Plan. AdvaMed says it and other stakeholders submitted comments on the plan.

“In the four-and-a-half years since comments were submitted for this request,” the letter says, “CDRH had not provided an update or response. Consequently, it came as a surprise when FDA issued the three draft guidance documents and stated that they are related to its 510(k)-modernization initiative. Further, two of the draft guidance documents covered topics that were outside the scope of CDRH’s questions in its 2019 call for comment.”

The letter says that since the three drafts were issued at the same time and with the same comment deadlines, were issued without any advance notice, and greatly affect the medical device industry, AdvaMed and other organizations asked for extensions to provide sufficient time to review the comments and prepare comments. “Despite the numerous requests and the broad support for extension, CDRH declined the requests,” the letter says.

The association asks FDA to provide an update on the next steps and associated timing for the three drafts. It also asks that CDRH give advance public notice of any other guidances and initiatives it intends to issue or launch related to the 2018 action plan.

The letter also contains AdvaMed’s comments on the CDRH FY 24 guidance A List and B List, noting that the three 510(k) guidances were not on the FY 2023 list and are missing from the FY 2024 list.

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