CHPA Recommendations for Implementation of Genus Decision
The Consumer Healthcare Products Association (CHPA) says there are several steps FDA should take as it implements the DC Court of Appeals decision in Genus Medical Technologies. The court determined that FDA cannot regulate as a drug any product that meets the definition of a medical device in section 201(h) of the Federal Food, Drug, and Cosmetic Act.
Responding to an agency request for comment on its approach to implementing the decision and the categories of products involved, CHPA says FDA should:
- specify how it will implement device classification into Class 1, 2, or 3 for products currently regulated as drugs that are transitioned to device status due to Genus;
- determine the least burdensome manner for transitioning products from drug to device and allow sufficient time for the transition, recognizing that sponsors will need time to transition from one regulatory scheme to another;
- give additional details on the process for requesting a user fee refund due to transition and how those requests will be handled; and
- apply the principles of Genus in determining whether the constituent parts of a combination product are drug or device constituents.