Don’t Exempt Drug Assays from 510(k): Sharfstein
A comment letter signed by former FDA principal deputy commissioner Joshua Sharfstein (now a professor at Johns Hopkins University) and five other medical school professors or researchers says that drug testing assays that are Class 2 medical devices and used for employment or insurance purposes should not be permitted to come to market without first submitting 510(k) premarket notification, including disclosure of device technological characteristics. The letter says the assays should be removed from proposed exemptions from the FDA premarket notification list because they fail to meet two specified criteria for an exemption:
- Changes will be readily detectable. The letter says that for drug testing assays, a crucial technical specification is the cutoff value for a positive drug test that is measured in nanograms, a unit that does not meet FDA device exemption guidelines of changes needing to be “readily detectable by users by visual examination … or other routine testing.”
- Changes will not increase the risk of injury or incorrect diagnosis. A false positive result can cause significant harm in tests used for employment or insurance purposes, the comment letter says.